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Joshua Tupou, CU Buffs lineman, facing assault charges in University Hill brawl
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Deleted member 807
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Too much thought put into this topic.
There's enough here to press charges.
Po-po gonna po-po. Lawyers gonna lawyer.
Media gotta sell ads. if you don't wanna see it in the paper, don't do it.
There's enough here to press charges.
Po-po gonna po-po. Lawyers gonna lawyer.
Media gotta sell ads. if you don't wanna see it in the paper, don't do it.
CVBuff
Well-Known Member
Having fixed hundreds of facial fractures in guys who were in altercations where everything from fists to metal pipes were used, only a handful of facial fracture patients were actually sucker punched. The adage that it takes two to tango is almost always true. The legal question often comes down to who started it. Although I have been summoned to testify in court many times, all the cases save one have been settled without my testimony. This will also likely be settled. Facial fractures from fights are a common event and most individuals on a first offense either get off or are required to do a boat load of community service, as long as the injured party was a male and no hate crime offenses are prosecuted. This will test whether justice is blind in Boulder. Having had large sons, we have taught them again and again to walk away from 'the yappy lap dog' that taunts them. It is often a hard but necessary skill, because a well placed punch from a large man can devastate.
The second degree assault charge is a tough one. Any fracture satisfies the test of serious bodily injury. It turns a normal class one misdemeanor into a class four felony, and even more, a statutory "crime of violence" with a mandatory prison sentence of four or five years (I can't remember which off the top of my head). The DA will probably make a plea bargain offer of a lesser non-mandatory prison felony or a third degree assault misdemeanor. It takes serous guts to take your chances of a jury when you are looking at some mandatory years in the Dept. Of Corrections if you get convicted.
Why can't we just be like Nebraska where they push this stuff off until a kids eligibility runs out (3 1/2 years in Christian Peters case IIRC) then they come to a quiet settlement and be done with it. :nod:
When it comes down to it I think it is going to be very hard to find credible witnesses who can establish any kind of serious criminal intent. Tupou hasn't been a bad actor, doesn't do anyone any good to turn somebody into a felon over a typical college fight.
When it comes down to it I think it is going to be very hard to find credible witnesses who can establish any kind of serious criminal intent. Tupou hasn't been a bad actor, doesn't do anyone any good to turn somebody into a felon over a typical college fight.
*Note to self: use body shots to avoid getting into trouble
buffs04
Well-Known Member
Assuming that the player in question couldn't possibly be at fault because "sometimes people unfairly point the finger at athletes" is a ridiculous fallacy and many of the people advocating in this thread know better. Accusing others of claiming "guilty before proven innocent" as a predicate for an argument in favor of innocence is no more or less ridiculous than the argument that it intends to mock. Serious black/gold glasses ITT.
Based on plenty of past history the accuracy of initial reports and allegations if far from accurate.
Simple fact is that if this was not a football player it would get at most a brief mention in the Camera and then the process would be allowed to play out. Instead because he is a football player he gets much more mention in the press and all of the assumptions that go with it.
I don't know if he is guilty or innocent and if guilty what he is guilty of. I do know that the supposed victim has a history of this kind of stuff so it is ridiculous to give him a pass while assuming the player is guilty.
And history has clearly shown that athletes do get unfair fingers pointed at them sometimes. Doesn't mean that they are always innocent or even close but to think that unfair accusations don't happen is ignorant of the facts.
Give him at the minimum the benefit of the same due process that a non-athlete would get before assuming that he's guilty and a know provocateur is innocent.
You try too hard sometimes.
True, it's probably not a trial case because of the consequences of conviction (note: Why do write laws which basically give prosecutors the power to force a person to plead guilty?) Still, it's not a good trial case for the DA, either. I'm sure all the witnesses were drunk, and there's probably a good case to be made that the complainant played an instigating part, plus the injuries are consistent with one punch to the face. Assuming Josh has no history of criminal behavior, this should be a misdemeanor plea at the very worst.
:rolling_eyes:
pcbuff
Well-Known Member
CVBuff said:
Funny, I had this conversation with my oldest this morning. When you're bigger than everyone therr is a Napoleon in every party with something to prove. I hope this young man can come through this without having to give up his education or freedom.
