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re: Huge Fight at Fred's...UPDATE: Arrest made
Posted on 4/4/24 at 12:18 pm to Volvagia
Posted on 4/4/24 at 12:18 pm to Volvagia
quote:Because this
Actually, you just need to convince the jury he committed any action that contributed to an individuals death in the absence of intent to cause severe bodily harm. I dunno where you are pulling “aggressor” from as if it is some legal term relevant to LA’s definition of manslaughter.
quote:
The most common defenses for manslaughter in Louisiana assert that the homicide was justifiable and therefore not a crime. Louisiana law dictates that a person could be justified in killing another in several circumstances, including: An act of self-defense against great bodily harm Preventing a person from committing a violent felony against you or others
What you posted would mean anytime someone killed another they are guilty of a murder or manslaughter. That simply ain’t true even if they actually intended to kill
This post was edited on 4/4/24 at 12:20 pm
1
Posted on 4/4/24 at 12:24 pm to AndyJ
quote:
A bunch of my FB friends know the victim and are seeking justice. But the more I see of this story, the poor deceased guy was drunk and at least 50% responsible.
the entire situation is incredibly sad and trashy. I feel terrible for the kids
that said, at 26 you need to be able to avoid bar fights.
Posted on 4/4/24 at 12:28 pm to lsupride87
That doesn’t translate to your comment however.
Trying to claim that as long as the other party is the “aggressor” you have an automatic self defense claim to homicide is logic like the South Park hunters “ITS COMING RIGHT FOR US!”
No. A law doesn’t define guilt. A jury does.
What I posted means that yes: Whenever someone kills another they must definitely can be charged with manslaughter. Accidents get hit with manslaughter all the time.
It doesn’t mean they can be charged with murder though, which is an entirely different bucket.
Not saying this is a slam dunk obvious case but what you said is 100% wrong. They could potentially get the self defense win. But depending on evidence provided on the level of his reaction they may or may not get it.
Merely defining the accused as the aggressor or not is pretty much irrelevant to that end outside of making it impossible to even claim self defense in the first place.
Trying to claim that as long as the other party is the “aggressor” you have an automatic self defense claim to homicide is logic like the South Park hunters “ITS COMING RIGHT FOR US!”
quote:
What you posted would mean anytime someone killed another they are guilty of a murder or manslaughter.
No. A law doesn’t define guilt. A jury does.
What I posted means that yes: Whenever someone kills another they must definitely can be charged with manslaughter. Accidents get hit with manslaughter all the time.
It doesn’t mean they can be charged with murder though, which is an entirely different bucket.
Not saying this is a slam dunk obvious case but what you said is 100% wrong. They could potentially get the self defense win. But depending on evidence provided on the level of his reaction they may or may not get it.
Merely defining the accused as the aggressor or not is pretty much irrelevant to that end outside of making it impossible to even claim self defense in the first place.
This post was edited on 4/4/24 at 12:29 pm
Posted on 4/4/24 at 12:30 pm to Volvagia
You are trying to crawfish a little now. I have accepted and I think almost all here have accepted the accused action of pushing repath on the concrete resulted in his death
That has not and is not an argument anyone is trying to make contradicting that.
So, at this point, it’s establishing was the accused responding to a threat Repath presented or did the accused escalate the situation beyond that
That has not and is not an argument anyone is trying to make contradicting that.
