Re: Red Sox fan injured by beer can punted by Gomes
posted at 9/28/2013 12:30 PM EDT
In response to southpaw777's comment:
Drinking and Driving is against the law, regardless of the outcome. Kicking cans is not. Argue the morality, but actions have already been taken to outlaw drunk driving. No one will ever outloaw kicking cans much in the same way no one will outlaw throwing stones even though they can always cause bodily harm, too.
In response to notin's comment:
In response to andrewmitch's comment:
It's a perfectly good analogy. Not sure why you don't get it.
If you kick a beer can into a crowd and you kill someone, and there was NO INTENT, are you saying that is a LEGAL act? I will assume (I HOPE!) that you agree that a crime was committed.......
But in that same incident if no one got hurt, then it was not an illegal act. - that is what everyone seems to think here with few exceptions......
Then with Drinking and Driving......It is illegal regardless if anyone got hurt or not. OK fine.......then why don't the same rules apply to the beer can? If there is no one is hurt as a result of drinking and driving then why is it a crime? Both actions are putting innocent people at risk.
Note: Of course the mere act of kicking a can is not illegal. The mere act of swinging a baseball bat is not illegal either. But if you do these things in the middle of a crowd - THAT DID NOT VOLUNTEER TO PARTICIPATE IN YOUR GAME - then you are engaging in Reckless Behavior which is a crime. Automatic arrest. If there is an injured party that will be correlated to the amount of damage in a civil matter (although it can affect the degree of the crime and the punishment). But also, and make no mistake about it, technically even the people who ducked and were not hit are considered injured parties.
Again, what did Gomes think would happen when he kicked full cans of beer into the stands?
And if a fan did that, what do you think would had happened to him?
However, there can and very likely will be civil actions as a result of Gomes' behavior. And if there are, he brought them on himself and will have to handle it himself. Gomes won't and be charged with anything. We all know how this will end, and the key word is "settlement."
Looks like some med bills, a few souveniers and playoff tix for the gentleman cut open by the can...there settled. He was a good sport about it and understood what was going on. Obviously hes not some money hungry person looking for a silly amount of $$ for no good reason.
I think weve all agreed that it wasnt the smartest thing to do notin. Were arguing the matter of it not being illegal like AM thinks it is. He has given every ridiculous analogy he can think of to defend it. There was obviously no malicious intent as well as the man being a willing participant trying to catch the can.
Smart? Not at all...Illegal? no...Comparable to chucking a rock into a crowd with malicious intent or drunk driving? not even close.
It was never illegal, but it was always horribly stupid. Gomes was very lucky the fan was reasonable about it. Heck, I am not so sure I would have been. I mean, playoff tickets are nice, but I have a mortgage!!