Security guard beaten at SF Black Rock

[chipped tail]

wow holy shit! I thought he was headed up river for sure. the unseen GX footage must have worked.

[thomas kook]

Just the phrase "will walk free". Wow, can't believe it. Get ready for the civil trial.

civil trial? i'm very uneducated, but there can be two trials? like, one from the police because you did a bad thing, and now another one from the family of the security guard? i guess i just explained it to myself

[arrbee]

Expand Quote

Just the phrase "will walk free". Wow, can't believe it. Get ready for the civil trial.

[close]

civil trial? i'm very uneducated, but there can be two trials? like, one from the police because you did a bad thing, and now another one from the family of the security guard? i guess i just explained it to myself

It would be the family that filed a civil suit. They typically do that to recoup money paid for health care or they can even sue because the security guard can no longer work. So they could ask for an endless amount really cause there is no telling how much he could have made in salary had he kept the ability to work.

[breakingthewaves]

Expand Quote

Just the phrase "will walk free". Wow, can't believe it. Get ready for the civil trial.

[close]

civil trial? i'm very uneducated, but there can be two trials? like, one from the police because you did a bad thing, and now another one from the family of the security guard? i guess i just explained it to myself

this looks like a lengthy trial with also a reasonably long deliberation. he'll walk free for now, but they can retry if they want. however they will need to think about whether it will result in another mistrial, or if they have a reasonable chance of winning on a retrial considering taxpayer expense. or they may wait for more evidence so they have a stronger chance of winning. but in this sort of case i don't think more evidence will come to light. but the possibility of another trial will always hang over his head.

the civil trial is where the family can sue for damages in a non criminal trial. oj was famously found guilty in his civil trial and then moved to florida where he was able to avoid paying the families the damages. i don't know what kind of chance this civil trial has. it sounds to me like the multiple angles were pretty inconclusive.

[Artvandeskate]

count this one as a win for skateboarding, with all the shitty stuff that has been happening lately this is so awesome!

[ohcomeon]

https://www.sfgate.com/crime/article/Mistrial-declared-in-trial-of-skateboarder-13827246.php?t=2621979a82

[DannyDee]

Can't he still be re-tried? Not sure if prosecutors will think it is worthwhile, but he isn't home-free yet, as it seems the mistrial was called due to being hopelessly deadlocked.

[breakingthewaves]

i don't know if anybody wins here. but i do hope that jesse vieira gets back on a board and moves on with his life, as much as this has invariably changed him.

i can only imagine what the jansen family is going through, and how they will ever find closure.

interested to see how this all plays out. epic thread too.

deadlocked six six. wow

[breakingthewaves]

Can't he still be re-tried? Not sure if prosecutors will think it is worthwhile, but he isn't home-free yet, as it seems the mistrial was called due to being hopelessly deadlocked.

he can be retried, it will be up to the prosecution to re-try or dismiss the charges.

[Shifty Flip]

deadlocked six six. wow

[nooky]

count this one as a win for skateboarding, with all the shitty stuff that has been happening lately this is so awesome!

you can fuck right off.

this is not a 'win' for skateboarding

[breakingthewaves]

skateboarding media needed to cover and discuss this way, way better than it did.

[mattchew]

skateboarding media needed to cover and discuss this way, way better than it did.

What even is skateboarding media these days?
(Really tho.)

[andocom]

Pretty surprised by this, I imagine the prosecusion framing to the jury of these punk skateboarers who shouldn't have been there and this poor security guard just doing his job and almost killed because of it would be a pretty tough hurdle to overcome, there must have been at least some decent exculpatory evidence

[Get the strap]

https://www.sfgate.com/crime/article/Mistrial-declared-in-trial-of-skateboarder-13827246.php?t=2621979a82

This article is worded better than the first one posted. Well lucky for him he's not going to serve anytime, for now at least. I still don't like the self entitled behavior of the gx crew, but I feel it's honestly tough to comment on anything since one of their friends died. I think the moral of the story is life is too precious.

It's weird he never was charged with trespassing or any other lesser charges in the first place. The gx1000 angle must be crazy to watch, because I just rewatched the surveillance footage and now knowing the legal outcome, I still can't see the self defense. There was a news story earlier this year of some kids who were laughing at someone who was splashing in the water, but really the person was drowning, and they died. Apparently no one has a legal obligation to help someone who is dieing in public, you can walk away apparently. That's a trip the security guard was the attacker.

