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NCAA Wrongful Death Suit Could Be a Game-changer for Sports

NCAA Wrongful Death Suit Could Be a Game-changer for SportsThe widow of the former University of Southern California football player Matthew Gee believes her husband died due to repetitive head trauma suffered while playing for the NCAA (National Collegiate Athletic Association) in the 90s. She sued the organization in what many sports attorneys believe could be a landmark wrongful death suit.

Ehline Law and our wrongful death attorneys have helped protect the rights of grieving families and get them the compensation they deserve in pro and semi-pro sports accidents. If you lost a loved one due to negligence, contact us to learn more about your rights.

Matthew Gee Dies, and Widow Files Wrongful Death Suit in Los Angeles Superior Court

Gee was the team captain and played in the NCAA college football game. Soon, he led USC to many victories with his tackles and explosive head blows. After graduating, the Los Angeles Raiders replaced Gee with another player forcing him to quit the game. He married Alana and started his insurance business in Southern California, where he lived a normal life for two decades.

According to Alana Gee, in 2013, Gee lost control of his emotions and would get angry or depressed. He turned to alcohol and would see a doctor for his condition, telling him he also suffered from memory loss as he couldn’t recall incidents for days.

In 2018, Matthew Gee died on New Year’s Eve, with the hospital listing his cause of death as drugs and alcohol combined with health issues. However, Alana Gee, his wife, did not believe the diagnosis of the former University of Southern California football player because Matt’s behavior changed drastically in the last few years before his death.

Alana Gee donated his brain to Boston University’s CTE center, where they studied the brain and reported severe signs of CTE, chronic traumatic encephalopathy, a degenerative brain disease caused by repeated blows to the head. Following the diagnosis, she decided to sue NCAA as they were responsible for protecting her husband but failed to do so.

Lawsuit Against NCAA in Los Angeles Superior Court Leads to Trial

According to the lawsuit filed in Los Angeles Superior Court by Alana Gee, Matt died from permanent brain damage resulting from continuous blows to the head while playing for the Rose Bowl-winning team in 1990.

In the past, there have been many lawsuits against the NCAA by college football players, but Alana Gee’s is the second lawsuit that will be trialed and perhaps the first that could reach a jury.

The lawsuit alleges that the NCAA has kept a dark secret for years and did not warn the players about the severe effects of head blows, slowly killing college athletes.

However, according to court documents, the NCAA stated that they are not responsible for the death of the former University of Southern California football player, blaming his demise on drugs, alcohol, and health problems.

The NCAA lawyers created a story out of Matt Gee’s last few years alive, stating that he turned to alcohol to fill the void left behind after his playing days were over. Lawyers representing the governing body of college athletics said that Gee consumed drugs and alcohol to numb the pain he was experiencing from his numerous health conditions.

In recent years, the issue of concussions occurring from blows to the head in sports, especially football, has taken center stage as more research revealed the serious long-term effects of repeated head blows. Many researchers reported the range of symptoms of those who suffered repetitive brain injuries, from minor headaches to major issues such as depression, Parkinson’s, and many others.

In 2018, the widow of former defensive player for Texas in the 60s, Greg Ploetz, went to trial, and after several days of witness testimonies, she settled the case. In 2016, the NCAA settled a class action lawsuit pertaining to concussions by paying $70 million toward monitoring the health of former college athletes and $5 million for medical research. The organization also had to pay $5,000 to individual players claiming injuries.

The National Football League also faced similar lawsuits in recent years, agreeing to cover 20,000 retired players by paying up to $4 million for wrongful death resulting from CTE. Besides CTE, it also agreed to pay for five other qualifying conditions, and many estimate that it will cost the National Football League over $1.4 billion in payouts across 65 years.

For years, NFL kept denying the association of CTE with football but eventually accepted the research conducted by Boston University’s CTE center in 2016, which found that repetitive head trauma in football led to memory loss, depression, and other brain-related issues.

What’s startling is that the CTE center studied the brains of 111 deceased former NFL players and 53 former college players and found CTE in the brains of 110 former NFL players and 48 college football players.

Five linebackers from the 1989 Trojans squad died before age 50, and Gee was one of them. In the recent NCAA wrongful death suit, the defendants are seeking to exclude testimonies of former teammates, stating that there is no medical evidence Gee suffered concussions during his time at USC.

However, two former teammates testified during depositions that head blows were routine during football, and the management would encourage players to deliver blows with their heads.

Mike Salmon, one of Gee’s teammates, recalled how the linebackers, including Gee, would be “out of it” during hard-hitting practices. He recalled how Matthew would hit with his dead and show signs of a concussion while heading back to the huddle.

Another former teammate, Gene Fruge, stated how it was the player’s job to explode into another player without asking second questions; helmet-to-helmet contact was pretty common.

The NCAA defended itself by stating that head injuries were not well understood back then, and the organization was unaware of the long-term effects of helmet-to-helmet contact.

However, Gee’s lawsuit referred to past studies of boxers suffering from the severe effects of repeated concussions and traumatic brain impacts and also mentioned other studies pertaining to contact sports, especially football.

It stated that the organization knew about the devastating consequences of such sports actions, even during the time Gee played, but refused to warn or protect their athletes. The NCAA put profits above everything else, above the lives of the players who generated revenue for the organization.

Alcohol Use Following Brain Injuries

Some individuals face drinking problems following their brain injury. In a 30-year follow-up study conducted by Bombardier et al., the findings suggested that about one-third of individuals suffering from brain disease start to drink heavily. Drug and alcohol abuse is the second most common symptom after a traumatic brain injury (TBI), next to a major depressive disorder.

In a 2000 study, Alcohol and Traumatic Disability by Bombardier, the findings reported that alcohol use and TBI might have an additive effect, further worsening cognitive recovery. Alcohol consumption following a TBI can lead to an increased risk of injuries and seizures, making it difficult for the injured person to return to work.

A 1997 study by Corrigan revealed that people consuming alcohol after their injury suffer from higher levels of depression and have lower life satisfaction than those without substance abuse difficulties. It identifies post-injury depression as a significant risk factor for alcohol dependence.

The former Rose Bowl winning team member, Matthew Gee, experienced depression and turned to alcohol after suffering a progressive degenerative brain disease. There have been many similar lawsuits where NCAA and NFL settled the cases with the injured victims or their family members.

