Security guard beaten at SF Black Rock

[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]

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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]

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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]

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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. 

[rapscallion]

Krux Truck : 1
Dan Jansen : 0

Whoa dude, cool it.

[Hevonen]

Damn, did not expect this. Let alone 6-6 tie. Either the footage shows things in a much different light or he completely lucked out on the jury. If it's the former then he should be pretty safe from a re-trial right?

Can you also get sentenced to jail from a civil trial or is that just for money?

[sms_b]

So if the security guard pushed over one of the skaters and that skater fell backwards and smacked their head, causing swelling in the brain that left doctors no choice but to cut away a portion of the skull to stop the swelling, y'all actually think the security guard would have faced similar charges and stood trial?



 

[breakingthewaves]

Damn, did not expect this. Let alone 6-6 tie. Either the footage shows things in a much different light or he completely lucked out on the jury. If it's the former then he should be pretty safe from a re-trial right?

Can you also get sentenced to jail from a civil trial or is that just for money?

just money or assets. you are basically being sued. the other thing about a civil case is that they are less stringent than criminal cases and sometimes evidence can be brought in that wasn't permitted in the criminal case.

i don't think they will try this again. maybe this is what's getting settled on the may 13 date. this was a heat of the moment incident with tragic results. we spent a lot of pages talking about what was seen in the security video and i don't think we reached any clear consensus on what happened. to me that's telling. the security camera footage is greasy, but it's complete. so i would hazard a total guess that these other videos didn't offer anything really compelling.

the prosecution would want to argue this differently next time as 6-6 leaves huge room for improvement. there was some talk of evidence of 911 calls the previous day (reporting skateboarders) that made the prosecution look like they were grasping for straws.

freedom of information request for the transcripts? nobody involved will want that other angle to see the light of day.

 

[Suave]

[breakingthewaves]

So if the security guard pushed over one of the skaters and that skater fell backwards and smacked their head, causing swelling in the brain that left doctors no choice but to cut away a portion of the skull to stop the swelling, y'all actually think the security guard would have faced similar charges and stood trial?

if it was 7 security guards on one skater and it happened i'd like to see some charges

[cucktard]

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.

Let’s be honest and admit skaters in the street often act like scooter kids in the park, acting like they own the place, zipping around, not looking, and getting in peoples way.

[tortfeasor]

don't want to speculate but want to answer a few things--

in a hung jury the state has the option to retry the criminal case. its expensive and rare.  what i have seen after hung juries are no contest or Alfred pleas ("look i'm not saying i'm guilty i'm saying you have enough evidence to convict me") on an amended lesser included offense, with a time served component. its just as likely the gov could drop it entirely on may 13 and move on to the next fight.   

a civil case is for monetary damages, you don't go to jail if you can't pay.  we don't have debters prison in america. the action is not not brought by the state its brought by the injured party. damages would include past present and future medical treatment, as well as lost earning capacity. its a lower standard than criminal (beyond a reasonable doubt v. preponderance of the evidence).  However, you cant bleed a stone.  Could they win a huge monetary victory against Mr. Vieria -- absolutely. but it would only be empiric. the lien on Mr. Jensen's medical care is most likely well over any thing jessie has in liquid or any assets he presently owns.  it really wouldnt make sense unless it was for revenge and most civil attorneys don't take revenge cases.


ill happily answer general questions.

[shit_for_brains]

don't want to speculate but want to answer a few things--

in a hung jury the state has the option to retry the criminal case. its expensive and rare.  what i have seen after hung juries are no contest or Alfred pleas ("look i'm not saying i'm guilty i'm saying you have enough evidence to convict me") on an amended lesser included offense, with a time served component. its just as likely the gov could drop it entirely on may 13 and move on to the next fight.   

a civil case is for monetary damages, you don't go to jail if you can't pay.  we don't have debters prison in america. the action is not not brought by the state its brought by the injured party. damages would include past present and future medical treatment, as well as lost earning capacity. its a lower standard than criminal (beyond a reasonable doubt v. preponderance of the evidence).  However, you cant bleed a stone.  Could they win a huge monetary victory against Mr. Vieria -- absolutely. but it would only be empiric. the lien on Mr. Jensen's medical care is most likely well over any thing jessie has in liquid or any assets he presently owns.  it really wouldnt make sense unless it was for revenge and most civil attorneys don't take revenge cases.


ill happily answer general questions.

