Since multiple UFC fights are scheduled for June and July 2022, we feel that it is the right time to talk about a story involving a UFC fighter that left the state of California in complete shock. On August 12, 2021, a devastating accident became big news as it involved the former UFC fighter, Brendan Schaub.

Schaub stated:

“There’s two kids, and there’s a bigger kid, and he keeps going, ‘I don’t want to die, I don’t want to die,’ and I go, ‘You’re not going to die, buddy, you’re not going to die.”

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Receive a Free Consultation Today! At Ehline Law, our injury attorneys like to explore legal issues and create awareness of what is going on in America. This article will go over the incident that led to this horrific accident and the MMA’s Brendan Schaub wrong-way car killing hero story.

Encino’s Hero, Brendan Schaub, Saves Four Children

The accident occurred at 7 PM on August 12, 2021, and four days later, Brendan Schaub got into all the details of the accident on his “The Fighter and The Kid” podcast. The former UFC fighter, Brendan Schaub, said he was heading to a restaurant with his spouse, Joanna Zanella, in Encino, California. On his way, he saw a tractor-trailer blocking the 101 freeway. As he got his car closer to the scene, Schaub noticed a child waving his hand from the top of a mangled vehicle, a distress call for help.

Reassuring the children that they were safe, Schaub tried to hinge the door open but failed as the crash caused the door to intertwine with the vehicle. Brendan Schaub hurriedly broke the partially broken window and started pulling the kids out.

After getting all the kids out, Brendan Schaub saw something grave in the corner of his eye. He glanced into the front seat and saw the children’s mother behind the wheel, who was already dead from her tragic collision. According to Brendan Schaub, the front seat was thoroughly soaked in blood, and brain matter was everywhere.

• Schaub Takes Action to Shield Kids From the Car Crash Gore

Horrified at what he saw, he quickly turned toward the kids, who wanted to look at their mom to see if she was doing okay. Schaub, acting like their big brother, pulled the kids, who were crying for their mother, towards himself to prevent the children from witnessing the gruesome incident.

He mentioned in the podcast that he saw a Mexican man in his tank top with no shoes on fleeing from the accident scene. The man was hit by a Dodge Durango while crossing the freeway.

Brendan Schaub said he tried to hold back his tears during the podcast as he further explained how scary the situation was for him and the children. He mentioned that the SUV had hit the tractor in the gas tank, causing the gas to flood out. Brendan Schaub had his clothes soaked in gas and was afraid of a fire breaking out from spilling gasoline caused by the car crash.

When Brendan was assured that the two women would stay with the kids until the emergency services arrived, Schaub left. Brendan Schaub explained in his podcast why he didn’t wait until first responders arrived. It was because he was afraid of pulling his wife into the situation and didn’t want to stick around as the place was dangerous and highly volatile, with gasoline odor everywhere.

Witnesses at the Crime Scene

Schaub was not the only one at the crime scene. In the podcast, he mentioned another woman, Rita Campos, at the location of the accident. After saying Campos in his podcast, media outlets started to reach out to Campos to understand the story from her point of view.
Campos recalled that she was on her way home from work and was a bit far from a tractor-trailer in front of her. She saw an SUV coming on the wrong side of the freeway, and, to her shock, she saw the SUV slam into the tractor, causing a wrong-way crash. Campos immediately swerved her vehicle and parked it on the road.

She also reported that she saw another woman and Schaub at the accident scene as she got out of her car. She asked Schaub whether he called 911, and in that instance, she heard a “thud” sound. Campos stated that she was 100% certain that she saw a man get hit by a black SUV as he tried to flee by crossing the 101 freeway. Although she could not guarantee whether the man got hit by a Dodge Durango, she saw him get hit, and her statement matched the one Schaub provided in his podcast.

During this time, Schaub was already near the mangled car, and soon Campos followed as he tried to rescue the children. There was another man too, who tried to pry the doors open but failed. Schaub cleared the broken window of the shards of glass and took the kids out. He had handed one of the babies to Campos and the other to the other woman who was also at the accident scene.