If the plaintiff’s lawyers can prove that Matthew Gee died of brain and head injuries from football, it can be a real game-changer. Many sports attorneys believe that the NCAA’s attempt towards character assassination is a distraction, and they would not be able to argue the evidence showing Gee had CTE before his death, a disease not caused by substance abuse.

In the event that the NCAA loses the case, they may have to protect their players from any such injuries going forward.

Schedule a Free Consultation with Ehline Law

Losing a loved one due to another’s negligence can be a tragedy, but it is important to act fast if you wish to seek justice and obtain compensation for your loss.

If you lost a loved one because of someone else’s negligence, contact us at (833) LETS-SUE for a free consultation, as you may be eligible for compensation. Our experienced wrongful death attorneys will help assess your case and discuss your legal options.

How Much Is a Life Worth in California?

Los Angeles, CA wrongful death case evaluator

Wrongful Death Values 101

A life can be worth 1 dollar to billions, depending on various facts and legal principles discussed below.
  • Wrongful death survivors will experience lost wages, lost companionship, and other circumstances.
  • How can people even put a value on how much a human life is worth?
  • How many lives equal one? Is there an average price for killing or saving a person?
  • When it comes to lives saved, should we prioritize others above ourselves?

So what’s a life worth in Los Angeles, California, as an accurate demand?

One of the most common questions at Ehline Law Firm is, “What is the “average” or “normal” jury verdict or wrongful death settlement?” Since each death case is unique, there is no such thing as an average wrongful death settlement. However, let our wrongful death lawyers review the regular ranges, and how they impact the case’s reward.

A Dark but Important Question About Life:

There are many questions about wrongful death claims, but there are never enough answers. That is because everything varies depending on the circumstances. Luckily, Ehline Law Firm can help people learn about the dollar value they can receive when they put in a wrongful death claim.

What Is the Average Wrongful Death Settlement for a Life?

The math is full of variables. Analyzing why some cases are worth millions while others cost less than a million dollars could be a full-time job. One wrongful death lawsuit may go to trial, while others get settled before the start of a trial. There may be many unknown factors or obvious ones throughout a court case. This article will explain everything you must know about the price of human life in this business-oriented economy.

A wrongful death suit settlement varies depending on the wrongful act and the individual’s contribution to the life of the surviving spouse, children, or parents. The involvement of an insurance company also affects the amount that wrongful death cases settle for insofar as the total cost of a life.

Below, our wrongful death lawyers will look at and explain some death claim elements that will affect the compensation you may obtain in a wrongful death case.

A Human Life Settlement

Many free articles online claim that people are worth millions of dollars. However, economists have discussed how the average dollar value of one person is a million dollars at UC Berkeley. That is more than enough to buy a new car.

However, what makes up this number, and can people receive this amount after taxes? With a large population, there is no way that every person will be compensated that amount of money when a wrongful death settlement is being spoken about.

Trade-offs Consumers Must Know

Insurance companies and governments consider trade-offs when completing a cost-benefit analysis. If someone’s passing is due to air pollution left by large corporations, the family will not receive any money. The company will see that not many people are dying from the air, so it does not need to pay any money.

However, another example would be if someone lost their life to a negligent doctor.

Two cases would come forward:

  1. a wrongful death case, and
  2. a medical malpractice case.

Saving lives is what a doctor is supposed to do, but if the data shows that the average cost of keeping the doctor in the medical field does not outweigh the costs of future lawsuits and the more Americans they would hurt, this would be a winning case.

Calculating How Much Money You Lost or Stand to Lose

It may seem strange to think of money when grieving the loss of a loved one. No amount of capital can make up for the loss of a child or spouse in a motorcycle accident or on a dream cruise vacation, for example.

Nonetheless, California law permits surviving family members to get compensated for specific monetary reductions, such as: 

  • The value of any household services or transportation. Your wife, for example, may have cooked and done the laundry. Thus, you may need to employ another individual to complete these responsibilities after she passes away due to wrongful death action. You may be eligible for reimbursement to cover these additional costs.
  • Financial compensation for the future. If you were financially reliant on your loved one, the decedent’s death would be a devastating global blow to your finances. You may have entitlement to damages equal to the amount of financial assistance you reasonably expected.
  • Funeral costs and burial expenses
  • You would have received the loss of benefits or gifts if your family member had survived.

It’s challenging to figure out how much capital one has lost or explain it to insurance companies. Nobody knows what kind of employment your loved one will undertake in the future or how much you will receive.

However, based on your loved one’s education, age, experience, and employment history, you may estimate the amount of financial help you would have gotten, including the shortages after injury.

The estate may also file a survival action to recover medical expenses paid before death and the pain and suffering your family members experienced in their final days. But even if you can prove liability, fault, suffering, and financial losses over the decedent’s life span, you may still be forced to file a wrongful death lawsuit for putting your losses right.

Additionally, the decedent’s estate representative may need to file a probate court action and a survival action for any economic damages and pain and suffering of the dead person or other loved ones’ lives.

A top-notch personal injury lawyer from our firm can explain your potential recovery step by step, including any risks. Don’t leave money damage on the table by having regrets over what you would have earned for the decedent’s life after a motorcycle accident, other motor vehicle accident, or tragedy. Always seek legal advice before signing anything or cashing a settlement check.

Intangible Losses in a Wrongful Death Lawsuit

California wrongful death legislation recognizes the emotional grief that family members experience after a loved one’s tragic death.

As a result, you may file wrongful death lawsuits for several emotional losses, such as loss of affection, loss of guidance, loss of moral support, loss of companionship, loss of attention, and loss of intimacy.

These are genuine losses. However, they are more challenging to assess because no bill or receipt defines their value. Instead, you and your friendly, charismatic, experienced attorney need to consider how to prove these intangible damages.

How Much Compensation Could Someone Receive?

Compared to many other normal circumstances, money that would be received after a loved one has passed away is never an easy conversation, but it needs to be done. The team understands that no amount of money could be received to help the pain go away.