So, at this point, it’s establishing was the accused responding to a threat Repath presented or did the accused escalate the situation beyond that
This post was edited on 4/4/24 at 12:31 pm
Posted on 4/4/24 at 12:31 pm to lsupride87
quote:
During their investigation, officers were able to retrieve surveillance video from Fred’s bar. The camera inside the outdoor tent area of Fred’s bar showed a group of guys talking to two other guys. Arresting documents say, “During the conversation, Devin Repath walks behind several of his friends and punches (redacted name) in the head. That person then falls to the ground. The groups are separated.” A little while later, three guys are seen walking around with Matthew Marsiglia, the suspect arrested in connection to Repath’s death. Arresting documents continue to say, “Repath is then seen backing out of the bar while exchanging words with (Redacted name) and Marsiglia. Repath backs up into the parking lot and about halfway into the parking lot, Repath stops and attempts to hit Marsiglia. Marsiglia ducks and is not hit. Repath then backs up several steps and Marsiglia then takes both hands and shoves Repath by the shoulders causing Repath to fall and strike his head on the parking lot pavement.” That’s when Repath’s friends tried to help him and flagged down the officer working extra duty. It’s unclear at this time if any other arrests are pending. BRPD continues its investigation into the incident.
FAFO.
Posted on 4/4/24 at 12:36 pm to lsupride87
quote:
You are trying to crawfish a little now.
How?
All I said in my first reply was that “aggressor” doesnt mean anything in a manslaughter charge, and saying that the prosecution needs to prove he was the aggressor is 100% wrong.
You reply meationing self defense clauses, and all I said is that it’s not an automatic claim, I.e what’s needed to make your first post I replied to true. The prosecution can most definitely squash a self defense claim without having to prove to a jury that the accused was the aggressor
I didn’t walk back anything.
Posted on 4/4/24 at 12:36 pm to Roy Curado
No way this kid should have ever been arrested.
Repath sucker punches someone in the back of the head to start everything
Repath then continues verbal words. Repath again the swings first before being pushed.
Unreal
quote:
During the conversation, Devin Repath walks behind several of his friends and punches (redacted name) in the head. That person then falls to the ground. The groups are separated.” A little while later, three guys are seen walking around with Matthew Marsiglia, the suspect arrested in connection to Repath’s death. Arresting documents continue to say, “Repath is then seen backing out of the bar while exchanging words with (Redacted name) and Marsiglia. Repath backs up into the parking lot and about halfway into the parking lot, Repath stops and attempts to hit Marsiglia. Marsiglia ducks and is not hit. Repath then backs up several steps and Marsiglia then takes both hands and shoves Repath by the shoulders causing Repath to fall and strike his head on the parking lot pavement
Repath sucker punches someone in the back of the head to start everything
Repath then continues verbal words. Repath again the swings first before being pushed.
Unreal
This post was edited on 4/4/24 at 12:38 pm
Posted on 4/4/24 at 12:37 pm to Obtuse1
Just a cursory review, manslaughter charges by the prosecution seem like very difficult pull here.
This is more like bad shite happened while drunk situation.
This is more like bad shite happened while drunk situation.
Posted on 4/4/24 at 12:37 pm to Roy Curado
"During their investigation, officers were able to retrieve surveillance video from Fred’s bar. The camera inside the outdoor tent area of Fred’s bar showed a group of guys talking to two other guys. Arresting documents say, “During the conversation, Devin Repath walks behind several of his friends and punches (redacted name) in the head. That person then falls to the ground. The groups are separated.” A little while later, three guys are seen walking around with Matthew Marsiglia, the suspect arrested in connection to Repath’s death. Arresting documents continue to say, “Repath is then seen backing out of the bar while exchanging words with (Redacted name) and Marsiglia. Repath backs up into the parking lot and about halfway into the parking lot, Repath stops and attempts to hit Marsiglia. Marsiglia ducks and is not hit. Repath then backs up several steps and Marsiglia then takes both hands and shoves Repath by the shoulders causing Repath to fall and strike his head on the parking lot pavement.” That’s when Repath’s friends tried to help him and flagged down the officer working extra duty. It’s unclear at this time if any other arrests are pending. BRPD continues its investigation into the incident."
If this is accurate, I'm not sure why they arrested the kid. Tragic as it is it sounds like Repath was instigating the fight and all Screech did was push his arse down. Guy was probably too drunk to control his fall and cracked his head. I see no crime here.
