Deceased Ranger, Derek Boogaard's Brother Arrested for Narcotics Possession

Posted on July 28, 2011 by Matthew Stockwell

Aaron Boogaard, brother of deceased New York Rangers defenseman Derek Boogaard, was arrested for possession of narcotics earlier this week. Derek Boogaard died in his Minnesota apartment in May due to a mix of alcohol and drugs, and prosecutors claim Aaron gave him a narcotic painkiller the day before. Boogaard has since been charged with felony sale of a controlled dangerous substance and misdemeanor interference with the scene of a death.

Although knowing that he may have given his brother the drug that ultimately killed him must be devastating, nobody but Aaron really knows the actual circumstances. It has been reported that Derek had an addiction, and Aaron was administering the intake.  However, Aaron has not been charged in connection with the death, and is not expected to face any jail time. Although prosecutors considered charging Aaron with manslaughter, it would have been an extremely tough case. Derek had many substances in his system, all of which could have killed him - not necessarily the narcotic provided by Aaron. Additionally, a conviction of involuntary manslaughter requires reckless behavior or gross negligence amounting to depraved indifference of human life, and that would be difficult to prove under these circumstances. 

Tags: , , ,

Former Ranger Matthew Barnaby Arrested

Posted on May 14, 2011 by Matthew Stockwell

Former New York Ranger and current ESPN hockey analyst Matthew Barnaby was arrested on Friday night, following an incident at a home that is being described as domestic related and involving two victims.  Police found extensive property damage, and charged Barnaby with criminal mischief, criminal trespass, harassment, criminal contempt and aggravated harassment. He was to be arraigned Saturday morning. 
 
Police have refused to discuss the matter further, and although no additional details are currently available, we should learn more about what occurred in the next few days.

Tags: , ,

Bruins', Chara Hit Leads to Investigation by Montreal Police

Posted on March 11, 2011 by Matthew Stockwell

 

 
Montreal police have apparently received voluminous calls concerning the Zdeno Chara hit on Montreal player Max Pacioretty, demanding that the police issue charges. This incident has transcended hockey, with both public and political figures demanding action. Even Air Canada has threatened to withdraw its NHL sponsorship if the NHL does not take action against hits causing head injuries.  Montreal police have just announced they will immediately commence an investigation into the incident as to whether criminal charges should be filed against Chara.
 
This is surprising, because it will be extremely difficult to prove that Chara intended to injure Pacioretty. The footage of the hit is not enough evidence (aside from the fact that Pacioretty’s head struck the partition, it seems no different than a typical hockey hit), and Chara obviously denied that the hit was intentional. The police will speak with Bruins players and coaches to determine if anyone has any knowledge as to whether Chara intended to hit Pacioretty as retribution (please link retribution to my last post), although intent to hit a player as retribution is different from intending to seriously injure.

Most likely, the police have announced the investigation to appease the numerous fans and hockey-crazy citizens of Quebec. Expect the police to later announce that they have completed the investigation, and will not pursue criminal charges against Chara due to lack of evidence.

 

 

 

 

Tags: , , , ,

Post 2: Channelsurfing.net Lawsuit May Go Beyond Brian McCarthy

Posted on March 10, 2011 by Antonio Irizarry

 

Earlier this week, we covered a story on channelsurfing.net's founder Brian McCarthy being arrested for streaming sporting events including WWE, UFC, NFL, and NBA events.  Originally, it was thought that McCarthy would be convicted of "copyright infringement" and "theft of intellectual property", but after reviewing the complaint, it appears that the main allegations are McCarthy's "linking" to websites containing copyrighted materials.  

Demandprogress.org makes an interesting point that this would incriminate anyone who ever sent a link to a copyrighted YouTube video.  An interesting point, that could change the way people go about their daily email habits.  Is the government going to go ahead a prosecute each and every person who puts up a link to a copyrighted YouTube video?  Let's hope not.

Law is something that is supposed to change with time and adapt to changes in society.  Obviously, the Internet and new technologies are uncharted territories for certain laws, and the government needs to be sensitive to how it handles each of these instances.  It is clear that profiting from the distribution and streaming of sporting events over the Internet should be strictly monitored and controlled, but could the broad allegations and repercussions of a lawsuit stemming from this matter affect more than just those trying to profit off of these sites? 

 

 

Tags: , , , , , , , ,

Why Was Bruin's Chara Not Disciplined for Devastating Hockey Injury?

Posted on March 9, 2011 by Matthew Stockwell
 
Bruins defenseman Zdeno Chara "checked" Canadien Max Pacioretty into a glass partition on Tuesday, leaving Pacioretty with a non-displaced fractured vertebrae and a severe concussion. Pacioretty was chasing a puck along the boards when Chara, who was skating in the same direction, pushed him into the boards. Pacioretty's head struck a glass partition that separates the team benches. Pacioretty had already moved the puck forward, and Chara therefore improperly hit the Canadien. Pacioretty did not move for several minutes, and had to be carried off the ice in a stretcher.
 
Chara received a 5 minute major penalty for interference and a game misconduct (suspended for the remainder of the game). Although interference (impeding the progress of another player who is not in possession of the puck) is normally a 2 minute minor penalty, a referee may assess a major penalty based upon the "degree of violence." 
 
It is difficult to determine from the video whether Chara intended to injure Pacioretty, although Chara is not known as a dirty player. The NHL determined that there was no intent to injure, and will not discipline Chara. Some have criticized the NHL, noting that there was a history between the two players. Earlier in the year, Chara thought Pacioretty excessively celebrated a game winning goal, and threw punches at him. Chara and Pacioretty were also involved in a fight in a February game. However, fighting and bad blood is a part of hockey, and this incident appears to be more of an improper hit in an unfortunate location. Had the partition glass not been there, Pacioretty would not have suffered the injuries he did. 
 
In most states, athletes assume the risk that they will be injured in competitions, as long as the injury results from ordinary risks that are inherent in the sport. Where the injury results from unique conditions not normally associated with the sport however, participants can be held liable both in civil and criminal forums (see Todd Bertuzzi)
Tags: , , , ,

Canucks Rypien is Getting Sued

Posted on October 26, 2010 by Chris Fusco

Vancouver Canucks forward Ryan Rypien got a 6 game suspension for attacking a fan during a game. But his troubles are far from over.

The fan who was attacked, 28-year-old James Engquist, told the Minneapolis Star Tribune that he is planning taking legal action against Rypien. That's what happens to a professional athlete who does a stupid thing.

"Crossing the white line" by a player can make an athlete subject to a lawsuit. If the fan can actually prove damages, Rypein may be looking at the legal penalty box.

Tags: , , , ,