However, California law does say that children and the remaining family should receive some pay for their struggles:

  • If the primary house caretaker were to pass, then the family living there may be entitled to benefits to help them complete chores around the house.
  • Another reason would be someone’s income. If the person who passed provides money for housing, food, and other financial responsibilities, these expenses must be considered. The family would be entitled to those future wages or the quarter they pay out of pocket.
  • Any funeral and burial costs that happened would be another figure that could be added to a settlement. The course of a funeral can affect many people because they are expensive. However, this is not fair to the grieving family, so the city or the insurance company should ensure that these services are taken care of.
  • If any medical expenses are to be paid, this would be added to the prices. In a country like the USA, hospital bills and other medical needs tend to be expensive, leaving families in crippling debt for the next year or more. However, they don’t deserve this so that this information will be reviewed and added to the independent case.

Every week, a team member helps more people in different cities negotiate a wrongful death settlement. That is why they know how to create a budget that is in the family’s interests that was left behind.

Things That Cannot Be Put in a Cost-Benefit Analysis

It doesn’t take a law professor to determine how much money could help with losing a loved one in California. It takes a lot of facts, documents, and evidence for a judge, jury, and insurance company to study. That is why a child or a partner can review the case and discuss any emotional distress they believe they should be compensated for.

Some emotional distress that would fall under this category would be:

  • Loss of mutual support
  • Loss of companionship
  • Loss of guidance
  • Loss of affection
  • Loss of attention
  • Loss of intimacy.

When a wrongful death settlement needs to be made, everyone should seek the right advice from the team that will look after them every time. They do not need to spend money on someone help who will not put their best interest first.

The team at Ehline Law Firm will not rest until their clients are happy with the result because they understand the finances that need to be looked at for the case. Also, with decades of combined experience, there is no risk when contacting someone from the office to visit the website.

Overall, case management will be taken care of thoroughly, which is why you can finally have a breather. The economic side of everything can be daunting. Still, the team will ensure that everything, including inflation, has been considered and put into the estimates into the correct categories.

Lastly, they will ensure that your voice is heard at all points because that is what matters. There is no point in spending hours when the family does not know what is happening. Instead, every adult involved will know what to expect since the team will be open to calculating the cash value and help you weigh the risks versus benefits of proceeding to trial.

Conclusion

In California, Ehline Law Firm has established itself as the “go-to” firm for wrongful death settlements. We know what you need to show to win your wrongful death case and are experts at hunting down the evidence you need.

An experienced wrongful death attorney from Ehline Law Firm in California has years of expertise negotiating advantageous settlements for our clients that adequately compensate them for potential economic losses and emotional pain after a fatal accident. It’s natural to feel unhappy, angry and scared about the future after the death of a loved one.

A personal injury attorney from Ehline Law Firm takes over your wrongful death lawsuit and begins preparing a wrongful death claim against the defendants. This resource helps you spend more time with your family members dealing with anguish, grief, and lost bills after lost earnings solutions.

Schedule a Free Consultation with our Wrongful Death Attorneys Today

We value our attorney-client relationship, meaning you can trust that our legal advice regarding your wrongful death claim is in your best interests. Our Los Angeles wrongful death lawyer holds liable parties responsible.

Contact us at (213) 596-9642 to begin the process and speak to a wrongful death attorney. You can also use our convenient online contact us form any time of day, 24/7.

Can Ashli Babbitt’s Family Win Their Jan 6 Wrongful Death Case?

Yes. With a San Diego jury and the District of Columbia’s Wrongful Death Act, they have a shot at a less “woke” outcome. Let’s face it: Judicial Watch is banking on a more conservative, pro-military jury. And San Diego, where I was stationed, is about as apple pie as you can get. Besides the D.C., “Administrative State” juries are known to crucify entrepreneurs, Republicans, and conservatives, with little love for vets. So, in a turn of events that continue to captivate, confound, and polarize the American public, the surviving husband of Ashli Babbitt – unarmed – is readying a wrongful death lawsuit in connection with the tragic events of January 6 near the House Chamber and Speakers’ lobby, shown here:

Photo of east entranceway to Speaker’s Lobby

Some argue it was an insurrectionist mob; others argue a few protestors rioted. Still, others say that the U.S. government instigated it. They allege the Department of Justice worked with social media and the left to distract from significant voting irregularities as well as the Hunter Biden Laptop censorship. As facts speak the truth, countless lives have been harmed, and the suit claims department policy was not followed, and proper use of care over the use of force was violated.

But can the husband prevail in his quest for justice? I am an award-winning wrongful death attorney, Michael Ehline. I have practiced law in San Diego, California, and the entire state of Texas. I have traveled throughout the country. I can attest that many people do not trust the media narrative, especially the lawmakers who ran the so-called January 6 Committee. The more the government tries to label things as misinformation or misinformation, the more people see it as “Orwellian.” People look at journalists at NBC News and assume it is political propaganda.

This case commands our attention. As a lawyer, I will approach this with an evidence-based approach. As we delve into this intricate and dynamic matter, we must address myriad intertwining factors, from political figures and law enforcement authorities’ controversial actions—or inaction—to the intense polarization of views on election legitimacy. You had better believe that civil discovery will be the hill this case if fought over.

It appears there were vast numbers of undercover informants and law enforcement involved in guiding protestors, as well as rowdy people there for an unlawful or nefarious purpose. As time went on, we saw the Twitter Files and newly released footage of that fateful day. As months go by, it has become clear we were spoon-fed a political narrative that failed to tell all sides of the story.

“In a multilayered, post-truth era, establishing a clear-cut cause and effect becomes a monumental task. Yet, it’s through this maze that we must navigate to explore the potential outcome of the Ashli Babbitt case.”

The Broad Strokes 

Before we plunge into the meat of our analysis, it’s essential to outline the key events and figures linked to this legal quandary involving our Washington, DC, Justice Department.

These include: 

  • Ashli Babbitt: A 35-year-old Air Force veteran who was fatally shot during the January 6 Capitol Riot.
  • The Babbitt Family: Asserting that Ashli’s death was needless and unlawful, they are gearing up for a wrongful death lawsuit.
  • Nancy Pelosi: Critics claim the Speaker of the House allowed the Capitol Riot to happen, redirecting blame from allegations of election manipulation to MAGA extremists.
  • Capitol Police Lt: Shoots/Kills Babbit after she purportedly tried to climb over a barricaded door through the broken window.
  • D.C. Police Chief: Interviewing the top cop sheds light on law enforcement preparedness and actions on that fateful day.
  • National Guard: Debate continues to stir over why they weren’t deployed at the Capitol and House Floor during the riot.
  • The Lawsuit

With these players on the chessboard, let’s unravel the twists and turns of this complex case. Throughout our journey, we will draw from the rich experience of the Ehline Firm, a leading player in wrongful death, and its impact on other personal injury matters within law courts.