Disappointing to hear for reasons unrelated to this.

[Get the strap]

don't want to speculate but want to answer a few things--

in a hung jury the state has the option to retry the criminal case. its expensive and rare.  what i have seen after hung juries are no contest or Alfred pleas ("look i'm not saying i'm guilty i'm saying you have enough evidence to convict me") on an amended lesser included offense, with a time served component. its just as likely the gov could drop it entirely on may 13 and move on to the next fight.   

a civil case is for monetary damages, you don't go to jail if you can't pay.  we don't have debters prison in america. the action is not not brought by the state its brought by the injured party. damages would include past present and future medical treatment, as well as lost earning capacity. its a lower standard than criminal (beyond a reasonable doubt v. preponderance of the evidence).  However, you cant bleed a stone.  Could they win a huge monetary victory against Mr. Vieria -- absolutely. but it would only be empiric. the lien on Mr. Jensen's medical care is most likely well over any thing jessie has in liquid or any assets he presently owns.  it really wouldnt make sense unless it was for revenge and most civil attorneys don't take revenge cases.


ill happily answer general questions.

What do you think about the "self defense against a security guard?" "Defending yourself while trespassing against security" ? That's what Vieira's lawyer was telling the press so I'd assume that was the main argument in court.

Couple things I thought about: The picture with Jensen out of surgery, his eyes, nose, and mouth don't look bruised or swollen, so maybe he wasn't even hit by the skaters, or was softly hit and it didn't bruise...thus the argument his injury was caused by the fall and not the skaters?

The other thing is didn't Love Park or other plazas have undercover cops posing as people or security etc? You could maybe see that in the streets. Cops going undercover as security, maybe.

[Abyss1]

Damn, did not expect this. Let alone 6-6 tie. Either the footage shows things in a much different light or he completely lucked out on the jury. If it's the former then he should be pretty safe from a re-trial right?

Can you also get sentenced to jail from a civil trial or is that just for money?

Totally expected this when after someone posted that the trial was done and the jury was deliberating.  After a day of no verdict It's kind of clear the issue is too complicated to blame a particular party.  Also sounds like the defense lawyer did his job too

[Suave]

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don't want to speculate but want to answer a few things--

in a hung jury the state has the option to retry the criminal case. its expensive and rare.  what i have seen after hung juries are no contest or Alfred pleas ("look i'm not saying i'm guilty i'm saying you have enough evidence to convict me") on an amended lesser included offense, with a time served component. its just as likely the gov could drop it entirely on may 13 and move on to the next fight.   

a civil case is for monetary damages, you don't go to jail if you can't pay.  we don't have debters prison in america. the action is not not brought by the state its brought by the injured party. damages would include past present and future medical treatment, as well as lost earning capacity. its a lower standard than criminal (beyond a reasonable doubt v. preponderance of the evidence).  However, you cant bleed a stone.  Could they win a huge monetary victory against Mr. Vieria -- absolutely. but it would only be empiric. the lien on Mr. Jensen's medical care is most likely well over any thing jessie has in liquid or any assets he presently owns.  it really wouldnt make sense unless it was for revenge and most civil attorneys don't take revenge cases.


ill happily answer general questions.

[close]

What do you think about the "self defense against a security guard?" "Defending yourself while trespassing against security" ? That's what Vieira's lawyer was telling the press so I'd assume that was the main argument in court.