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DiggerBuffs
Well-Known Member
Hmmm, sounds very similar to his dorm room incident. This kid sure needs to grow up and stop having daddy believe every word.
You would think after getting the piss beat out of you a few times would change that. Some people never learn. Allegedly, of course
I'm sure there are lots of rumors and sides of the story out there. Best to just sit it out and see how it falls.
-This isn't the first time the kid got his face beat in
-MacIntyre didn't sound very concerned in his statement. At all.
-George was the same
-It took a month for this to go public
-The dad originally tried to claim that his son got beat by a 2x4
-The dad also tried to hide behind the military when he came here
I'm not taking this too seriously given the above. Something obviously happened, but I don't think it was much. I think it's pretty believable that the kid was running his mouth, said something to one of the three there, and a small skirmish followed. Seems plausible that the kid caught a bow in the face.
One thing that you seem to be overlooking is the hostility that the Boulder DA's office has traditionally had against CU football players. They do not want to be perceived as giving preferential treatment, which usually manifests itself as meting out tough treatment.
FlatironsBuff
Well-Known Member
It's clear to me that the man maliciously attacked Tupous' fist with his face.
Is this true? Perhaps anecdotally, it would be hard to measure. The first assistant DA used to work in the Manhattan DA's office and had a good reputation there for being fair.
Even if that is true, why did it take so long for anything to come out about the incident?
It was reported over a month ago. Charges weren't filed until recently.
BlackNGold
Club Member
Just to be clear this did not take a month to go public. Link - it was reported from the beginning that FB players were involved.
There were no suspects at the scene which resulted in an investigation which included witnesses picking out the suspects from a photo lineup. These things take time.
Insisting it is not a big deal does actually mean it is not a big deal. It is because there are two separate systems that have jurisdiction over this - the Boulder DA and the campus Student code of conduct. You have to fight the battle on two fronts. Tupou was in a fight and someone was injured - from a legal standpoint he is not going to get off - it will either be felony or a misdemeanor. Best case scenario is that he will be able to plead it out as a misdemeanor but it is highly unlikely the DA will drop the charges.
The student code of conduct states
So we had better hope that mitigating factors are present. But to say it is no big deal is not realistic. Charges have been filed and processes have started. Anyone with experience in these matters will tell you these can be highly unpredictable because you never know how the key players involved will react or what agendas are driving them.
There were no suspects at the scene which resulted in an investigation which included witnesses picking out the suspects from a photo lineup. These things take time.
Insisting it is not a big deal does actually mean it is not a big deal. It is because there are two separate systems that have jurisdiction over this - the Boulder DA and the campus Student code of conduct. You have to fight the battle on two fronts. Tupou was in a fight and someone was injured - from a legal standpoint he is not going to get off - it will either be felony or a misdemeanor. Best case scenario is that he will be able to plead it out as a misdemeanor but it is highly unlikely the DA will drop the charges.
The student code of conduct states
So we had better hope that mitigating factors are present. But to say it is no big deal is not realistic. Charges have been filed and processes have started. Anyone with experience in these matters will tell you these can be highly unpredictable because you never know how the key players involved will react or what agendas are driving them.
BlackNGold
Club Member
No. But I know the process well. Just because they are putting up a good face doesn't mean you shouldn't be worried, none of the guys you mentioned have been charged so they don't have to worry. The DA has all the power in this because no defendant wants to go to trial on a felony charge that could put him in prison (at least his attorney does not). So you are stuck with negotiating with the DA (and hoping you have a decent case to negotiate with) - if the DA plays hardball you could get stuck with a deal you don't like very much. Hope for a misdemeanor charge with community service.
Have no idea on the Student code of conduct but if racial slurs were involved it may get him off the hook. Two of the CU players mentioned were under 21 - no one has mentioned under aged drinking which is something CU has been trying to crack down on.
I am just saying that being charged has set things in motion that cannot always be controlled.
BlackNGold
Club Member
I would also add that pleading guilty to a misdemeanor charge could impact your Code of Conduct hearing (you plead guilty in court so a plea of innocent at the hearing may not go far.)
This is a great point. No one has checked on the status of Tupou's fist. Allegedly