Let’s examine the credentials of The Ehline Firm, at its staff, a stalwart in the arena of wrongful death and personal injury cases. They are reputed beings who transform the difficulty into a comprehensible narrative, which helps to scrutinize each narrative frame more precisely. We are not handling this case, but it’s the type of case we would file on behalf of you or your loved ones.

Dissecting the Ashli Babbitt Case 

Apparently, this case is being run by the best, Paul Orfanedes and Robert Patrick Sticht, based on the pleadings. I know Paul is a legit litigator, so I look forward to seeing his briefs. To briefly recap, Ashli Babbitt, as facts speak the truth, an Air Force veteran, died during the Capitol Hill riot on January 6 when she was struck by a bullet fired by a plain-clothed law enforcement officer at close range. Her death was a tragic one. 

The crucial question we ponder is, can her family win a wrongful death case? 

Typically, deciding this involves cut-and-dry evidence that the defendant’s actions caused the death and if these actions were negligent or indicate a deliberate disregard for human life. In Babbitt’s case, the challenge lies in proving that the officer’s response was not a consequent reaction to the perceived threat but one that encapsulates negligence or ill intent. 

Weighing Nancy Pelosi’s Role 

Many critics lay substantial blame on Speaker Nancy Pelosi, alleging that she failed to call in the National Guard to prevent the riot’s escalation. They speculate her inaction was a strategic move to shift public discourse from alleged election fraud to labeling the rioters as right-wing extremists. 

Capitol Police Officer Shoots Decedent in the Chest?

GSW to the chest

The legal action, coinciding with the three-year mark of the Capitol incursion by Trump loyalists, caused a few homes to think they could halt the certification of Biden’s victory. The survivors demand $30 million in compensation. Babbitt was fatally shot in the chest by Lt. Michael Byrd, a Capitol Police Officer who was allegedly part of a task force safeguarding Congress members in retreat. 

Here is Video of Byrd (Capitol Police Lt) Killing Babbitt

Reportedly, Babbitt was hit when she hoisted herself into the shattered window frame of a door under siege by the insurgents. But the video shows that Babbitt was shot by the plain-clothed capitol police near the Speaker’s lobby through a barricaded door. Byrd’s side claims Trump supporters are dangerous MAGA, based on their imminent threat assessment.

The lawsuit states deadly force was unnecessary, as demonstrated in the video evidence of how she was shot and killed on behalf of Babbitt’s estate.

The Capitol Police, Capitol Police Board, and ultimately Congress, as
Lt. Byrd’s employer, knew or should have known that Lt. Byrd was prone to behave
in a dangerous or otherwise incompetent manner and owed Ashli a duty to use
reasonable care in supervising, disciplining, and retaining Lt. Byrd.
78. Less than two years before January 6, 2021, on or about February 25,
2019, Lt. Byrd left his loaded Glock 22 – the same firearm he used to shoot and kill
Ashli Babbitt – in a bathroom in the Capitol Visitor Center (CVC) complex. Lt.
Complaint for Assault and Battery, Negligence, Survival and Wrongful Death
- 27 -
Byrd’s loaded Glock was discovered during a routine security sweep later the same
day. Approximately 15,00 to 20,000 people pass through the CVC,

At issue are Byrd’s actions, but discovery could blow much of the official U.S. government narrative off the hinges. Based on the D.C. chief and others, it appears that standards were not followed and that lives were risked to create a political narrative if Judicial Watch proves correct in its facts.

The DC Police Chief Interview: A Thread to Unravel 

Throwing fresh light on the developments of the case, an interview with the D.C. police chief mentioned Pelosi denying the National Guard’s deployment earlier. One could guess this potentially supports the theory of Pelosi’s role in letting matters exacerbate, but remember; this does not impeach her legally. 

Imagine being inside a movie-style conspiracy thriller, one where the authorities had prior knowledge of an impending attack but turned a blind eye. Sounds shocking, right? That’s the chilling belief of ex-Capitol Police Chief Steven Sund. He alleges that the January 6, 2021, U.S. Capitol insurrection was no surprise to the top brass of the government, and yet it was allowed to happen. A vague sense of foreboding that could have, and should have, been averted. So what does this potentially mean for the events that unfolded that day and their ongoing legal repercussions? It’s a winding path, so let’s navigate it step by step. 

“If I was allowed to do my job as a chief, we wouldn’t be here,” Sund said in the interview. “This didn’t have to happen. Everything appears to be a cover-up.”

Twisting Threads of the Cover-Up Theory 

Suppose Sund’s allegations are found to be true. In that case, it shines a disturbing light on the deep-rooted problems and secret understandings true within the system, potentially undermining the ongoing trials related to that fateful January day. 

  • The previously unaired interview, leaked by The National Pulse, points fingers towards people in power, raising questions about potential cover-ups and negligence.
  • Potential fallout for the Babbit wrongful death case – a controversy that is already under heavy scrutiny and brimming with tension.
  • Ex-President Donald Trump’s ongoing, contentious legal battle involving four criminal charges directly tied to the January 6, 2021, riot could see unforeseen developments.

So, where does this leave us? Stay with us as we delve deeper into these revelations and their possible implications.

The legal action, coinciding with the three-year mark of the Capitol incursion by Trump loyalists intending to halt the certification of Biden’s victory, demands $30 million in compensation.

Conclusively, the onus is on Ashli Babbitt’s family to prove that her death resulted from actionable negligence leading to her wrongful death. Ehline Firm’s proven track record in managing similar cases could provide essential insights into their legal battle. Remember, understanding the prospects of winning a lawsuit involves lots of variables, and this disentangles a few of these.

In an incredibly revealing interview, the D.C. Police Chief highlighted several intricate aspects of the harrowing incident. The pivotal points raised in the discussion provide additional layers to our understanding of the complex dynamics. 

Recall the mention of the delayed deployment of the National Guard. Let’s delve a bit deeper into this.  

