Setx fan Posted May 22 Report Posted May 22 15 minutes ago, 89Falcon said: Got it, so this is a unique situation. Doesn’t look good for the coach. Pretty low hanging fruit for lawsuits as well. Every situation is unique. Not many times will you see 2 situations that are exactly the same. Still doesn't make him a criminal
89Falcon Posted May 22 Report Posted May 22 11 minutes ago, Setx fan said: Every situation is unique. Not many times will you see 2 situations that are exactly the same. Still doesn't make him a criminal We will soon find out. What will make the situation criminal is the statute and the DAs reconciliation of the facts with the statute. We do know for certain that the coach came up with the drill and then instructed the kids and the kids went to the ER. Whether that fits the statute remains to be determined. I am nearly 100% certain that the parents will be scoring a considerable law suit.
Setx fan Posted May 22 Report Posted May 22 13 minutes ago, 89Falcon said: We will soon find out. What will make the situation criminal is the statute and the DAs reconciliation of the facts with the statute. We do know for certain that the coach came up with the drill and then instructed the kids and the kids went to the ER. Whether that fits the statute remains to be determined. I am nearly 100% certain that the parents will be scoring a considerable law suit. What statute?
Setx fan Posted May 22 Report Posted May 22 2 minutes ago, 89Falcon said: Texas 22.041 Doesn't fall under that category far as I can see
89Falcon Posted May 22 Report Posted May 22 7 minutes ago, Setx fan said: Doesn't fall under that category far as I can see 1. Were the victims children? 2. Were they under the supervision of the coach? 3. Were they injured? 4. Was the activity introduced by the coach?
wo-s#1 Posted May 22 Report Posted May 22 12 news just posted a new article about it,kids were given an option as previously mentioned…either do this tik tok challenge or do a workout…wow
89Falcon Posted May 22 Report Posted May 22 6 minutes ago, wo-s#1 said: 12 news just posted a new article about it,kids were given an option as previously mentioned…either do this tik tok challenge or do a workout…wow So, they were pressured to do the challenge. That will make it worse.
Setx fan Posted May 22 Report Posted May 22 8 minutes ago, 89Falcon said: So, they were pressured to do the challenge. That will make it worse. Pressured how? They were given 2 options. Its athletics
Mr. Buddy Garrity Posted May 22 Report Posted May 22 This is the hidden content, please Sign In or Sign Up wo-s#1 1
wo-s#1 Posted May 22 Report Posted May 22 2 hours ago, Setx fan said: Pressured how? They were given 2 options. Its athletics You clearly stated they were were given options to do it or not but that’s not the case…they were given an option to do the challenge OR a workout 89Falcon 1
wo-s#1 Posted May 22 Report Posted May 22 21 hours ago, Setx fan said: I don't see how that would go far if he didn't personally inflict injuries on them. From what I hear it was an optional workout and some kids opted out with no consequences. This ^^ was not the case evidently
89Falcon Posted May 22 Report Posted May 22 6 minutes ago, wo-s#1 said: This ^^ was not the case evidently Exactly.
Setx fan Posted May 23 Report Posted May 23 2 hours ago, wo-s#1 said: This ^^ was not the case evidently How not?
89Falcon Posted May 23 Report Posted May 23 12 minutes ago, Setx fan said: How not? Because the "opt out" would include a "workout". Choices were 1. "Do the challenge" or 2. "Do a workout". The obvious inference is that to avoid the "workout" you have to "do the challenge". That is "applying pressure". Afterwards, many kids sought medical treatment. *** For reference: 6th graders are not routinely capable of rendering adult judgement as to what is in their best interest. The point that the "challenge was optional" is utterly irrelevant. The kids were under the care and influence of an adult caregiver. KF89 1
wo-s#1 Posted May 23 Report Posted May 23 5 minutes ago, 89Falcon said: Because the "opt out" would include a "workout". Choices were 1. "Do the challenge" or 2. "Do a workout". The obvious inference is that to avoid the "workout" you have to "do the challenge". That is "applying pressure". Afterwards, many kids sought medical treatment. *** For reference: 6th graders are not routinely capable of rendering adult judgement as to what is in their best interest. The point that the "challenge was optional" is utterly irrelevant. The kids were under the care and influence of an adult caregiver. Furthermore the 11 year olds these days would literally do anything thats being done on tik tok,I haven’t searched it but I’m curious what the actual challenge is. Bear crawls have been around for ever,is the challenge doing it on a hot track? 89Falcon, Mr. Buddy Garrity and KF89 3
Setx fan Posted May 23 Report Posted May 23 22 minutes ago, 89Falcon said: Because the "opt out" would include a "workout". Choices were 1. "Do the challenge" or 2. "Do a workout". The obvious inference is that to avoid the "workout" you have to "do the challenge". That is "applying pressure". Afterwards, many kids sought medical treatment. *** For reference: 6th graders are not routinely capable of rendering adult judgement as to what is in their best interest. The point that the "challenge was optional" is utterly irrelevant. The kids were under the care and influence of an adult caregiver. Thats not pressure. They allready knew they would be working out in a "pre-athletic" class anyway. Like I said they were given 2 choices and they chose the bear crawls. AND there were some who still sat out even after they chose the bear crawls. Yes, some kids might have felt the need to make a good impression but they still had options from what's been presented.