Campos stated that Schaub rescued the children within 5 to 6 minutes before leaving. The first responders arrived 10 minutes after Schaub left. Concerned for the kids, she stayed for as long as the officers required her to care for the children.

Campos Remembers Her Heartbreak Exchange

Campos didn’t shy away from giving all the details possible about the accident to the media. She wanted to help law enforcement as much as possible. Campos recalled a conversation with the oldest child (The “chubby one”) from the accident. She mentioned how the child kept stating, “We don’t have a home anymore,” and that their mother was going to heaven.

The child asked Campos whether they would still go to heaven after the accident. Shaken by the conversation, Campos assured the child that one day he would go to heaven, but today he must remain brave and take care of his family since he was the oldest child.

Skeptics Started to Doubt Schaub’s Traumatic Incident

After the release of his podcast, Schaub faced serious doubts from people on social media about his involvement in the traumatic incident, with some believing that he fabricated the entire story. Most skeptics believe that he left the accident scene without speaking to the authorities; hence there is no proof of him being there.

Some of the skeptics thought that the details provided by Schaub were outrageous. Torres getting hit by a car while crossing the freeway, the gasoline flooding, and how Schaub removed the kids from the mangled car were some of the details that skeptics found hard to believe.

Campos saw many social media posts creating doubts about Schaub’s presence at the accident scene. Feeling bad for Schaub, Campos took her frustrations to social media with a post stating that Schaub was there and his story was accurate. She noted that Schaub was a minute earlier than her at the accident site, and when she arrived, Schaub was already trying to pry open the car door.

Many skeptics also argued that first responders don’t usually take that much time. However, Campos mentioned in her social media post that there was a massive traffic disruption with four lanes blocked, causing a delay in the first responders’ arrival. She stated that people who were not there did not understand the nature of the situation the two were in.

Schaub and Campos were already taken back by the accident, and seeing another guy nailed by a car as he made his escape, the leaking gasoline, the kids screaming for help, and their dead mother behind the wheel was all surreal. Campos stated that the two did not have the time to think but that all their actions were instantaneous.

Murder Suspect Arrested as the Story Unfolds

The local police started their investigation into the accident to get to the bottom of what happened on the 101 freeway. As the California Highway Patrol gathered evidence, it revealed something horrifying. A 31-year-old man named Cesar Iban Torres drove the wrong way on the 101 freeway with his family in the car with the clear intent of killing them.

He tried to flee the accident scene but got hit by a car. The first responders attempted to take the man into custody for questioning. However, he tried to resist arrest but failed. When ABC7 News contacted Torres’s brother Juan Zavala after the accident, Zavala said that he received a phone call from Torres stating that he had to give his family to God.

The surviving kids reported that their mother, Aimee Garcia, a 26-year-old woman, saved the children. The oldest child, 8-year-old Ceasar, mentioned how his mother tried to take control of the wheel even until the last moment. Angie Fuentes, Aimee Garcia’s aunt, told the media that Cesar was the only witness who could recall what he saw inside the car.

On August 16, 2021, the court charged Cesar Iban Torres with several charges, including murder, four counts of child abuse, and four counts of attempted murder, assault, and resisting arrest. The District Attorney at the time, George Gascón, expressed his grief over the incident, stating that the wrong-way driving collision tore apart the family, leaving four kids moderately injured. The court also set Torres’s bail at $1 million and scheduled his arraignment.

GoFundMe Page to Cover Funeral Expenses

Angie Fuentes set up a GoFundMe campaign to raise money for the mother’s funeral and an apartment for the children to live in. She mentioned in her campaign that Garcia died, leaving behind four beautiful children and needed money to survive; otherwise, they would end up in foster care.

The target for the GoFundme campaign was $30,000, but within a few days, it crossed the $69,000 mark. Even former UFC fighter Brendan Schaub reached out to Angie Fuentes to discuss how he could help and contribute to the cause. Schaub mentioned that he wanted to create a college fund for the children and pay for their mother’s funeral.