If this is accurate, I'm not sure why they arrested the kid. Tragic as it is it sounds like Repath was instigating the fight and all Screech did was push his arse down. Guy was probably too drunk to control his fall and cracked his head. I see no crime here.
Posted on 4/4/24 at 12:39 pm to WonPercent
quote:An arrest should not have been made. I’m guessing the DA is hoping a grand jury just throws it out without going to trial
If this is accurate, I'm not sure why they arrested the kid. Tragic as it is it sounds like Repath was instigating the fight and all Screech did was push his arse down. Guy was probably too drunk to control his fall and cracked his head. I see no crime here.
Posted on 4/4/24 at 12:40 pm to lsupride87
An arrest had to be made for optics.
Posted on 4/4/24 at 12:42 pm to lsupride87
quote:
Repath backs up into the parking lot and about halfway into the parking lot, Repath stops and attempts to hit Marsiglia. Marsiglia ducks and is not hit. Repath then backs up several steps and Marsiglia then takes both hands and shoves Repath by the shoulders causing Repath to fall and strike his head on the parking lot pavement
I need the East Baton Rouge Parish definition of manslaughter explained to me. Just off the top of my head I don't believe the legal standard has been met. But I guess that's why the DA takes it to court...to find out.
Posted on 4/4/24 at 12:42 pm to chryso
quote:Which is a shame.
An arrest had to be made for optics.
You punch someone in the back of the head. You then again swing at someone first. Sorry, getting pushed back is a reasonable lawful response.
I feel sorry for the deceased family and friends, but this shouldn’t go to trial
Posted on 4/4/24 at 12:43 pm to chryso
quote:
An arrest had to be made for optics.
Yeah, this makes sense. There is a lot of pressure on the DA to do something.
Posted on 4/4/24 at 12:44 pm to GumboPot
Now that the story is out arresting the actual lsu student here is a bad look for the DA in my opinion
Posted on 4/4/24 at 12:46 pm to Roy Curado
quote:#MarchforMarsiglia
During their investigation, officers were able to retrieve surveillance video from Fred’s bar. The camera inside the outdoor tent area of Fred’s bar showed a group of guys talking to two other guys. Arresting documents say, “During the conversation, Devin Repath walks behind several of his friends and punches (redacted name) in the head. That person then falls to the ground. The groups are separated.” A little while later, three guys are seen walking around with Matthew Marsiglia, the suspect arrested in connection to Repath’s death. Arresting documents continue to say, “Repath is then seen backing out of the bar while exchanging words with (Redacted name) and Marsiglia. Repath backs up into the parking lot and about halfway into the parking lot, Repath stops and attempts to hit Marsiglia. Marsiglia ducks and is not hit. Repath then backs up several steps and Marsiglia then takes both hands and shoves Repath by the shoulders causing Repath to fall and strike his head on the parking lot pavement.” That’s when Repath’s friends tried to help him and flagged down the officer working extra duty. It’s unclear at this time if any other arrests are pending. BRPD continues its investigation into the incident.
Posted on 4/4/24 at 12:47 pm to Roy Curado
frickin Gingers. Soul-less I tell ya!
Posted on 4/4/24 at 12:47 pm to GreatLakesTiger24
quote:The tide of the story just got flipped completely. I thought there would be a little more grey here. This seems black and white and ylu could almost get a unanimous innocent verdict (yes I know that’s not how it works)
#MarchforMarsiglia
This post was edited on 4/4/24 at 12:49 pm
Posted on 4/4/24 at 12:48 pm to lsupride87
quote:
Now that the story is out arresting the actual lsu student here is a bad look for the DA in my opinion
Meh. To Arrest him and release on a $50k bond is fair and is the look you should have when something like this happens. If it all gets dropped, it'll be fine. Kid won't even miss Finals.
This post was edited on 4/4/24 at 12:49 pm
Posted on 4/4/24 at 12:48 pm to GreatLakesTiger24
is that dj marsig that used to post here?
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