The Dilemma of Deploying the National Guard 

In the interview, the stark reasoning on why the National Guard was not immediately deployed becomes evident. The DC Police Chief stated that law enforcement was reticent about an excessive military presence, worried it could inflame the already charged atmosphere. It was a classic catch-22: leave the Capitol relatively undefended or risk escalating tensions with a massive military show. 

Distilling the Pelosi Angle 

For those looking to unmask what many perceive as ‘Nancy Pelosi’s plot,’ the situation requires a meticulous examination. The theory holds that Pelosi enabled, or perhaps even instigated, a riot to distract from potential election fraud accusations. The subsequent chaos successfully diverted attention and cast MAGA supporters in an intensely negative light. 

Whether Pelosi’s actions or lack thereof, were intentional or grossly negligent remains shrouded in ambiguity. One thing is sure, though—the accusations have created political ripples and become a crucial subplot in Ashli Babbitt’s narrative. 

Husband of Ashli Babbitt files wrongful death suit against government

Judicial Watch came through for the husband, with attorney ROBERT PATRICK STICHT at the helm. The conservative legal advocacy group Judicial Watch filed a lawsuit in a California federal court for Aaron Babbitt and his estate. Here are some powerful excerpts from the complaint:

“Lt. Byrd’s police powers had been revoked on more than one occasion prior to January 6, 2021, for failing to meet or complete semiannual firearms qualification requirements. In fact, Lt. Byrd had a reputation among peers for not being a good shot. Under USCP’s range management system, an officer who fails to meet firearm qualification requirements is given one week of remedial training. If the officer still fails to qualify after remedial training, police powers are then revoked until the officer qualifies.

Lt. Byrd’s police powers also were revoked for a prior off-duty shooting into a stolen, moving vehicle in which the occupants were teenagers or juveniles. The stolen vehicle was Lt. Byrd’s car. Lt. Byrd fired multiple shots at the fleeing vehicle in a suburban area. Stray bullets from Lt. Byrd’s firearm struck the sides of homes nearby. An official investigation found that Lt. Byrd’s use of force was not justified. Lt. Byrd also had one prior use of force matter that was originally sustained by the Capitol Police.”

Here is a copy of the federal complaint.

Causes of action include, among other things,

  • ASSAULT AND BATTERY
  • NEGLIGENCE
  • NEGLIGENT SUPERVISION
  • DISCIPLINE AND RETENTION
  • NEGLIGENT TRAINING
  • SURVIVAL
  • WRONGFUL DEATH.

The legal team leveled accusations against Byrd, claiming a breach of mandatory protocols related to firearm safety, application of force, and assessment of imminent threats. 

Moreover, they contended that during the incident, Byrd wasn’t in his uniform, made no declaration of his identity as an officer, and egregiously failed to provide any warning or directive to Babbitt before the fatal shooting. As the investigation and discovery unfold, we will give you a blow-by-blow.

In conclusion, I work with many First Amendment auditors, and based on what I see, failure to de-escalate and us versus them are often a facet of these cases. Yes, Babbitt’s survivors can win. It’s doubtful she will get the results in the George Floyd case, but the lack of riots and billions in property damage and deaths over her senseless killing honors her as a real American hero. Ultimately, I found it interesting that the D.C. Chief felt at least some DC activist insiders were trying to start a riot. So I am hoping discovery helps us understand if politics killed Ms. Babbitt, may God rest her soul.

Baldwin’s Wrongful Death Settlement Invalid for Fraud After ‘…Facts Have Come to Light’?

Yes. General settlements can be unwound if the evidence is concealed to try and settle. In this case, Alec Baldwin and Rust Movie Productions needed to avoid the possibility of litigating a wrongful death lawsuit by survivor Matthew Hutchins so Baldwin’s legal team could focus on placating District Attorney Mary Carmack-Altwies. The bullet killed Halyna Hutchins, 42, and wounded director Joel Souza. Matthew Hutchins, 39, and their son, Andros, 10, ultimately settled their lawsuit with the actor. Though he was charged with involuntary manslaughter, he maintained he didn’t know the prop gun was loaded and that it was faulty, and the charges were dropped. Now they are set to be refiled, reports NBC News, following tests on the weapon. (Source – BoingBoing.Net.)

I am Los Angeles personal injury attorney Michael Ehline. I am an inactive US Marine, small arms expert, and excessive use of force expert. When I first saw this case go down, I knew immediately that Baldwin was criminally and civilly liable with ZERO defenses I could understand. I presumed the civil settlement was Baldwin’s effort to mitigate the expected murder prosecution over Halyna’s final work on this earth. Like clockwork, the anti-Second Amendment, far-left actor and his production company were accused of using his far-left political connections to get the criminal charges tossed, and they were tossed.

However, as I also believed, Baldwin’s B.S. defense that he never pulled the trigger, or there was some hair-trigger modification, would never pass legal muster, and it didn’t. This is why I wrote this article. And I presume the Hutchins settled their wrongful death lawsuit based upon this blatant falsehood and the risks of losing a civil trial.

This article is not about the case filed by Gloria Alred on behalf of Ms. Hutchin’s parents, nor is it really about the entertainment community generally. My experience, knowledge, and skill in firearms and civil suits make me California’s pre-eminent shooting accident attorney. Let’s get into the facts and safety protocols as we pay tribute to Halyna Hutchins and further expose hothead movie actor Alec Baldwin.

Could Baldwin’s Wrongful Death Settlement be Unwound for Fraud?

For this tragic accident, absolutely. First of all, to understand, we must ask whether the evidence warrants criminal charges. Special prosecutors said Tuesday they are seeking to re-file criminal charges against actor Alec Baldwin for his role as the triggerman in the 2021 fatal shooting of Halyna Hutchins. Our viewers will recall Baldwin gunned her down on a Western movie set in New Mexico and blamed his grips, stagehands, and the gun for being modified.

The FBI concluded that the gun could not have been fired “without a pull of the trigger,” which contradicts Baldwin’s account of how he handled the weapon. (Source, USA Today.) Although assistant director David Halls, responsible for set safety, signed a guilty plea for negligent use of a deadly weapon since he “may” have mishandled the gun before giving it to Baldwin, I suspected this was an effort to protect Baldwin. In any event, Matthew Hutchins, the husband of deceased cinematographer Halyna Hutchins, entered into “The proposed settlement announced today in Matthew Hutchins’ wrongful death case against ‘Rust’ movie producers, including actor Alec Baldwin, in the death of Halyna Hutchins…” was approved by the court.