History of Domestic Violence Surfaces

Many Americans couldn’t understand how a father could murder his partner and attempt to murder his four children. The story did not make sense until Angie Fuentes disclosed the details of their relationship leading to the car wreck.

Fuentes stated that the couple had met when Garcia was 16 and studying in high school. She mentioned how her niece was a victim of domestic abuse for several years, and when the family would approach her about this situation, Garcia would make light of it and try to avoid the questions. At one point, Garcia ended up in the hospital to get stitches, to which Fuentes expressed her concern about the situation she and the kids were in well before the car wreck.

Fuentes said that although Garcia did not have a mom or a dad, she gave all her kids unconditional love and took them everywhere she went. Fuentes was also infuriated by the ordeal and expressed her desire for Torres to suffer in prison for the rest of his life for causing the car wreck. Fuentes cried while speaking to the media that she was the one who cut Garcia’s umbilical cord, and now she is the one planning her funeral.

Citations:

• The Fighter and the Kid Podcast

Domestic violence can affect the victim and those around them, leading to vehicular homicide, e-car wrecks, and more if you’re a victim of a domestic violence car wreck, let us stand by your side and provide you with the legal protection you need so you can avoid a wrongful death or serious injuries. Contact us at +(833) LETS-SUE and learn about your rights.

On November 13, 2022, Bellator MMA announced the death of the Ultimate Fighting Champion, Anthony “Rumble” Johnson. Let’s explore the news details with Ehline Law and our personal injury attorneys.

Anthony “Rumble” Johnson Dies at 38, Leaving Fans in Shock Around the World

The Bellator family expressed grief on the sad demise of their comrade, MMA fighter Anthony “Rumble” Johnson, after battling an undisclosed illness. Could this be the making of a sports injury lawsuit?

Rising to the #1 Challenger in the Light Heavyweight Division in UFC

Johnson’s fighting style and the one-punch strike became infamous in the mixed martial arts community. In his MMA career, he earned a 23-6 record (17 knockout victories); in the UFC, Johnson stood at 13-6.

In 2007, Johnson made his UFC debut by knocking out Chad Reiner in just 13 seconds. He fought as a welterweight, but because of weight misses, he fought as a light heavyweight and then heavyweight.

Anthony Johnson returned to the UFC in 2014, challenging Daniel Cormier and eyeing the vacant UFC light heavyweight title after bagging three wins. However, Cormier got him into a rear naked choke, forcing Johnson to tap out.

Johnson competed in three more fights, securing victories after his loss to Cormier. He challenged Cormier in a UFC light heavyweight championship again, but he submitted again to the chokehold and lost his second title fight with Cormier.

Johnson returned to Fighting by Knocking out José Augusto Azevedo in Bellator MMA

In 2017, Johnson retired from the UFC as UFC’s top-ranked light heavyweight. Fans thought his career was over, but Johnson returned to the Bellator cage four years after retirement.

Johnson fought Jose Augusto in 2021 and won by knockout in the first round. He was due to fight Vadim Nemkov in the semifinals, but his illness caused him to withdraw.

Anthony “Rumble” Johnson would swiftly move around and attempt to deliver his deadly infamous knockout punch when in the ring. Upon hearing the tragic news, Daniel Cormier expressed his grief and stated that although he would strike fear in people’s hearts, Anthony Johnson was a caring and loving human being.

Johnson’s Manager Provides a Sad Update on the UFC Vet

On October 28, 2022, Johnson’s manager, Ali Abdelaziz, mentioned that the UFC vet continues to struggle with a debilitating illness. They did not mention further details about the disease.

Yahoo Sports mentioned how Johnson had non-Hodgkin lymphoma, cancer that begins in your lymphatic system after diagnosis in 2021, and hemophagocytic lymphohistiocytosis, a severe systemic inflammatory syndrome that can be fatal. However, these reports are not yet confirmed.

History of Domestic Violence – Could It Be a Sign of the Illness?

