Plan B Forum

Posted: **Tue Oct 04, 2011 3:50 am**

A US woman charged with landing a party-game punch that killed a man last year went on trial Monday with attorneys for both sides agreeing that Tiffany Startz, 22, threw a punch as part of a $5 bet but disputing whether it was a crime.

John Powell, 25, had finished a set with his rap duo Krazy Killaz in the basement of a home in Crest Hill, Illinois, and was in the garage talking with friends when another partygoer, Jimmy Mounts, offered $5 to anyone who would take a punch from Startz, according to testimony at the Will County Courthouse in Joliet.

The September 25, 2010, gathering was to celebrate the birthday of a young woman who killed herself earlier that month. There was music, alcohol, even a cake.

"Everybody was having a good time," testified Kristin Lowdermilk, 19.

Powell took the bet. He stood, put his arms behind his back and leaned forward, turning his face to the right as Startz threw a punch, his friend Alison Tomczak, 21, of Frankfort testified Monday.

A mobile phone recording shows Powell stagger back several steps after being hit as some of the roughly 20 spectators smile.

Powell collected his winnings, complimented Startz on her punching ability and collapsed.

"I saw his eyes roll back in the back of his head and I threw up," Tomczak testified, her voice breaking.

Authorities said Powell died minutes later from an artery that burst in his neck.

Startz, who is charged with reckless conduct and battery, wasn't there by the time police arrived, Tomczak testified.

While Tomczak testified that Startz hit Powell with "full force," Lowdermilk gave a somewhat different account.

"To me, it didn't look like she hit him that hard," she testified.

Defence attorney Ira Goldstein said in his opening statement that because the punch was consensual and Startz is not a trained fighter, no laws were broken.

"This is a case that is being brought, not because of the act that was committed, but because of the result of that act," he said.

Startz's co-defendant Mounts, 27, faced the same felony charges as her but on Monday pleaded guilty to a misdemeanor charge of attempting to obstruct justice. He was sentenced to two years of probation and 100 hours of community service.

Powell's mother, Theresa Guy, said she had "mixed feelings" about Mounts' plea deal, but hoped it would strengthen the case against Startz.

"(My son) didn't take the bet to die; that isn't what he asked for," she said.

Read more: http://www.smh.com.au/world/she-threw-p ... z1ZmVlKLGA

Posted: **Tue Oct 04, 2011 3:54 am**

Your son agreed to get punched in the face on the assumption that a woman wouldn't be able to hit him enough to hurt him. She didn't do any more than he agreed to. He miscalculated. Shit happens.

Posted: **Tue Oct 04, 2011 4:07 am**

That's a freak result.

We struggle with one punch cases that end horribly, because it's difficult to prove that the one throwing the punch intended serious bodily injury or death. That's in cases where there was no consent from the victim to be punched.

This guy clearly consented. Assumption of risk, no?

Posted: **Tue Oct 04, 2011 4:27 am**

I have absolutely no sympathy when people decide to act like idiots and end up getting the worst of it, particularly under the influence of a lot of alcohol which undoubtedly played a key role here.

Posted: **Tue Oct 04, 2011 2:40 pm**

I feel bad that the guy died, mostly for his family. That's simply not something you expect. If they are going to charge this girl in the death, they need to charge everyone there as accessories.

I agree, assumption of risk. Shit happens and sometimes it really sucks.

Posted: **Tue Oct 04, 2011 3:23 pm**

"Assumption of the risk" is a defense to negligence, not a criminal charge, and it's not even applicable here anyway: "Assumption of the risk" means that the person actually knew of and considered the risk of the specific injury suffered (in this case, death) and elected to proceed with the activity anyway. Clearly, he didn't think taking a punch might result in his death. If "alcohol was involved," he may not have been thinking much of anything, other than "this is a dumb but easy way to make 5 bucks."

While consent may be a defense to battery, I don't think it could be permitted as a defense to any grade of homicide or manslaughter, on public policy grounds if nothing else.

The story doesn't say what, exactly, Ms. Startz was charged with, but I think criminal charges are unwarranted and/or unprovable. The prosecutor's best case is probably for something like involuntary manslaughter, but on these facts I don't think the state can convince a jury that her acts were "likely to cause death or great bodily harm" and performed "recklessly" (as opposed to merely negligently).

Posted: **Wed Oct 05, 2011 1:54 am**

I don't see how she is convicted of anything...battery is clearly out (consent, which even the prosecutor doesn't seem to dispute...not that he COULD, considering there's a video), reckless conduct...well, maybe she is guilty, but I just don't see a jury convicting her.

This would seem to be a simple case of "death by misadventure".

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