Expert Findings Change Everything?

New Mexico-based prosecutors Kari Morrissey and Jason Lewis said they’ll present evidence to a grand jury within the next two months, noting that “additional facts” have come to light in the shooting on the set of the film “Rust” that killed cinematographer Halyna Hutchins.

Baldwin, a film’s coproducer, pointed a gun at Hutchins during a rehearsal on the film’s set outside Santa Fe when the gun went off on Oct. 21, 2021, killing her and wounding director Joel Souza. “Additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza,” Morrissey and Lewis said in an email.

“We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial.”

The Fraud on the Court?

Baldwin has said he pulled back the hammer — but didn’t pull the trigger — and the gun went off. “Unfortunately, a tragedy has been turned into this misguided prosecution. We will answer any charges in court,” attorneys Luke Nikas and Alex Spiro stated in an email regarding their representation of Baldwin.

In the initial stages, special prosecutors dismissed an involuntary manslaughter charge against Baldwin in April, citing information suggesting potential modifications to the gun before the shooting, which may have led to a malfunction. Subsequently, they reconsidered the possibility of refiling a charge against Baldwin after receiving a new gun analysis.

This recent analysis of the firearm, conducted by ballistics and forensic testing experts based in Arizona and New Mexico, involved using replacement parts to reconstruct the gun that Baldwin had discharged. This was necessitated by prior damage to the pistol during earlier testing conducted by the FBI.

As a general principle, the potential to challenge or unwind the terms of a confidential civil injury settlement due to fraud, misrepresentation, or false statements about how Hutchins was shot and killed by the defendant exists. However, the complexity of this process hinges on various factors, including the case’s unique circumstances and Santa Fe, New Mexico law.

How Are General Settlements Invalidated?

Here are some key points to consider:

Fraud or Misrepresentation

If Matthew Hutchins can demonstrate Baldwin and his co-conspirators engaged in fraudulent activity (provided false information or deliberately concealed essential facts during the settlement negotiations), this could form the framework to challenge the settlement.

  • Legal Recourse: Huthcins, as the injured party, would typically file a legal action to set aside the settlement with the court’s intervention.
  • The burden of Proof: Since Hutchins would seek to set aside the settlement, we would have the burden of proof that his settlement was based upon misleading statements or previously unknown evidence. He would need to show evidence of fraud or misrepresentation.
  • Court’s Discretion: The court would have to consider the evidence and circumstances surrounding the settlement to determine whether it should be set aside, considering the impact on justice and fairness in Santa Fe, N.M., and other jurisdictions.
  • Confidentiality Agreements: Confidentiality clauses are common in settlement agreements, and if the settlement is unwound, the confidentiality obligations could be affected. In other words, once you sign on the dotted line, it becomes exponentially more difficult when cases involve financial awards such as this one does. So, the ultimate decision will lie with the judge who approved the settlement, likely after having evidentiary hearings scheduled with Baldwin’s defense attorneys.

New Criminal Charges Show Evidence of Deceit in Original Dismissal?

The most recent expert report examined the gun and markings on the spent cartridge. They concluded the trigger must have been pulled or depressed, as I said the very next day after I saw this on CNN.

The analysis, conducted under the direction of Lucien Haag from Forensic Science Services in Arizona, determined that despite Baldwin’s repeated denial of pulling the trigger, the available tests, findings, and observations strongly suggest that the trigger must have been pulled or depressed with sufficient force to release the fully cocked or retracted hammer of the revolver in question.

Armorer Hannah Gutierrez-Reed, the weapons supervisor on the movie set, is facing charges of involuntary manslaughter and evidence tampering and has pleaded not guilty. Her trial is set to commence in February. In March, David Halls, the assistant director and safety coordinator for “Rust,” entered a no-contest plea for unsafe firearm handling, resulting in a suspended six-month probation sentence. Halls also agreed to cooperate in the investigation of the shooting incident.

The shooting that occurred in 2021 led to a series of civil lawsuits, primarily centered around allegations that the defendants failed to uphold adequate safety standards.

Assuming the judge and prosecutors refile criminal charges or not, Matthew Hutchins, Halyna’s family, and others involved in the settlement may be able to invalidate the same and move forward with their civil case, as discussed above. But there is more to the story.

Alec Baldwin Loses Another Court Battle Against His Crew?

Alec Baldwin’s legal challenges continue to persist. A New Mexico judge has denied the actor’s motion to dismiss a civil lawsuit filed by production crew members of the film “Rust,” as reported by Fox News. Judge Bryan Biedscheid also rejected Baldwin’s request to postpone the resolution of the civil suit until the completion of the criminal proceedings related to the matter, according to Fox.

The three plaintiffs in the civil lawsuit served as contractors on the set of “Rust.” They have accused Alec Baldwin and his company, El Dorado Pictures, of fostering an unsafe working environment during the film’s production in New Mexico.

The plaintiffs have alleged damages that include hearing loss, temporary deafness, and vibrational shock resulting from their experiences on the film. They have claimed that the production took shortcuts in terms of safety measures, highlighting a shooting schedule that was initially intended to last only 21 days.

Three Crew Members Say Baldwin Engaged in Unsafe Firearms Practices

“He did not request that anyone verify or demonstrate the revolver’s safety before this exchange.”

“And he did not ask to see whether ammunition was present inside the revolver’s chamber — despite his knowledge of the observable differences between a live and dummy round, and a loaded and unloaded chamber.”

“Instead, Defendant Baldwin accepted the revolver without any verification that it was a ‘cold gun.'”

Baldwin attorney Robert Schwartz asserted the court’s refusal to dismiss the suit is a “real injustice” and “unnecessary.” He said 16 months between the shooting and filing the case was untimely. I am not a New Mexico lawyer, so I don’t know what the statute of limitations was in that matter. Do you know? Send us an email.

Conclusion

We just discussed the potential new criminal charges against Actor Alec Baldwin over false statements about never pulling the trigger on the single-action revolver that killed Halyna Hutchins. The New Mexico special prosecutor, Kari Morrissey, mentioned no final decision had been made in refiling criminal charges against Baldwin. Still, based on our research, assuming Matthew Hutchins settled based on a false story that Baldwin never pulled the trigger, we believe the court could unwind the civil charge and allow the family to pursue their wrongful death lawsuit for more money, even if the original statute of limitations may have run against the lead actor. We want to hear what you think. Contact us for retractions or to help provide context with additional information.