In 2008, Johnson was convicted of domestic battery, and in 2014, Anthony Johnson’s history of domestic violence arose when his ex filed a police report. In 2019, he was again arrested for domestic battery after his then-girlfriend called the police in Boca Raton. NFL players have dealt with CTE, which explains the high suicide rate among many.

His time in the cage and repeated blows to the head could have contributed to his illness. There is a recent lawsuit filed by the widow of former USC football player Matthew Gee against the NCAA for causing the death of her husband.

It alleges that Gee’s behavior toward his family changed in the last ten years due to injuries sustained while playing for the NCAA, leading to his death. Perhaps Anthony Johnson’s death could be a similar case.

Schedule a Free Consultation with Ehline Law

If you lost a loved one due to another’s negligence, contact us at (833) LETS-SUE for a free consultation. You may be eligible for compensation.

In a recent incident that has garnered significant attention, renowned mixed martial artist and former UFC star Nate Diaz found himself at the center of a street brawl in New Orleans. Diaz, now facing a felony charge, is among the most famous MMA fighters, with him and his brother considered true OGs in the fight game. Nate had two fights with Conor McGregor, winning one by submission in 2016 and losing one by decision the same year. The altercation occurred on April 24, 2023, in a crowded public space on Bourbon Street. The dude Diaz choked on the iPhone video is Logan Paul’s stunt double, Rodney Petersen.

The Misfits boxing event turned street fight took place while Diaz was attending the event to support his longtime teammate, Chris Avila, defeating Paul Bamba. In the outdoor footage, Diaz can be seen applying a chokehold to TikTok star Rodney Petersen, rendering him unconscious in the scuffle. The intensity of the altercation has sparked debates about the appropriate use of force and self-defense in such circumstances. A woman could be heard exclaiming the men should “stop” before Diaz caused great harm, at which point Diaz dropped Petersen to the pavement like a rag doll.

Justifiable?

Some observers argue that Diaz’s actions were justified as a response to perceived threats or provocation, while others express concern about the level of aggression displayed. Additionally, Diaz was involved in another incident that night when he had a brief scuffle with Chase DeMoor, a reality TV star. Eyewitnesses report that Diaz threw a water bottle at DeMoor during the event, adding to the tension and excitement surrounding the viral clip that evening.

DeMoor went on Twitter, asserting: “Next time don’t run” towards Diaz. “Nate Diaz decided to get mad and throw a prime bottle on me; that’s cute, bro…” “Just next time, don’t run. And stop spending many nights in the club trying to use your dried-up MMA career to pull college girls.”

As news of these altercations spread, discussions have emerged regarding the boundaries of acceptable behavior in the context of sports events and public appearances to promote a boxing match, etc. Legal experts emphasize the importance of considering the specific set of circumstances and applicable laws when evaluating the actions of individuals involved in physical altercations and fights. Either way, the New Orleans police collected on their charged arrest warrant, and Diaz entered a plea of not guilty to the charge at his preliminary court hearing.

While the investigation into these incidents is ongoing, it serves as a reminder of the need for measured responses and the exploration of non-violent means to address conflicts. The consequences of such altercations caught on tape can extend beyond the immediate event, impacting the reputations and careers of those involved.

It remains to be seen how these incidents’ legal and public ramifications will unfold with each entourage. As the world spotlight shines on Nate Diaz and his actions during the Misfits Boxing 6 card, the incident catalyzes broader conversations about sportsmanship, self-control, and the responsibilities that come with public figures engaging in physical confrontations.

Either way, in a statement, Zach Rosenfield, Nate’s lawyer, says this clearly demonstrated that a “trained fighter named Rodney Petersen aggressively pursued Nate to engage him, and once doing so, Nate acted entirely in self-defense.” Diaz left the UFC in 2022 upon the expiration of his contract, leaving him free to pursue a different YouTube arena.

In another viral video, Nate’s old UFC boss Dana White asks someone if the choked opponent was Logan Paul, Jake’s brother, stating: ‘He knocked him out! Whoever that is, he knocked him out. ‘That guy’s head bounced like a f***ing basketball.’ ‘He’s going to get sued like a motherf****r.”

