Should Zack Kassian Face Criminal Charges?

[hf101]

For anyone interested in a great read.

 

Should Zack Kassian Face Criminal Charges? 

 

The key thing that I take from this is that a Canadian judge has ruled that swinging your stick at a player’s shoulder, missing, and getting him in the head constitutes assault, subject to the player being unaware with the risk, something I think that the Crown would have little difficulty in proving. Players cannot consent to that level of violence.

 

Should the courts get involved in this? I lean towards yes. I don’t think that the Kassian stick swing on Gagner was as normal a play as some are making it out to be – the degree of force involved was significant and he took a substantial risk in terms of where he swung his stick, presumably because slashing a guy on the front of his body below his waist is a waste of time. If his play was normal, I’d expect a lot more broken jaws from slashes in a typical season.

 

 

 

[yave1964]

Mmmmm, I don't think I agree. To me, going back as far as the Paiement and Polonich hit, the Forbes/Boucha incident and many more over the years any time a judge or politico gets involved almost every time it is grandstanding. I believe Hockey should police hockey for on ice affairs and the courts need to mind their own business.

Now every now and then the Mcsorley/Brashear moment, the Dino situation it is just so over the top or APPEARS to anyway that a criminal investigation may be warranted but this one, Kassian is an idiot and will be reviled for this and for the poor trade from Buffalo will forever haunt him, IMHO it is not a matter for the courts in this case, not even close.

[flyerrod]

I kind of like Eager's response........We play them again a few times this season....

[jammer2]

@yave1964  I agree, it's not a matter for the courts. Keep this stuff out of the courts unless a death occurs where premeditation can be proven. Anything other than that, it's a hockey play gone wrong. I think Moore should be able to sue Bertuzzi civilially, but no criminal charges please.

[Commander Clueless]

I don't think this needs to go to court.

 

This can be handled by the league.

Edited September 26, 2013 by Commander Clueless

[JR Ewing]

@yave1964  I agree, it's not a matter for the courts. Keep this stuff out of the courts unless a death occurs where premeditation can be proven. Anything other than that, it's a hockey play gone wrong. I think Moore should be able to sue Bertuzzi civilially, but no criminal charges please.

 

Not that I think criminal charges should be laid (I really don't)...

 

But I don't see anything in there that was a hockey play. If he was trying to lift Gagner's stick, screwed up and hit Gagner in the face? Sucks, but a hockey play gone bad. Or if it was like the Torres hit on Hossa, where if it was done a fraction of a second earlier, it would have been clean? That's a hockey play gone wrong. If a player follows through on a slap shot and hits an opposing player with his stick, that's a hockey play gone wrong.

 

This was something completely different than that, and without element in the rulebook. This was missing a check by 5 feet, spinning around, and firing your stick at head height with enough force to break a man's jaw. I don't think he should be charged, but this is exactly the type of play that I think the league should throw the book at. Five games wasn't enough.

 

I read Dellow's article, and found it interesting. I disagree with it because of one point only: he asserts that the stick to head was intentional, and I don't see how we can determine that, especially in contrast to the McSorley case he pointed out. In that one, McSorley admitted he was trying to hit Brashear in such a way that a fight was the likely outcome. If Kassian's had intended to strike Gagner the way he did, precedent seems pretty clear: he would need to be charged.

 

I just don't see a way to claim that intent here.

 

JR

[goalnut3133]

I don't think criminal charges apply here either, (even though Zack can annoy the hell out of me!), cuz it's not the same as like taking a guy's head in both hands & smashing it into the ice, obvious intent to injure or kill.  But JR, you really don't think Zack meant to hit him in the head? I do. He may not have intended to smash his jaw specifically, but I DO think that he knew his stick was aiming high enough for his head, & whatever injuries result, so be it. His careless & at times, dirty play reputation, precedes him.

[yave1964]

criminal charges should be brought against Gillis for giving up Hodgson for this clown. And yeah Ewing it is BS that he swung his stick the way he did to over compensate that he missed his check. gonna be very interested in the lineup for Edmonton the first time these two play with him in the lineup......

[JR Ewing]

I don't think criminal charges apply here either, (even though Zack can annoy the hell out of me!), cuz it's not the same as like taking a guy's head in both hands & smashing it into the ice, obvious intent to injure or kill.  But JR, you really don't think Zack meant to hit him in the head? I do. He may not have intended to smash his jaw specifically, but I DO think that he knew his stick was aiming high enough for his head, & whatever injuries result, so be it. His careless & at times, dirty play reputation, precedes him.

 

No, I'm saying that we just don't know if Kassian intended to hit Gagner in the head. I agree that it was careless, but until we hook him up to a polygraph, we can't infer intent.

 

JR

[jammer2]

@JR Ewing  Oh, I agree, there was no kind of a hockey play in this mess. I just think it's a slippery slope, putting NHL on-ice matters in the criminal court. Let the league police itself I say.

[JR Ewing]

criminal charges should be brought against Gillis for giving up Hodgson for this clown. And yeah Ewing it is BS that he swung his stick the way he did to over compensate that he missed his check. gonna be very interested in the lineup for Edmonton the first time these two play with him in the lineup......

 

I wouldn't be stunned if, given the chance, Eakins puts Steve MacIntyre across from Kassian at a faceoff. Just my guess, but I bet the Oilers don't consider the 5 games Kassian is going to miss to be nearly the penalty the Oilers are paying for Kassian's reckless play.

 

Mind you, even if they dropped the gloves, it wouldn't result in a Kassian pounding, because it would become an immediate scrum.

 

JR

[JR Ewing]

@JR Ewing  Oh, I agree, there was no kind of a hockey play in this mess. I just think it's a slippery slope, putting NHL on-ice matters in the criminal court. Let the league police itself I say.

 

I pretty much agree with that, and so does the court. Historically, they've only stuck their noses in with extreme cases. By what Dellow sighted, it would take a public declaration on Kassian's part that he meant to hit Gagner like he did for that to happen. So yeah, the Crown should keep its nose out in this (and most) instances.

 

JR

[goalnut3133]

No, I'm saying that we just don't know if Kassian intended to hit Gagner in the head. I agree that it was careless, but until we hook him up to a polygraph, we can't infer intent.

 

JR

Ah. It just looks suspicious to me & i wouldnt put it past him & he will deny it til he's blue in the face & so will the 'Nucks. Not impressed.

[EDI-Flyer]

But I don't see anything in there that was a hockey play.

 

Totally agree with this sentiment. Kassian deliberately tried to hit him with his stick when there was no reason for contact. He should have got a lot more than 5 games.