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Re: Soccer dad pulls gun on coach - Lubbock

Posted: Fri Oct 24, 2008 1:13 pm
by DONT TREAD ON ME
mr72,
I am just going off the story...
Authorities tell NewsChannel 11 that Burke was watching his child play at the Berl Huffman Complex when he apparently got mad at the coach and started yelling at her. They say the coach's husband tried to settle him down, and then those two got into a fight in the stands, and that's when Burke pulled a gun.
So from that he was yelling and the husband did try to settle him down THEN the fight was started. Im not saying the report is correct but thats all we have to go off of. So thats what I am doing. All I did was read and retain the info from which this thread was started.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Fri Oct 24, 2008 1:36 pm
by TacShot
No it's not outrageous to charge a person if that person engages in verbal disorderly conduct. If that was the case, the coach had the right to gather witnesses and file charges. That would be the proper response. There's a lot of emotional discussion about chivalry and defending a woman by the use of physical force in response to verbal abuse. Such would be an improper response in the eyes of the law, and could end up, rightly so, in an assault charge.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Fri Oct 24, 2008 1:39 pm
by mr.72
XtremeDuty.45 wrote:mr72,
I am just going off the story...
Authorities tell NewsChannel 11 that Burke was watching his child play at the Berl Huffman Complex when he apparently got mad at the coach and started yelling at her. They say the coach's husband tried to settle him down, and then those two got into a fight in the stands, and that's when Burke pulled a gun.
So from that he was yelling and the husband did try to settle him down THEN the fight was started. Im not saying the report is correct but thats all we have to go off of. So thats what I am doing. All I did was read and retain the info from which this thread was started.

I am not trying to start my own argument here.

However I think the news story is probably very unreliable. You see, man with gun = bad guy in the news. This does not sound like a balanced account of both sides of the story. In fact I find it highly unlikely that the guy who was arrested with the gun would describe the incident using these words, but very likely that the guy who did the pushing would describe it in exactly those words.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Fri Oct 24, 2008 4:53 pm
by troglodyte
I may have missed it somewhere but where does it say the husband was charged? Last I heard, or can find now. indicates that no charges have been filed against him, the husband.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 9:20 am
by txflyer
troglodyte wrote:I may have missed it somewhere but where does it say the husband was charged? Last I heard, or can find now. indicates that no charges have been filed against him, the husband.
Keith B posted this a bit ago: http://texasshooting.com/TexasCHL_Forum ... 60#p222329" onclick="window.open(this.href);return false;

Follow the link there and about 1:30 into it the reporter mentions the husband has been charged with assault.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 9:48 am
by Greybeard
Quote: "I believe the assault charge is a felony ... "

I don't think so. IIRC (from an incident last spring) about the worst the husband might get on this (on criminal side anyway) could be $500 fine. An assault conviction of the husband though, would certainly not hurt the CHL guy's position.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 9:59 am
by troglodyte
txflyer wrote:
troglodyte wrote:I may have missed it somewhere but where does it say the husband was charged? Last I heard, or can find now. indicates that no charges have been filed against him, the husband.
Keith B posted this a bit ago: http://texasshooting.com/TexasCHL_Forum ... 60#p222329" onclick="window.open(this.href);return false;

Follow the link there and about 1:30 into it the reporter mentions the husband has been charged with assault.
Naw, he doesn't say that. He says "...pushed by the coach's husband, and no assault charges have been filed but it will be interesting to hear if his lawyers try to use that in his defense." From one of the earliest reports, that is not archived, they (KAMC) clearly said no charges have been filed on the husband. This may have changed since these reports were made but I haven't heard or read different.

Still looking and waiting for more details. Any talk, information, etc. has simply stopped around here. Even the I-heard-it-from-a-friend-of-a-friend rumors have dried up.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 12:10 pm
by edmart001
I rarely post, but do read this forum often. I find this case very interesting, agree we don't have all the info, agree there's a difference between what's legal and what's right and it is my OPINION that, based on what has been reported, the CHL shouldn't have done what he did and that I would not have done what he did.

I am also struck by a point that I haven't noticed anyone pick up. That is apparently the CHL holder is 25 and a parent of a 7 or 8 year old. This means he had to have fathered the child at the ripe old age of between 16 and 18. It is not my place to judge, but knowing this does make me want to know more about this person's track record of making adult decisions as well as more detail about what happened on the day.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 1:07 pm
by SlowDave
Well, this is indeed an interesting thread. Since some are against jumping to conclusions, I'll state this as hypothetical based on the following assumptions:
1. The dad yelled at the coach using expletives and other improper language but no direct threat of bodily harm to the coach.
2. The husband responded to this attack by pushing the dad, without any preceding physical contact between the two (i.e. the dad did not chest bump the husband first)
3. The dad pulled the gun based on this push alone (i.e. no other punches were thrown nor did the husband break out a scythe or chain).
4. Before pulling the gun, the dad did not attempt to abandon the encounter.