Unlikely ally, Conor McGregor even tweeted: “Hahaha Nate on a rampage tonight guys! Let’s go, Nate! Hahaha.”

Police claim Petersen was discovered “bleeding from the rear of his head,” and the Louisiana District Attorney has the power to pull Nate’s boxing card with jail time.

“I don’t know what the hell I did to Nate Diaz,” Petersen said on YouTube. “But I’m telling you what, I’m going to knock him the fuck out when I know he’s coming. You caught me off guard, dude. What did you think I was, Logan?” So clearly, Petersen is not that injured if he is already fired up for war.

The fact that Diaz fought professionally doesn’t help when it comes to defending against the charges. If convicted, he could spend up to eight years in prison. However, most experts don’t think that will happen once they watch the video that seems to have been shot by a cell phone camera.

Staged to Remind People of Jake Paul Fight?

This has prompted many to say it was a put-on to remind people that Nate Diaz is expected to fight Jake Paul on August 5, 2023. This street fight with Peterson and the recent US Marine rear naked choke on a NY subway has raised questions about the use of force and self-defense in such situations. Eyewitnesses and video footage captured the intense moments as Diaz engaged in a physical confrontation that could place what’s left of his purportedly dried-up MMA career at risk of a second-degree battery conviction.

Self Defense?

Assuming the police think this was self-defense, Diaz could still face a civil lawsuit for assault, battery, or even false imprisonment. The facts show the incident unfolded in the heart of New Orleans, where Diaz was visiting for a public appearance. Reports indicate that a verbal exchange between Diaz and another individual quickly escalated into a physical confrontation. Witnesses claim that Diaz acted in self-defense, responding to what he perceived as an imminent threat to his safety.

Video footage of the incident has circulated widely on social media, showcasing the intense nature of the brawl. However, conflicting witness accounts have further complicated the understanding of the events. Some witnesses assert that Diaz acted aggressively, while others maintain that his actions were a necessary response to protect himself. Either way, if sued, Diaz will run up significant legal bills.

Law enforcement officials arrived at the scene shortly after the altercation had subsided. They initiated an investigation to determine the circumstances and establish legal accountability. The city police have reviewed available video evidence from the streets, interviewed witnesses, issued an arrest warrant, and are working to gather additional information to understand the incident comprehensively.

Legal experts highlight that the evaluation of Diaz’s actions will depend on several factors, including the applicable self-defense laws in New Orleans. These laws generally require individuals to use only reasonable force to protect themselves from harm. Diaz’s background as a professional fighter may also be a point of consideration when assessing his response. When I was growing up, people always said a black belt is considered a scheduled deadly weapon. Throwing a water bottle earlier in the night tends to show he was acting dangerously.

As the investigation against the former UFC star continues, the incident has ignited debates surrounding the appropriate use of force, self-defense, and the public perception of professional fighters. It reminds us of the complex legal and ethical considerations surrounding physical altercations and the need to thoroughly examine the facts before drawing conclusions about this guy or anyone else that weekend.

Authorities have indicated that charges may be filed against those involved once the investigation concludes. In the meantime, the incident involving Nate Diaz in the New Orleans street brawl remains a topic of discussion, prompting reflections on the boundaries of self-defense and the consequences of physical altercations in public spaces. This fight will undoubtedly help push the Misfits Boxing fight Jake Paul has been touting into the PPV stratosphere.

Can Nate Diaz be Sued over the New Orleans Street Brawl?

Yes. However, this state follows a different civil legal system. As part of Louisiana, New Orleans is governed under a unique legal system known as civil law. Unlike most states in the United States, which follow the common law tradition inherited from English law, Louisiana’s legal system is based on the civil law tradition derived from French and Spanish legal systems. This distinction results from Louisiana’s historical roots as a French and Spanish colony before it became part of the United States.