Can a Skateboard Be Used To Kill Someone?

Michael Ehline, Skateboard Death lawyer

Yes. Skateboards can be used as deadly weapons. I am attorney Michael Ehline. As a youth, I was a “skate punk” (a bad guy) and rode a purple Simms, Lester with purple and black B-52 wheels and heavy Independent Trucks. If you don’t know what any of that stuff is, I’ll explain it all later from a lawyer’s perspective (a good guy) with more than ordinary knowledge of the laws across state lines.

Generally speaking, I can attest to the deadliness and effectiveness of a skateboard as a deadly weapon from a victim’s perspective, defending with and being assaulted by an attacker wielding a skateboard.

Yes. I was beaten unconscious with a skateboard when skating the Blow Hole in Yorba Linda, CA. I received a concussion, a broken hand, and a shattered foot, and I suffered lacerations, cuts, and bruises on my face, head, arms, back, and torso.

If I had a gun, you had better believe I’d used it to defeat the attack. I still experience problems with my arthritic hand and shattered foot, as the tendons and connective tissue never healed properly.

Skateboard Culture and Violence?

Many people associate Van’s Tennis Shoe-wearing skateboarders from my generation as rebels from a “skate or die” Gen-X past. But that bad boy image has lasted, making many women and children use the other side of the street when faced with street skaters smoking weed, drinking beer, and tearing up planters and drainage ditches as half-pipes.

Skateboard As A Tool To Escape?

Not every state requires you to flee from danger before confronting and fighting it. However, if you wanted to flee an attacker on your “assault skateboard,” it’s not a very efficient mode of transportation for a victim to use.

Nor is a skateboard an effective method of escape from a crime scene, primarily after it was recently utilized to assault another person. It could have popped the trucks out, hindering your ride to freedom.

Locals Only and Self-Defense?

The locals-only culture has also survived. Naturally, fights break out over the hot spots to jump in on your skater. But you may have to protect yourself if you experience bullying from locals. Even then, there is no guarantee that you can fight out of a group of angry skaters. A heavy skateboard could cause a lot of destruction if wielded to aid your escape.

Conversely, a bully or their gang could beat you or even the security guard there to guard the property to death with their skaters. Either way, it’s a no-win situation. If a court does help you, don’t expect a broke skater to pay you much in the form of damages or restitution for your medical bills, pain, and suffering.

What About Skateboards And A Private Property Owner?

The property owner or property owners could be prosecuted criminally, along with both the defenders and the attackers. At the same time, the victim awaits the jury to return with a verdict that may not prove self-defense.

If someone dies, expect an obsessed parent and the decedent’s loved one to file a civil wrongful death claim against the property owners and everyone else. They will always consider it murder. And no parent will even admit their bundle of joy could harm anyone.

It’s no use arguing with them, even when a witness or video evidence shows the decedent was attacking you, leaving you with no choice but to defend or attack your way out of a kill zone on private property. Even with witnesses, they could still be biased. So ultimately, you can use a skateboard to cause significant bodily injury.

But caveat emptor (buyer beware), it’s better to stay away from crazy people who care about turf or like to burn and riot while skateboarding. (For example, the attacker in the Rittenhouse case could have easily killed Kyle had Kyle not stopped his attacker with an AR-15).

What About The Kyle Rittenhouse Case and Why It Matters?

A deadly weapon is defined in California law as any instrument that may be used to kill, harm, or incapacitate a human being. In the Rittenhouse case, the prosecutor argued that Rittenhouse should have “taken his beating” and allowed his attackers to continue striking him in the head with the heavy skateboard trucks, impacting the back of Kyle’s skull.

Although the prosecutor knew a skateboard could kill, his argument was since Kyle had a gun, he deserved to get the shit beat out of him by somebody at a BLM riot, which was setting fire to businesses and looting stores nearby.

By most journalists in the mainstream press, Rittenhouse was immediately labeled a racist and white supremacist to dehumanize him for exercising his Second Amendment rights. They argued that the convicted, violent felon he had just killed, Anthony Huber, was trying to make a citizens arrest and disarm Kyle by chasing him and striking him in the head.

After all, Rittenhouse had just shot another violent rioter who was also chasing Kyle because Kyle tried to put out a fire ready to ignite a gas station lit by the “protestor.” The anti-Second Amend faction argues that skateboarding is not a crime and that Rittenhouse is a racist who should have “taken his beating.”

After all, they reasoned, Rittenhouse never underwent a background check to carry the AR15, so he deserved what he had coming. You can’t shoot unless you have your papers in order. At least, that’s the point.

The fact the people who chased Kyle and struck him were audibly heard on video saying “kill him” and “fuck him up” has no relevance from the prosecutor’s gun-free utopian perspective. Their answer was to paint Rittenhouse as a white nationalist “vigilante.”

Should Rittenhouse Have Stayed Home?

I am the first person to say Rittenhouse would have been better off staying home. But as the jury determined, Rittenhouse was carrying and legally possessing a firearm, which is an inalienable right.

A skateboard is just as deadly as a gun when in the hands of a determined felon criminal. That’s what the jury found here. And that is precisely how it happened, despite the false and allegedly defamatory statements we heard from CNN, MSNBC, Atlantic, WaPo, and the usual sensationalist media pundits.

The news media’s idea was to convict Rittenhouse in the press, ignore the fact a skateboard kills, and avoid being sued for defamation. When the jury returned a guilty verdict, the media pressured them to return.

It was even alleged that NBC followed jurors around in a potential attempt to intimidate them. We know that BLM and ANTIFA supporters have violently broken into residential housing complexes to get at their political rivals.

So the intimidation is real if they can find you and hold a “mostly peaceful” protest with Molotov cocktails outside your child’s bedroom, for example. The judge determined this behavior was wrong and prohibited the news agency and its friends from entering the court once he learned about the potential plot.

The media’s failure to accept facts, and inject made-up narratives with zero foundation, has all but assured Kyle Rittenhouse would eclipse Nick Sandman as the largest-ever defamation award granted against big tech and their “progressive” allies in the federal, state, and local media.