Couple things I thought about: The picture with Jensen out of surgery, his eyes, nose, and mouth don't look bruised or swollen, so maybe he wasn't even hit by the skaters, or was softly hit and it didn't bruise...thus the argument his injury was caused by the fall and not the skaters?

The other thing is didn't Love Park or other plazas have undercover cops posing as people or security etc? You could maybe see that in the streets. Cops going undercover as security, maybe.

i'm a doctor not a lawyer dammit but one time at the old Union Square in SF, i was yoked up by undercover cops in Harley Davidson shirts so there is a precedent.

[tortfeasor]

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don't want to speculate but want to answer a few things--

in a hung jury the state has the option to retry the criminal case. its expensive and rare.  what i have seen after hung juries are no contest or Alfred pleas ("look i'm not saying i'm guilty i'm saying you have enough evidence to convict me") on an amended lesser included offense, with a time served component. its just as likely the gov could drop it entirely on may 13 and move on to the next fight.   

a civil case is for monetary damages, you don't go to jail if you can't pay.  we don't have debters prison in america. the action is not not brought by the state its brought by the injured party. damages would include past present and future medical treatment, as well as lost earning capacity. its a lower standard than criminal (beyond a reasonable doubt v. preponderance of the evidence).  However, you cant bleed a stone.  Could they win a huge monetary victory against Mr. Vieria -- absolutely. but it would only be empiric. the lien on Mr. Jensen's medical care is most likely well over any thing jessie has in liquid or any assets he presently owns.  it really wouldnt make sense unless it was for revenge and most civil attorneys don't take revenge cases.


ill happily answer general questions.

[close]

What do you think about the "self defense against a security guard?" "Defending yourself while trespassing against security" ? That's what Vieira's lawyer was telling the press so I'd assume that was the main argument in court.

sorry for a non-answer-- every case is different and has its own fact patterns.  there is no one size fits all.  I will say what happens in the courtroom is very different than the way the press puts things out. you cant really understand a case or the actual evidence unless you are there.

[FS-OverKOOK]

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don't want to speculate but want to answer a few things--

in a hung jury the state has the option to retry the criminal case. its expensive and rare.  what i have seen after hung juries are no contest or Alfred pleas ("look i'm not saying i'm guilty i'm saying you have enough evidence to convict me") on an amended lesser included offense, with a time served component. its just as likely the gov could drop it entirely on may 13 and move on to the next fight.   

a civil case is for monetary damages, you don't go to jail if you can't pay.  we don't have debters prison in america. the action is not not brought by the state its brought by the injured party. damages would include past present and future medical treatment, as well as lost earning capacity. its a lower standard than criminal (beyond a reasonable doubt v. preponderance of the evidence).  However, you cant bleed a stone.  Could they win a huge monetary victory against Mr. Vieria -- absolutely. but it would only be empiric. the lien on Mr. Jensen's medical care is most likely well over any thing jessie has in liquid or any assets he presently owns.  it really wouldnt make sense unless it was for revenge and most civil attorneys don't take revenge cases.


ill happily answer general questions.

[close]

What do you think about the "self defense against a security guard?" "Defending yourself while trespassing against security" ? That's what Vieira's lawyer was telling the press so I'd assume that was the main argument in court.

Couple things I thought about: The picture with Jensen out of surgery, his eyes, nose, and mouth don't look bruised or swollen, so maybe he wasn't even hit by the skaters, or was softly hit and it didn't bruise...thus the argument his injury was caused by the fall and not the skaters?

The other thing is didn't Love Park or other plazas have undercover cops posing as people or security etc? You could maybe see that in the streets. Cops going undercover as security, maybe.

unless you're armed security inside a bank I don't think you're really expected to "do anything" except ask them to leave and then call the police. This was trespassing by the skaters, not a robbery/burglary attempt or anything that was putting innocent people in danger. Unlike police, the security does not have a duty to engage beyond asking them to leave. 

[formula420]

Lets hope the security guards nationwide see this and remember they are not cops and do not have the authority of cops. Shame he had to get his head fucked to learn this.