Under French civil law, legal principles are primarily derived from statutes and codes enacted by the legislature. These statutes provide the foundation for the legal framework, and courts interpret and apply the law based on them. Additionally, legal decisions from higher courts serve as binding precedents in subsequent cases. Compared to the common law system, the civil law system places less emphasis on judicial decisions and the concept of binding precedent.

Here, Peterson will sue Diaz under the civil law democracy system of law I am unfamiliar with. I am only licensed to practice law in Texas and California courts. The difference between a lawsuit for battery in California and Louisiana lies primarily in the legal principles and procedures that govern these cases within each state’s respective legal systems. While both states recognize the concept of battery as a civil tort, there may be variations in how certain elements are defined and how cases are litigated.

1. Legal Elements: In California, battery is generally
   defined as the intentional and harmful or offensive touching of another
   person without their consent. The focus is on physical
   contact and the absence of consent.

In Louisiana, the battery is called an “intentional tort” or “offense against the person.” It encompasses various types of intentional harm, including physical violence or offensive touching. Louisiana law recognizes both general intentional torts and specific offenses against the person, such as simple battery, aggravated battery, and assault.

Since insurance won’t cover an intentional tort award, Diaz will likely have to pay out of pocket, and he is not making the kind of money he used to as a UFC hero. He could even face punitive damages depending on the rights of the very peeved Petersen. Some people think this is similar to a staged fight to make the Nate Diaz/Paul fight a more oversized purse, but it remains unclear. Either way, it doesn’t seem like Petersen thinks that is true, setting this potential tort as a crime.

1. Legal Standards: California applies an intentional
   tort law standard to establish liability for battery, requiring the
   plaintiff to prove that the defendant acted without consent and that the
   plaintiff suffered harm as a result.

On the other hand, Louisiana employs a “fault” system, emphasizing the intentionality or recklessness of the defendant’s actions. The plaintiff must demonstrate that the defendant’s conduct was intentional or that they acted with conscious disregard for the potential harm caused.

1. Comparative Fault: California follows a comparative fault system, where damages awarded to the plaintiff may be reduced proportionately based on the plaintiff’s negligence or contribution to the incident.

Comparative fault is also recognized in Louisiana, but the state follows a “pure comparative fault” rule. Under this rule, the plaintiff’s damages are reduced by their percentage of fault, regardless of how much they contributed to the incident.

1. Civil Law Tradition: Louisiana’s legal system is based on civil law, influenced by the Napoleonic Code and the French and Spanish legal traditions. It places a greater emphasis on codified laws and statutes. At the same time, California operates within the common law tradition, relying on judicial decisions and legal precedents to guide the interpretation and application of the law.

In Louisiana, the battery is an “intentional tort” or “offense against the person.” It encompasses various types of intentional harm, including physical violence or offensive touching. Louisiana law recognizes both general intentional torts and specific offenses against the person, such as simple battery, aggravated battery, and assault.

Since insurance won’t cover an intentional tort award, Diaz will likely have to pay out of pocket, and he is not making the kind of money he used to as a UFC hero. He could even face punitive damages depending on the rights of the very peeved Petersen. Some people think this is similar to a staged fight to make the Nate Diaz/Paul fight a more oversized purse, but it remains unclear. Either way, it doesn’t seem like Petersen thinks that is true, setting this potential tort as a crime.

Comparative fault is also recognized in Louisiana, but the state follows a “pure comparative fault” rule. Under this rule, the plaintiff’s damages are reduced by their percentage of fault, regardless of how much they contributed to the incident.

It is essential to consult with an attorney specializing in the specific jurisdiction’s laws to understand the nuances and recent developments that may impact a battery lawsuit in California or Louisiana. While Louisiana follows the civil law tradition, some aspects of common law influence can be found in certain areas, such as property law and contracts.

These areas may somewhat incorporate principles and concepts from common law jurisdictions. However, overall, the legal system in New Orleans and the state of Louisiana remains rooted in civil law principles. Fortunately, acting to use the legal system to resolve the matter means each man will stay alive and have his day in court. If you want to learn more about tort law, contact us at (833) LETS-SUE.

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