Should sports stars be liable for assault inside the confines of the game?

unclehobart

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Bertuzzi charged with assault for Moore attack
If convicted, All-Star could receive sentence of up to 1 1/2 years
or up to 10 years, depending on which court hears trial.

The Associated Press
Updated: 8:23 p.m. ET June 24, 2004
VANCOUVER, British Columbia - Canucks star Todd Bertuzzi was charged with assault Thursday for a sucker-punch that broke Steve Moore’s neck and left him in a pool of blood, an attack that prompted an outcry about hockey violence.

The charges were announced by the criminal justice branch of the ministry of the attorney general after a four-month investigation.

Bertuzzi was ordered to appear in court July 9. If convicted, the 29-year-old player could face a penalty ranging from jail time to a guilty decision with no criminal record.

Pat Morris, Bertuzzi’s agent, refused to discuss his client’s reaction to the decision. “You hoped the process would have led to an opposite decision,” Morris said.

Moore was hospitalized after the March 8 attack with three fractured vertebrae, facial cuts, post-concussion symptoms and amnesia. Nerves in the neck area were stretched.

Moore last met with the media March 29. It was not known then when, or if, the Colorado Avalanche center would play again. There have been no public updates since.

The NHL suspended Bertuzzi for the final 13 games of the regular season and Vancouver’s seven playoff games.

The suspension cost Bertuzzi nearly $502,000 of his $6.8 million salary while the Canucks were fined $250,000. Bertuzzi was left off Canada’s roster for this fall’s World Cup.

The decision comes on the eve of the NHL’s entry draft this weekend in Raleigh, N.C., a showcase event for the league.

Bill Daly, the NHL’s chief legal officer, on Thursday called the league’s punishment “stern and swift” and hoped such “appropriate” action would have kept the case from the courts.

“We did what we believe was right, for the players involved and the sport as a whole,” he said.

Canucks general manager Dave Nonis said the team will “continue to support Todd and his family throughout this process,” but had no further comment.

Avalanche president and general manager Pierre Lacroix said his team will cooperate with authorities if asked. “Our main concern remains for him to fully recover,” he said.

NHL commissioner Gary Bettman plans a hearing with Bertuzzi. Last month, Bettman gave no indication when that might happen or if the indefinite suspension will be lifted.

In 2000, Marty McSorley was charged with hitting Vancouver’s Donald Brashear with his stick. McSorley was convicted of assault with a weapon but received an 18-month conditional discharge, meaning no jail time and no criminal record after probation. The NHL suspended him for a year, ending his 17-year career.

Bertuzzi could get up to 1½ years in jail if tried in provincial court and up to 10 years if the case is heard in British Columbia Supreme Court. The government will choose the court.

The punch was witnessed by more than 18,000 people at the arena and has been shown repeatedly in TV clips across North America and Europe. Bertuzzi’s only public comment was a tearful apology two nights after the game.

“I had no intention of hurting you,” he said then. “I feel awful for what transpired. ... I don’t play the game that way. I’m not a mean-spirited person. I’m sorry for what happened.”

With the Avalanche ahead 8-2, Betuzzi (6-foot-3, 235 pounds) grabbed Moore (6-2, 205) from behind during the third period. He punched him on the side of his head and then landed on top of Moore, driving his head into the ice. The bloodied Colorado player was removed on a stretcher.

The attack was seen as retaliation for a hit Moore put on Vancouver star Markus Naslund that left the Canuck captain with a concussion and sidelined him for three games.

This case recalls other instances of on-ice violence in the NHL.

In 1988, Minnesota’s Dino Ciccarelli was convicted of assault for hitting Toronto’s Luke Richardson on the head with his stick. Ciccarelli was sentenced to one day in jail and fined.

In 1969, Wayne Maki of St. Louis and Ted Green of Boston became the first NHL players sent to court after a stick-swinging duel in a preseason game. Both were acquitted of assault charges.

Bertuzzi, one of the league’s top forwards, had 17 goals and 43 assists in 69 games this season. Moore had five goals, seven assists in 57 games.
http://www.msnbc.msn.com/id/5288046/
 
If the physical contact was intentional to do harm to another person, yes they should be charged with assault and battery, if it was accidental then no. My advice to players who don't like getting accidentally injured: don't play.
 
Intent over-rides most of this. If Bertuzzi went after Moore with the intent to do grievous bodily harm (sucker-punch), then, yes, charges are in order.
 
I don't think we can call a sucker-punch like that "within the confines of the game." It's awfully hard to "accidentally" grab someone from behind and put your clenched fist in someone's face during the course of a game. An elbow while going for the puck? Sure, shit happens. But what this guy did was pretty intentional. I think he's just sorry that there were consequences for his actions.
 
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