[TheLurper]

Yea, it would have been amazing if there was real reporting on this trial. I mean even Vice could have had someone cover the day-to-day court shit and then speak with a lawyer who could explain what the fuck was going on. I mean did anyone other than SLAP even pay attention to this?

I'd be interesting in hearing how the defense framed this whole situation as self defense and what evidence they had that caused some of the jurors to doubt his guilt.

Edit: His lawyer has a 4.5 star review on Yelp. (Who reviews a criminal defense lawyer on Yelp?)

[breakingthewaves]

Expand Quote

https://www.sfgate.com/crime/article/Mistrial-declared-in-trial-of-skateboarder-13827246.php?t=2621979a82

[close]

This article is worded better than the first one posted. Well lucky for him he's not going to serve anytime, for now at least. I still don't like the self entitled behavior of the gx crew, but I feel it's honestly tough to comment on anything since one of their friends died. I think the moral of the story is life is too precious.

It's weird he never was charged with trespassing or any other lesser charges in the first place. The gx1000 angle must be crazy to watch, because I just rewatched the surveillance footage and now knowing the legal outcome, I still can't see the self defense. There was a news story earlier this year of some kids who were laughing at someone who was splashing in the water, but really the person was drowning, and they died. Apparently no one has a legal obligation to help someone who is dieing in public, you can walk away apparently. That's a trip the security guard was the attacker.

all the mistrial means is that the jury wasn't able to decide guilt or innocence. it doesn't necessarily make a statement about the security guard being the attacker or a successful self defense strategy.

those kids watching the guy drown was fucked up. 

next court date is next monday may 13. not sure if the prosecution decides to retry or drop, or what happens there.

[Get the strap]

Expand Quote

Expand Quote

https://www.sfgate.com/crime/article/Mistrial-declared-in-trial-of-skateboarder-13827246.php?t=2621979a82

[close]

This article is worded better than the first one posted. Well lucky for him he's not going to serve anytime, for now at least. I still don't like the self entitled behavior of the gx crew, but I feel it's honestly tough to comment on anything since one of their friends died. I think the moral of the story is life is too precious.

It's weird he never was charged with trespassing or any other lesser charges in the first place. The gx1000 angle must be crazy to watch, because I just rewatched the surveillance footage and now knowing the legal outcome, I still can't see the self defense. There was a news story earlier this year of some kids who were laughing at someone who was splashing in the water, but really the person was drowning, and they died. Apparently no one has a legal obligation to help someone who is dieing in public, you can walk away apparently. That's a trip the security guard was the attacker.

[close]

all the mistrial means is that the jury wasn't able to decide guilt or innocence. it doesn't necessarily make a statement about the security guard being the attacker or a successful self defense strategy.

those kids watching the guy drown was fucked up. 

next court date is next monday may 13. not sure if the prosecution decides to retry or drop, or what happens there.

How can one claim self defense while trespassing in the face of authority? I guess you can. I had to take 2 semesters of business law and the teacher loved these kind of cases to quiz the class and have a debate.

What if Dan Jensen was a cop you couldn't argue self defense could you? A cop trying to apprehend you and you get in a scuffle and knock him down and give him brain damaged and you're in court claiming self defense?! And split the jury?!

Clearly a difference between cops and security guards. If Dan Jensen was a cop I bet the outcome would be different.

Edit: Actually I'm pretty sure you can claim self defense while trespassing. You're not supposed to be there, but the property owner, depending on state law doesn't have the right to use excessive force. They are supposed to call the police. Don't people sue bouncers who beat the shit out of them for sneaking into a club? It looks like the gx dudes are swinging and the board flies up but maybe there was no contact? So you can swing at somebody in self defense not hit them, they lose their balance anyway fall back hit their head and crack their skull and it's not your fault? Fucking crazy.

[arrbee]

Expand Quote

Expand Quote

Expand Quote

Just the phrase "will walk free". Wow, can't believe it. Get ready for the civil trial.