Couple of points based on these assumptions, which are made just to provide a point of discussion, not to judge this case prematurely:
1. On a non-legal basis, the dad is an idiot and made several bad decisions in a row.
2. On a legal basis, I think the critical thing is the provocation. If he provoked, as some have pointed out, then he has given up his right to respond to force with the threat of deadly force (ref: pc 9.31 a.2 and b.4). If that is the case, it doesn't matter if the husband was 450 lbs and a trained death cage fighter, nor if the stands for the 8 yr old soccer match were as high as Kyle Field (hence those points are not covered in my assumptions). My reading of that portion says that if you start it, you have to b.4.A walk away or state your intention to walk away AND b.4.B: the other person has to continue to use unlawful force against you. Otherwise, you are not justified due to your original provocation--period. This is an extremely important point to consider for any CHL holder for all their breathing hours.

Merriam-webster.com defines "provoke" as "to arouse to a feeling or action" or "to incite to anger." Based on these definitions (don't know if there are others in TPC) and my assumptions, I'd say the dad did indeed "provoke" the attack.

3. I have also coached kids sports, and I disagree with the poster who said you should live with this stuff or not coach. I am extremely mild tempered and do put up with a lot from the parents. But, the organization, other parents, law enforcement, and others need to assist. If we expect that the coaches should be able to deal with this or not coach, kids sports are over in this country. I would not expect all other coaches to put up with as much stuff as I quietly absorbed. It's ridiculous.

4. Sooner or later, this stuff may go to jury trial. Points 1 and 3 and the general American experience at kids sports games will then wash over into the legal side through the humans on the jury. God help the CHL holder if one of those jurists is a former kids sports coach.

And finally, a response to the last post:
Russell wrote:
edmart001 wrote:<snip>
I am also struck by a point that I haven't noticed anyone pick up. That is apparently the CHL holder is 25 and a parent of a 7 or 8 year old. This means he had to have fathered the child at the ripe old age of between 16 and 18. It is not my place to judge, but knowing this does make me want to know more about this person's track record of making adult decisions as well as more detail about what happened on the day.
When you were between the ages of 16 and 18, did you make all the right adult decisions?

Not many 16 year old's do. I know I didn't. I was only thinking about one thing when I was that age.

I wouldn't judge his character based on that.
I would, and so will many others. I dislike this line of logic every time I hear it. "If you have ever made a mistake, then you shouldn't criticize others for making a mistake, regardless of whether it's the same one, a larger mistake with more consequences, or whatever." The deal is, I would judge MY OWN character for making a multiple-life-impacting mistake like that, and it will also definitely affect my opinion of the character of others. In spite of urges or hormones or whatever, one should maintain a level of judgement so as not to screw up their own life, and by extension, society as a whole. Similarly, even when one wishes to beat the crap out of a moron for cussing out his wife at a kids sports game, he should instead show some restraint and go over and, in a calm and relatively polite voice, ask the person to leave the premises. It's not easy, it's not fun, but otherwise, we just turn into a pack of wild dogs and say in our own defense, "Well, did YOU ever make a mistake?"

Those are my thoughts. Sorry so long of a post. Would like to hear feedback from the experts on my thoughts on the provocation aspect trumping all other points. And I respect others' points of view and have tried to restrain myself from inflammatory words and language to keep this a nice civil discussion of a very important topic and situation. Sorry so long and thanks for the discussion.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 1:26 pm
by edmart001
Russell wrote:
edmart001 wrote: It is not my place to judge
When you were between the ages of 16 and 18, did you make all the right adult decisions?

Not many 16 year old's do. I know I didn't. I was only thinking about one thing when I was that age.

I wouldn't judge his character based on that.
I actually agree with you. In fact, in my previous post, I even said, "It is not my place to judge".

And, for the record, I'm not particularly proud of everything I did between the ages of 16 and 18 and I don't think I'm probably the only one.

However, I do think that decision making is a result of character and I also think that if character is in question, the track record of decision making should be considered.

Just my $0.02.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 1:45 pm
by WildBill
edmart001 wrote:I am also struck by a point that I haven't noticed anyone pick up. That is apparently the CHL holder is 25 and a parent of a 7 or 8 year old. This means he had to have fathered the child at the ripe old age of between 16 and 18. It is not my place to judge, but knowing this does make me want to know more about this person's track record of making adult decisions as well as more detail about what happened on the day.
That is an interesting observation, but there are other things to consider. When I was between the ages of 16-18, I was in high school like most people. When I married at the age of 25, I married an "older woman" and became the stepfather of her two children, aged 5 and 7 years old.

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 2:19 pm
by stevie_d_64
25 years old...

I know young teenagers that have more skill, patience and maturity than this dunderhead...I would trust them (teens) more than people like this...

I think the boom will be lowered rather hard on this guy...As it should...

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 2:31 pm
by boomerang
The use of force against another is not justified: (1) in response to verbal provocation alone

Re: Soccer dad pulls gun on coach - Lubbock

Posted: Sat Oct 25, 2008 2:31 pm
by Greybeard
Quote from Oct. 20 Channel 11 text: "Apparently, the coach's husband tried to stop Burke from yelling at his wife, and that's when the two men got into an argument in the stands. The police report states that the victim pushed Burke, and then Burke pulled a handgun and pointed it at the victim's head."

I've been out of town all week and am just now catching up to bits and pieces of this incident, but it appears the subject line of this thread would be more accurate if stating "Soccer dad pulls gun on coach's husband."

Also, I question if the incident actually happened "in the stands". Most of the soccer fields I've seen - particularly with kids of that age level - had no "stands" or "bleachers", but simply lots of observers standing along the sidelines ... Much missing here for "totality of the circumstances" to be evaluated ...