No charges in Council Bluffs teen's death after school fight

[Omaha Steve]

http://www.omaha.com/news/crime/authorities-won-t-pursue-charges-in-teen-s-death-after/article_e6a5eaf0-499a-11e4-8c14-0017a43b2370.html

POSTED: WEDNESDAY, OCTOBER 1, 2014 1:43 PM
From staff reports

COUNCIL BLUFFS — A criminal charge is being dropped against a Council Bluffs boy who punched a classmate during an altercation at Abraham Lincoln High School.

Pottawattamie County Attorney Matt Wilber said Wednesday that authorities will not pursue charges against Gregary Teer, 16, who threw one punch in the fight Thursday that led to the death of Dakota Escritt, 17. Furthermore, Escritt appeared to be the aggressor in the incident.

"Teer was legally justified in the force that was used, we will not be pursuing charges against Mr. Teer," Wilber said at a press conference.

After the fight, Teer was charged as a juvenile with assault causing serious injury, a felony, and later released to the custody of his guardian. He also was suspended from school, said Diane Ostrowski, spokeswoman for the Council Bluffs Community School District.

FULL story at link.

[Erich Bloodaxe BSN]

1. Based on the linked story, it sounds like a reasonable response.

Video of the altercation showing the dead kid as the aggressor, not once, but several times, and a single exchange of actual punches.

Obviously it would have been best if the other teen had had the guts to simply not be goaded into fighting, but the guy who got killed initiated the violent exchange, and it doesn't look the resultant death was intentional.

[Omaha Steve]

2. The video does tell the story

It is unfortunate.

[exboyfil]

3. The aggressor appears to be attempting to retreat

while the other student continues to engage him. Tough call since you are allowed to use enough force to defend yourself. On the other hand people are not robots and once an altercation begins it is difficult to think about what force is appropriate. Since Teer did not follow up the punch with additional force I don't know how you can convict him of a crime. It might be a different story if the video did not exist though given the size difference between the two individuals.

[ManiacJoe]

6. Is the actual video available?

[exboyfil]

4. I remember an incident in 4th grade

A much larger student behind me had grabbed my coat from under the seat and would not let it go. I pulled several times and asked him to let go. I was at my stop so I turned around and pushed at him palm forward. He promptly punched me right in the nose. Would he have been justified if that punch caused me to fall and hit my head and I died? I took the first physical act, but it was in an attempt to secure my property from what could be viewed as a strong arm robbery.

[ManiacJoe]

5. The way you tell it, you took the second physical act.