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Murder trial in New Braunfels, Texas -- Bully died in fight

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eric76
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09 Apr 2015, 1:55 pm

There's a murder trial going on in New Braunfels, Texas where one kid hit another twice in school and the one who was hit died. Apparently, the one who died had been bullying the one who hit him for years.

From http://www.examiner.com/article/new-braunfels-student-dies-after-fist-fight-new-braunfels-bully-gets-arrested:

Quote:
14 jurors began hearing testimony Tuesday. They heard from a chemistry teacher and several classmates of Davidson. Most of them recalled the events in class that took place right before the altercation that police said resulted in Davidson's death.

One witness spoke about the tossing of spitballs and erasers in chemistry class, which she believed precipitated the incident. She also spoke about how she saw the defendant hit Davidson hard, twice, in the hallway before he went unconscious.

The teen is charged with murder, but the defendant's attorney said the teen never intended to kill Davidson.


I found one story that claimed that Davidson was the one being bullied, but the comments at the end of the story from those who knew both of them said the story had the facts backwards.



AnonymousAnonymous
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09 Apr 2015, 3:29 pm

It doesn't surprise me that is from Texas, a state known for victim-blaming.


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eric76
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09 Apr 2015, 3:45 pm

AnonymousAnonymous wrote:
It doesn't surprise me that is from Texas, a state known for victim-blaming.


That's a load of BS.

If you truly believe that, then please don't ever come here -- you won't be missed at all.



will@rd
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09 Apr 2015, 4:06 pm

eric76 wrote:
AnonymousAnonymous wrote:
It doesn't surprise me that is from Texas, a state known for victim-blaming.


That's a load of BS.

If you truly believe that, then please don't ever come here -- you won't be missed at all.


I have to agree with eric76, I have lived in Texas twice for several years at a time and its a great place with wonderful people.

Don't be the victim of Mainstream Media "selective reporting" brainwashing. All major news outlets in the US have a decidedly left-leaning slant and they cherry-pick stories (and facts) to give you a very skewed and inaccurate impression of what's going on in the world. That includes FoxNews, which mainly regurgitates stories from Reuters and the Associated Press - their Conservative posture is just window-dressing.

The entertainment industry is the same way. Learn to read between the lines and look for the lies and the wording that gives you impressions that are not objective. Modern journalists can't spell or construct a proper sentence worth a damn, but they know how to choose adjectives to pluck your emotional strings, so you perceive things the way they want you to see them.


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09 Apr 2015, 6:52 pm

AnonymousAnonymous wrote:
It doesn't surprise me that is from Texas, a state known for victim-blaming.
So then, why are you blaming Texas?



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09 Apr 2015, 6:54 pm

Either way it is very unfortunate that someone is dead. I still feel for the kid that got bullied, it is sad that this seemed the only way to get it to stop. I can understand what it is like though, there are just some kinds of bully that no amount of talking to will help in any way.



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10 Apr 2015, 12:09 pm

AnonymousAnonymous wrote:
It doesn't surprise me that is from Texas, a state known for victim-blaming.


WHAT?!?! Where, on EARTH, did you get THAT idea? When they say "Everything's bigger in Texas", they mean Texas people's HEARTS, too!!







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VincentHuxley
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10 Apr 2015, 12:18 pm

Unless the guy was trained in the art of killing with one punch (apparently the first punch severed an artery), and assuming no other evidence comes to light, I think it would be impossible to prove intent of murder. I mean, you don't expect a guy to die just because you punch them a couple times, do you?



eric76
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10 Apr 2015, 12:30 pm

VincentHuxley wrote:
Unless the guy was trained in the art of killing with one punch (apparently the first punch severed an artery), and assuming no other evidence comes to light, I think it would be impossible to prove intent of murder. I mean, you don't expect a guy to die just because you punch them a couple times, do you?


That's what I thought until a lawyer pointed out that legally it means something a bit different.

Legally, intent formed when he closed his fists and struck out at the other guy. In other words, he struck him on purpose, not by accident.

If he had just been standing there flailing his arms around in the air not directed at anyone and the fist accidentally hit the other kid, then there would have been no intent.



eric76
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10 Apr 2015, 12:35 pm

Campin_Cat wrote:
AnonymousAnonymous wrote:
It doesn't surprise me that is from Texas, a state known for victim-blaming.


WHAT?!?! Where, on EARTH, did you get THAT idea? When they say "Everything's bigger in Texas", they mean Texas people's HEARTS, too!!


I've always had problems with the "Everything's bigger in Texas".

I can think of some things that aren't bigger in Texas. The movie industry isn't bigger in Texas than elsewhere. Neither is our consumption of whale meat. And we definitely don't have bigger bears. Or komodo dragons. Nor candiru (although a sufficiently large candiru wouldn't get the same attention as the ones they have in South America). And don't even bother looking for bigger active volcanoes in Texas.

Maybe it should be "Everything's bigger in Texas that really matters".



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10 Apr 2015, 12:41 pm

Yeah, VincentHuxley, I agree! I was trying to figure-out how somebody could die just by getting punched a couple of times----I was thinking his head must've hit the floor, but it WAS something to do with an artery!