AggiesAreWe Posted May 23 Author Report Posted May 23 1 minute ago, Setx fan said: Thats not pressure. They allready knew they would be working out in a "pre-athletic" class anyway. Like I said they were given 2 choices and they chose the bear crawls. AND there were some who still sat out even after they chose the bear crawls. Yes, some kids might have felt the need to make a good impression but they still had options from what's been presented. I think the question is why was doing bear crawls on a hot track one of the options? Need to have a little more sense. If this was being done at the football stadium, then why weren't the bear crawls done on the field instead of the track? KF89 and Mr. Buddy Garrity 2
Setx fan Posted May 23 Report Posted May 23 2 minutes ago, AggiesAreWe said: I think the question is why was doing bear crawls on a hot track one of the options? Need to have a little more sense. If this was being done at the football stadium, then why weren't the bear crawls done on the field instead of the track? I have no clue. I allready said that wasn't a good idea and I could understand why he would be fired and possibly never be able to coach again but Mr. Falcon is trying to build a criminal case against him as if he intentionally set out to cause harm to the kids.
89Falcon Posted May 23 Report Posted May 23 4 hours ago, Setx fan said: I have no clue. I allready said that wasn't a good idea and I could understand why he would be fired and possibly never be able to coach again but Mr. Falcon is trying to build a criminal case against him as if he intentionally set out to cause harm to the kids. Mr Falcon has done nothing more than address your questions. The question was asked previously was “what could he potentially be charged with”. The answer was “child endangerment”. You are somehow stuck on the fact that the incident is “unintentional”, intention is not required for child endangerment to be applied. There is a criminal investigation going and is not being conducted by “Mr Falcon” but instead by law enforcement and the DA. He may or may not face charges but myself and many others will not be surprised if he does. navydawg31, KF89 and bullets13 3
Setx fan Posted May 23 Report Posted May 23 4 hours ago, 89Falcon said: Mr Falcon has done nothing more than address your questions. The question was asked previously was “what could he potentially be charged with”. The answer was “child endangerment”. You are somehow stuck on the fact that the incident is “unintentional”, intention is not required for child endangerment to be applied. There is a criminal investigation going and is not being conducted by “Mr Falcon” but instead by law enforcement and the DA. He may or may not face charges but myself and many others will not be surprised if he does. There has to be some knowledge of potential danger for kids getting injured during a common exercise to be considered child endangerment. You making "2 choices" out to be some type of "pressure applied" seems like a desperate attempt to build your own case to me
Goslin Posted May 23 Report Posted May 23 Texas 22.041(c) (c) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment. Texas Penal Code 6.03(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. 89Falcon and bullets13 1 1
89Falcon Posted May 23 Report Posted May 23 1 hour ago, Setx fan said: There has to be some knowledge of potential danger for kids getting injured during a common exercise to be considered child endangerment. You making "2 choices" out to be some type of "pressure applied" seems like a desperate attempt to build your own case to me Where do you come up with this stuff? Do you understand what negligence and omission mean? In this case the kids were presented with do something that was supposedly fun from TikTok or something not fun. That is pressure. Allegedly, the coach also pressured them verbally after some were wanting to stop. This has nothing to do with me. Why are law enforcement and the DA investigating? With no potential for an offense? BTW, you struggle with making up stuff on all of these threads. KF89 and bullets13 2
2wedge Posted May 23 Report Posted May 23 This is just an unfortunate situation all around. When I was in JH, we were made to run 1.5 miles down a country road near the middle school once a week. It wasn't optional. Some kids were conditioned for it, some weren't. It wasn't uncommon to encounter dogs and all other types of things on these runs, but we rolled with it because we were kids and did what we were told. Had a kid passed out or had a run in with one of the dogs, could've been a similar situation to what we are seeing here, but it all worked out. It was the 90s so our parents probably would've just rolled with it since it was athletics, and we were supposed to be working out.
Setx fan Posted May 23 Report Posted May 23 1 hour ago, 89Falcon said: Where do you come up with this stuff? Do you understand what negligence and omission mean? In this case the kids were presented with do something that was supposedly fun from TikTok or something not fun. That is pressure. Allegedly, the coach also pressured them verbally after some were wanting to stop. This has nothing to do with me. Why are law enforcement and the DA investigating? With no potential for an offense? BTW, you struggle with making up stuff on all of these threads. He gave the kids 2 options for 2 different workouts in an "athletic" class. That's not pressure. Having kids do a common exercise on a track is not negligence or omission. If he left them there unattended maybe it would be. Law enforcement is investigating because that's what they're supposed to do when something is presented to them by parents.
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