Home

Is it Murder??

It is my opinion crimes were committed involving distasteful felonies that should be investigated further.  The Sarasota Police Department used selective enforcement when no other criminal case like this has been brought within the United States.  This is an important national issue as to how our society views competitive sports.

In the sport of boxing, a boxer, while in the act of participating in a bout, consents to the use of force against them.  The consent does not include abuse of the rules of boxing by another participant.  Injuries sustained as the result of ‘deliberate fouls’ could provide and support criminal charges.

It is my opinion, the Toughman organization is guilty of the crime of murder.  The evidence shows Stacy Young withdrew her consent, nor could she legally give consent under when fraudulent conditions existed, and it is murder by deliberate action, by inaction, by contractual relationship, by omission of duty, care, status relationship and/or construction, all with malice aforethought. 

It should be understood by all those participating in contact sports that, in the eyes of the law, there is no automatic protection given to a sporting participant who deliberately and with premeditation or without any lawful excuse (defense), who commits a crime while participating in the sport can be charged with the crime. 
 

The following criminal charge should be brought:  Murder

The distinction of first or second-degree murder is not made here.  In addition to Murder, Manslaughter charges are supported by the aggregate of the evidence.

Evidence:

-        Video Tape evidence supports malice aforethought, a deliberate action, inaction on the part of the boxer, referee, and no response from the owner, as Stacy Young was overwhelmed.

-        Prior Knowledge of the conditions under which deaths have occurred

-        Evidence exists to support malice aforethought, and murder by omission and/or construction

-        Planning, Motive, and Preconception also exists

-        Fraud exists as advertised doctor was not provided

Questions of Evidence:

-        Did Sarah Kobie kill Stacy Young?  Yes

-        Was the death an excusable homicide? No.

Misfortune is a requirement for excusable homicide, which is an involuntary event or series of events.  Stacy Young’s death is a result of a voluntary act that contains no misfortune; therefore excusable homicide, Florida statute 782.03 cannot apply.

-        Did the death occur during a ‘sporting event’? Toughman although the owners agree that it is not its own sporting event, that it is amateur boxing.  Therefore the common rules of the ‘sporting event’ need to be applied throughout the event.  If Toughman is not a sport or if the event is an illegal or misclassified event then the common lawful excuse cannot be granted.  From the Toughman website

-        Did the referee or any other person enforce the rules common to the ‘sporting event’? No.  No rules were applied throughout the event whether it was Toughman published rules or any form of common boxing rules.

-        What rules are common to the ‘sporting event’?  Those associated rules are at least Amateur Boxing rules if not Professional Boxing rules.  Florida has Administrative Code for the Florida Boxing Commission to follow for professional bouts.  Common rules for amateur boxing are take from the rules provide by national and historic organization such as USA Boxing, Golden Gloves or Olympic Boxing rules.  They are applied and enforced by the referee as an extension of our judicial and court system.

-        Would the fact that a death occurs during a ‘sporting event’ negate the charges? No, not in the presence of deliberation and premeditation or without any lawful excuse.  Criminal charges can be applied under either condition regarding each defendant in Stacy Young’s case.

-        Is there a lawful excuse (defense) available? No.  No ‘lawful excuse’ can be granted.  The reasons are: no rules were applied (enforced), what was applied was not common to the sport, the fact the referee did not fulfill his duty of care, the conduct of the athlete did contain gross deviation from the standards of the common and published rules.

-        Was the event legal according to statute? No.  Stacy Young participated in an unregulated professional bout as defined by Florida statute 548.002. 

Criminal Intent:

To further state, to be convicted of the crime of murder criminal intent is required.  Criminal intent includes both the psychological (mens rea) and material elements (actus reus) that are connected to prove intent.

Ok so let me walk this through.

1) By definition, mens rea is the concept which focuses on the mental state of the accused and requires proof of a positive state of mind such as intent, recklessness, or willful blindness.  I have already provided proof as to how they have intent and recklessness. Here is just one statement of willful blindness (deliberate ignorance).  Where willful blindness means a culpable state of mind in which an individual seeks to avoid gaining positive knowledge of a crime in an effort to avoid responsibility.

I this case of mens rea (‘guilty mind’) would be the fact that Toughman, voluntarily choose to not provide a doctor, voluntarily chose to state that a doctor was present to the participants, voluntarily created a fraudulent condition by advertising on the Toughman website that a doctor will be present, and by stating to the audience, verified by police statements, when he called for the ‘doctor’ to evaluate a cut during an earlier fight, all this demonstrates the intentions of their action to fraudulently mislead, misdirect, to obfuscate the actual conditions of the event, that is predictable in its direct nature that leads directly to the death of Stacy Young.

This statement of willful blindness is only one of a few mens rea one can give for this case.  Another can be directed at the referee for not choosing to support and apply the common rule for the sport.  Another could be fact Toughman intentionally did not act when another boxer was critically injured earlier in the evening, a direct omission. These statements of action can now be used as qualification for actus reus (the actions/inactions).

2) The actus reus is the action or inaction, in the case of criminal negligence which are sometimes called acts of omission, in this case is supported by the videotape evidence.  By their intentional acts or construction, any reasonable person with the extent and experience, should have known or anticipated that death would be likely to result when a doctor was not provided, when the rules were not enforced, and after at least one other severe injuries that required hospitalization had already occurred.   

Findings:

Florida stated to me that because there was no enmity (hatred) involved that it can not be murder.  But later in their comments they state that they felt there was retaliation. 

Retaliation synonym is to requite.  Requite mean to take retaliation for; synonym is Avenge.  Avenge mean to take vengeance.  Vengeance mean punishment inflicted with great force or vehemence.  Vehemence mean bitterly antagonistic.  Antagonistic synonym is enmity. 

By using definition:   Retaliation is to inflict punishment with bitter enmity.

Question, since when is enmity a requirement for murder?  According the the statutes of Florida, enmity is not a requirement.  Look it up 

So I can only conclude Florida just didn't want to prosecute because they just were not up to the challenge.  It was cheaper to not do anything, anyway people don't care about boxing....

If you find or hear about problems or issues with any combative sport email me at admin@combativesports.org.  Hell even if you want to sound off.....