Eric, I'm adding another link, because the one you posted is from 2013, and doesn't say much. This one tells more about what led-up to the incident, how the guy who died was the bully, and why he died, just from getting punched.

http://herald-zeitung.com/community_alert/article_f83e9a78-df18-11e4-82d9-938f0d0ea379.html

@Eric: Maybe it should be "Everything's bigger in Texas that really matters".

But, of COURSE!! (wink)




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10 Apr 2015, 12:46 pm

eric76 wrote:
VincentHuxley wrote:
Unless the guy was trained in the art of killing with one punch (apparently the first punch severed an artery), and assuming no other evidence comes to light, I think it would be impossible to prove intent of murder. I mean, you don't expect a guy to die just because you punch them a couple times, do you?


That's what I thought until a lawyer pointed out that legally it means something a bit different.

Legally, intent formed when he closed his fists and struck out at the other guy. In other words, he struck him on purpose, not by accident.

If he had just been standing there flailing his arms around in the air not directed at anyone and the fist accidentally hit the other kid, then there would have been no intent.


Yes, the assault was with intent and he is legally liable for that. But saying it is intent to murder would be a gross miscarriage of justice. Unless you want to say anyone who has ever punched another human being is an attempted murderer.

And once again, people punch each other all the time; yes it's wrong, but wanting to punish this boy just because of the unaccountable consequence of his assault would be an arbitrary application of justice with the only purpose being to satisfy those barbaric desires for revenge and the public's thirst for blood (trials like this are the modern equivalent of the Colosseum)



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10 Apr 2015, 12:57 pm

About Thursday's trial testimony from http://herald-zeitung.com/community_alert/article_f83e9a78-df18-11e4-82d9-938f0d0ea379.html:

Quote:
Darian Elliott, a 16-year-old Canyon 11th-grader, said Logan Davidson was involved in throwing things around their first-period chemistry class and he hit her twice minutes before a classmate punched Davidson, which allegedly led to his death. Elliott said whatever hit her was hard and the second time it hurt "a little bit."

...

Prosecutors have characterized the incident as an unwarranted sneak attack on a defenseless victim. New Braunfels defense attorney Joseph E. Garcia III has tried to show that his client was provoked.

Garcia offered information pointing to the possibility that Davidson ignored requests to stop annoying his client, that Davidson previously exhibited aggressive behavior and had a history of such.

Darian Elliott's mother Joyce Elliott said Davidson and her daughter had been schoolmates from the very beginning. Davidson tortured her child almost continuously from kindergarten through high school, Joyce Elliott said.

"It was a daily occurrence," she said. "It wasn't just once a month. It was daily."

...

"He was abusive, verbally, all throughout elementary school," she said. "It was not a positive experience. My opinion of him is he was mean, and he was a bully, and that's what he did to my daughter."

At first, her parents told Darian Elliott to ignore the boy and they tried to get help from the school district, Joyce Elliott said. Eventually she said those proved to be the wrong choices.

Comal ISD officials never stopped the behavior, and Davidson targeted her daughter more when she ignored him, Joyce Elliott said. She said after the boy's death, Darian Elliott was afraid to say anything in public speaking ill of him, even fearful of talking to police about the years of torment.



eric76
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10 Apr 2015, 12:58 pm

VincentHuxley wrote:
eric76 wrote:
VincentHuxley wrote:
Unless the guy was trained in the art of killing with one punch (apparently the first punch severed an artery), and assuming no other evidence comes to light, I think it would be impossible to prove intent of murder. I mean, you don't expect a guy to die just because you punch them a couple times, do you?


That's what I thought until a lawyer pointed out that legally it means something a bit different.

Legally, intent formed when he closed his fists and struck out at the other guy. In other words, he struck him on purpose, not by accident.

If he had just been standing there flailing his arms around in the air not directed at anyone and the fist accidentally hit the other kid, then there would have been no intent.


Yes, the assault was with intent and he is legally liable for that. But saying it is intent to murder would be a gross miscarriage of justice. Unless you want to say anyone who has ever punched another human being is an attempted murderer.

And once again, people punch each other all the time; yes it's wrong, but wanting to punish this boy just because of the unaccountable consequence of his assault would be an arbitrary application of justice with the only purpose being to satisfy those barbaric desires for revenge and the public's thirst for blood (trials like this are the modern equivalent of the Colosseum)


If I was on the jury, I would almost surely vote "NOT GUILTY".



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10 Apr 2015, 2:03 pm

VincentHuxley wrote:
Yes, the assault was with intent and he is legally liable for that. But saying it is intent to murder would be a gross miscarriage of justice. Unless you want to say anyone who has ever punched another human being is an attempted murderer.



EXACTLY!

eric76 wrote:
If I was on the jury, I would almost surely vote "NOT GUILTY".


Me, TOO!!



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10 Apr 2015, 2:18 pm

OK, I'm sorry if you took offense at my previous post in this thread, that was not my intention. What I was trying to talk about was the culture of Texas, not the people.

My grandma, who lives in Texas, called yesterday {shortly after I posted my previous post} and she says that even though the majority of Texans are good, hard-working people, she says there are various areas of Texas that Aspies should never go to at all costs.


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