See and Hear Below Video

I don’t feel using a weapon for personal defense constitutes a death warrant to be beaten with a skateboard and a bunch of hardened, convicted, violent felons in Wisconsin. The threat is real.

Self-defense enthusiasts argue that if ANTIFA and BLM, and their news media allies don’t want ordinary citizens to defend themselves with a gun, they can always call for a Constitutional Convention and prevent the government from recognizing your pre-existing right to keep and bear arms.

But what about the damage that can be done with a car or a skateboard as a deadly weapon? Progressive advocacy organizations are screaming to take away your expensive guns and ammo, but will assault skateboards soon be on the Roberti-Roos list of registered assault weapons?

“But this is the state of public prosecution modernly, with prosecutors backing criminals and victimizing victims according to many public safety organizations, including police unions,” said Greg Pope, USMC Military Police, Ret. In the meantime, buy a skateboard and learn how to use it. It may be your only tool of defense.

Biomechanics of Deadly Bludgeoning Weapons, Including Skateboards

Although a skateboard is not designed to attack people, like other items of sports equipment, it’s easy for any reasonable person of average intelligence to understand just how deadly a skateboard can be, whether it’s wielded or thrown to strike a person in a fight actively.

You only have to get hit by a loose board in the shins or head once to know how deadly a skateboard can be. Let’s break it down from a scientific perspective.

Skateboard decks range in weight from 7 to 10 pounds. It will be composed of between 6 and 9 layers of pressed wood and epoxy with a thickness of about 10 millimeters.

The weight will be concentrated on a region about 1cm by some inches long along the approximately 5cm base of your skull, in the Rittenhouse example above, owing to the wheels/bearings and trucks on each end.

Although a skateboard may not be very effective as a throwing weapon, it is a classic example of a bludgeoning weapon. It remains large and heavy enough to cause a fatal blow to a person’s head easily.

Tips About Bringing A Skateboard To A Gunfight

Could you not do it? The violent felons who were burning buildings argued to authorities they were heroes, chasing after Kyle, trying to disarm some crazy kid with a gun who should be in school. They say that, as the prosecutors, Kyle should have let them grab the barrel of his gun, become disarmed, and been beaten by the rest os Kyle, heard them shout, “kill him.”

“That’s absolutely the American way of life to them. Justice means equity, equity means mob justice, and defunding police officers,” said Kathy Wanser, a single mom living in Carlsbad, CA.

“That is exactly the definition of vigilantism being attributed to Rittenhouse,” according to Jack Daniel, former Wisconsin City Attorney.

What are Some Other Everyday Items That Can Double As Weapons?

ANTIFA teaches its members organization to use makeshift weapons like frozen water bottles. Their anti-fascist team uses these missiles to throw at police, business owners, and other people in or around areas they throw riots.

Other weapons these “pro-democracy” groups use to harm people are hammers and screwdrivers. Although a skateboard isn’t as effective as an AR-15 at fending off a violent rioter, it’s often enough to intimidate multiple attackers from assaulting you. A group may turn tail when faced with a dude swinging his skater violently.

In the Rittenhouse case, his attackers saw he had a gun, yet that didn’t stop them from chasing him, as they shouted: “kill!”

If you connect and land your skateboard on someone’s head, you will see stars when those trucks make contact, assuming you are not knocked out entirely.

Like Most Things, With A Skateboard “Size Matters”

Several types of skateboards, from electric skateboards, gas-powered skateboards, trick skateboards, and street skateboards, are used for differing circumstances by different types of skateboarders.

Skateboard Is More Effective As a Flanking or Surprise Attack?

If you can gain the advantage and attack someone from behind, your skateboard will most effectively kill a person. The board’s rugged wheels, trucks, and hard edges can exert incredible inertia and force. Imagine being struck in the windpipe with the edge.

You can also use your skater as a shield to fend off another skateboard. As the attacker in Rittenhouse demonstrated, the board as a weapon is best when used for surprise attacks, especially from behind.

Recent Examples of Skateboards Used As A Deadly Weapon In The News

On November 25, 2015, in Santa Ana, California, a man died after being struck in the head with a skateboard while engaged in mutual combat. (Source).

However, in that case, ABC News reported this was a justifiable homicide, similar to the Rittenhouse case. In another terrible issue, the Humboldt County jury convicted a man of involuntary manslaughter for the skateboard killing death of Bernhard “Ben” Britain, 58, on

Christmas in 2018. The fact relate the decedent died three days after helping defend another person in a physical altercation at the Burre Center in Eureka, CA.

The facts relate that a skateboard wielded by Jason Ryan Barnes was used to batter a laundromat employee. Barnes tried to help, and he was beaten with a skateboard.

“An autopsy by Napa County Forensic Pathologist Joseph Cohen determined that Mr. Bertain’s spleen had ruptured due to an expanding hematoma caused by blunt force trauma to the torso.” (Source North Coast Journal).

Legal Exception For Use of Skateboard In Self Defense?

Under California law, you have no duty to retreat or run from an attacker. As we saw in the Rittenhouse case, he tried to run away, only to be hit from and attacked from behind. Had Kyle stood his ground and fired, he would have avoided the risk of being killed.

If you don’t have an actual weapon like a gun, that clumsy skateboard can easily smash the hell out of your attacker. Since It’s not declared a gun by the state, it doesn’t have the stigma of a gun to the emotionally driven public at large.

Conclusion

Security guards and property owners hate skateboarders. Skateboards and their use can cause great bodily harm. The Kyle Rittenhouse case highlighted the way a determined attacker can use a skateboard to maim or kill a law-abiding citizen near their favorite skate spot in town.

Just about any small, blunt object, including a skateboard, can kill in an attack or while on the defense. The defense argued that a young kid, Kyle Rittenhouse, would be dead if it weren’t for guns. To doubt that is to ignore that all three of his attackers were violent felons, say Kyle’s defense team and lawyers. Don’t forget there was no cop on duty patrolling this area that night helping.

The intent of rioters acting as a mob that night was clear. If you find yourself in a similar situation, you may have no other way to protect yourself than your skateboard. The best way to avoid using a skateboard as a weapon is to live or move to an area where the locals respect authority and the rule of law. You can’t afford the costs of defending a murder case, even if you’re innocent.

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