[close]

civil trial? i'm very uneducated, but there can be two trials? like, one from the police because you did a bad thing, and now another one from the family of the security guard? i guess i just explained it to myself

[close]

It would be the family that filed a civil suit. They typically do that to recoup money paid for health care or they can even sue because the security guard can no longer work. So they could ask for an endless amount really cause there is no telling how much he could have made in salary had he kept the ability to work.

[close]

That's now how it works though - it's based on the job you had x the time you would have likely worked, not the chance that you would have won the lottery or become the CEO of Starbucks.

Not how it’s supposed to work. I’ve seen cases where families are awarded large sums.

They can however include the cost of on-going care expenses. With inflation factored in. This number is really where they can get you cause there is no telling how high the medial/care bills could get. No way to predict any surgeries or procedures related to the incident 10 years down the line.

[Merlin]

count this one as a win for skateboarding, with all the shitty stuff that has been happening lately this is so awesome!

You’re a fuckin idiot, this isn’t a win for anyone. Unless Jesse is a complete piece of shit, I’m sure he still feels horrible for what happened. This whole thing could have been easily avoided.

[Vomit Lust]

I’m guessing like everybody else. The additional footage probably cast some doubt on exactly which dude is responsible. The not-guilty votes were probably based on thinking one of the other dudes did the most damage and they wouldn’t make Vieira a scapegoat.

Or maybe I don’t know what I’m talking about. It just seems weird to me that the cops never arrested anybody else when it appears in the security footage that more than one person hit the security guard.

[Get the strap]

I’m guessing like everybody else. The additional footage probably cast some doubt on exactly which dude is responsible. The not-guilty votes were probably based on thinking one of the other dudes did the most damage and they wouldn’t make Vieira a scapegoat.

Or maybe I don’t know what I’m talking about. It just seems weird to me that the cops never arrested anybody else when it appears in the security footage that more than one person hit the security guard.

The only thing that it can be is the security footage we all saw, none of the punches from Jesse Vieira connected and the guy stumbled backwards and hit his head, and 6 jurors believed that Jesse was defending himself from a security guard.

Apparently you can resist and defend yourself from a security gaurd if they get physical with you, unlike a cop where you have to obey their orders. The law must state if a security guard is dealing with trespassers who are resisting and staying on the property, security needs to call the police.

[CHONGO]

Super surprised about that one. Wonder what the other footage looked like?

[Putaslocas]

54 pages and you guys are still trying to jury it up

[papo]

count this one as a win for skateboarding, with all the shitty stuff that has been happening lately this is so awesome!

STFU you sound stupid right now.

[max power]

count this one as a win for skateboarding, with all the shitty stuff that has been happening lately this is so awesome!

This is the most garbage take.

[JosephSmith]

What are y’alls thoughts on how this will/could possibly impact his “approach” to skating in the future. Like if the prosecution gets wind of new street tough guy footage, could that lead to another trial?

[papo]

What are y’alls thoughts on how this will/could possibly impact his “approach” to skating in the future. Like if the prosecution gets wind of new street tough guy footage, could that lead to another trial?

Heres whats going to happen:

- home owners and security guards will use excessive force in fear of ending up like the guy with half his head missing, which will make matters so much more difficult for all of us

- there will be a certain group of skaters who feel like Jesse did the right thing and will follow his path, which will lead to the point above.

Summary: a lose-lose situation

Like somone on here said earlier, if you now you not supposed to be here, just walk away and come back later. Lets be real about this shit, we often damage other peoples property. In reality, we wouldnt like it either if someone came to our shit to fuck it all up.

[Fongstarr.]

I am thoroughly surprised by this. I thought the little media attention it got was going to put this guy away for a bit. I bet the family is bummed but man, this guy should be thanking his lucky stars it's ending up the way it is. Could have been way worse. Totally agree with above....a lose lose situation.

[MisterX]

count this one as a win for skateboarding, with all the shitty stuff that has been happening lately this is so awesome!

You're a total asshat to make a comment like that.  This isn't a win for skateboarding, this isn't a win for anyone.  A man is now in assisted living because he was just trying to do his job. Jesse will have to live with the fact that he was part of this for the rest of his life. As well as potentially being tried again or an additional civil suit, and to top it all off Pablo passed away during the recess of this very trail.  This entire situation could have been avoided and I know people make mistakes, but this is just a tragedy on all ends.  Please help me understand how this is "awesome" or a win for skateboarding.