November 5, 201015 yr Notre Dame and Kelly certainly are negligent and will pay out significant dollars to the young mans family...........
November 5, 201015 yr What's the criminal offense? Criminal Negligence I would think. If he forced him to go up there, then I think you'd be looking at Criminally Negligent Manslaughter.
November 5, 201015 yr So you know for a fact that Kelley didn't tell that kid to get up there or else? Or something along that line? Or else what? As head coach, he's responsible for the safety and well being of those charged to him. If this kid would have simply fallen off one of the lifts, that's an accident. The fact that he allowed him go up there in dangerous conditions, when the equipment clearly stated that they were not to be used in such conditions, makes him responsible. He should without a doubt be fired, and they would have a pretty good case against him in a criminal case IMO. If you were in his place would you have gone up there? What criminal case could he bring? This guy was 20 years old. If he was dumb enough to go up there in those conditions it's no one's fault but his. I don't disagree that Kelly should be fired but this guy could have said no.
November 5, 201015 yr Criminal Negligence I would think. If he forced him to go up there, then I think you'd be looking at Criminally Negligent Manslaughter. I didn't realize Kelly held a gun on him.
November 5, 201015 yr Or else what? If you were in his place would you have gone up there? What criminal case could he bring? This guy was 20 years old. If he was dumb enough to go up there in those conditions it's no one's fault but his. I don't disagree that Kelly should be fired but this guy could have said no. You don't know many 20 year olds then.
November 5, 201015 yr I didn't realize Kelly held a gun on him. Come on WR, a 20 year old kid who is a part of Notre Dame football and part of practice every day. Kelly who is driven to win at about any cost and surely on edge with how things are going. And you expect the 20 year old to go up to ND's head coach and say I am not going to go up and film today? Think about it.
November 5, 201015 yr Come on WR, a 20 year old kid who is a part of Notre Dame football and part of practice every day. Kelly who is driven to win at about any cost and surely on edge with how things are going. And you expect the 20 year old to go up to ND's head coach and say I am not going to go up and film today? Think about it. 20 years old is not a kid as much as people want them to be.
November 5, 201015 yr I didn't realize Kelly held a gun on him. All it takes is him feeling pressured to go up there and you've got a crime by BK.
November 5, 201015 yr 20 years old is not a kid as much as people want them to be. Whether you think it is a potential crime or not, you obviously haven't taken any law or business law courses. There is a HUGE possibility a criminal prosecution could come of this. It is a given a civil trial will come of it.
November 5, 201015 yr I don't like BK but there comes a time when you use your own common sense and this was it. If BK told him to go out on the freeway and stand there would he have done it? He didn't have to stay up or go up if he didn't want to do it. Tell BK to shove it if he didn't like it.
November 5, 201015 yr Whether you think it is a potential crime or not, you obviously haven't taken any law or business law courses. There is a HUGE possibility a criminal prosecution could come of this. It is a given a civil trial will come of it. Let me clarify. Whether or not they can bring criminal charges I can't say. Whether or not they should is what I am arguing. IMO, what happened here is not criminal and Kelly shouldn't be criminally liable.
November 5, 201015 yr Author Criminally negligent manslaughter Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. http://en.wikipedia.org/wiki/Manslaughter
November 5, 201015 yr Criminally negligent manslaughter Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. http://en.wikipedia.org/wiki/Manslaughter By that it definitely sounds like he could face criminal charges.
November 5, 201015 yr Notre Dame President John Jenkins sent a letter to all students , staff, and alumni saying "I am confident Coach Kelly has a bright future leading our football program...looks like he is staying around http://sports.espn.go.com/ncf/news/story?id=5768852
November 5, 201015 yr I wouldn't go nearly that far. I don't like Kelly at all but he didn't chain the kid up there. Actually, they are, almost always, securely fastened in with some sort of clasp, rope, etc...
Archived
This topic is now archived and is closed to further replies.