Bertuzzi pleads guilty to assault causing bodily harm in on-ice incident

[silent_jay]

I'm still not sure if this was a matter for the courts, but I am glad it is almost over.
http://www.canada.com/sports/story.h...e-8419d396cb8f

VANCOUVER (CP) - NHL star Todd Bertuzzi pleaded guilty to assault causing bodily harm Wednesday, reversing his earlier plan to fight charges laid after he slugged an opponent with an on-ice sucker punch watched by millions.

"You pleaded not guilty in an earlier appearance. Now you enter a plea of guilty. Do you now wish to change the plea?" asked Judge Herb Weitzel.

"Yes," the Vancouver Canucks' star forward responded. "I plead guilty."

Crown prosecutor Garth Loeppky told the court he would be requesting a conditional discharge with no criminal record for Bertuzzi

However, it's not clear when Bertuzzi will be sentenced.

A lawyer acting on behalf of Colorado Avalanche player Steve Moore asked the judge to delay sentencing until January to give his client a chance to travel to Vancouver to make a victim-impact statement.

Tim Danson, Moore's Toronto lawyer, said he first heard about the deal only on Monday, and neither he nor Moore had a chance to travel to Vancouver to address the court. Instead, Danson hired Vancouver lawyer Gord McIntosh to ask for the sentencing delay Wednesday.

Victim impact statements from Moore and his mother and father were expected to be read into the record by the Crown and the judge said he would rule later on whether he should delay sentencing.

Bertuzzi, 29, was charged June 24 after Moore suffered a concussion and two broken vertebrae in a game March 8 between the rival teams.

In the third period of a 9-2 loss to the Avalanche, Bertuzzi charged up the ice, grabbed Moore's sweater from behind, then slugged him with a round-house punch.

The two players fell, with the 245-pound Bertuzzi landing on top of the already limp Moore.

Moore was left for a time in a neck brace.

But Loeppky said the Crown is unable to prove beyond a reasonable doubt that the punch thrown by Bertuzzi has had a long-term effect on Moore's possible return to the NHL.

"If his career is over, the Crown can't prove that," Loeppky said.

He presented medical evidence gathered from various doctors since the punch was thrown in March.

Loeppky said the spinal damage is no longer a factor and the soft-tissue damage continues to improve, but Moore still suffers from post-concussion syndrome

"He has good days and bad days," said Loeppky.

Doctors reports show that Moore's continues to have reduced sensation in his right shoulder, problems with short-term memory, reduced energy levels, mood variability and dull headaches.

His physical activity is still minimal and consists mostly of light workouts

"He has not returned to skating or hockey," Loeppky said.

One of Moore's doctors had expressed serious concerns about his neurological health and indicated there was a possibility of brain damage.

But Loeppky said the physician was relying on a seldom-used medical procedure that involves measuring electrical impulses. The procedure is not well-known, so the Crown did not rely on that doctor's opinion to determine Moore's prognosis.

Moore, a 25-year-old native of Windsor, Ont., was not offered a contract by the Avalanche by July 1, making him an unrestricted free agent.

Before the plea arrangement, Bertuzzi faced a maximum of 18 months in prison, though legal observers have said the maximum scenario would be highly unlikely for a first-time offender.

Bertuzzi arrived at court with his wife Julie and Canucks team captain Marcus Naslund and Naslund's wife. The team's general manager Dave Nonis was also there.

Bertuzzi had been scheduled to stand trial Jan. 17 in a case that was expected to take three weeks.

The NHL suspended Bertuzzi for the rest of the regular season and the playoffs. He has not been re-instated. His contract with the Canucks extends for another three seasons.

Bill Daly, the NHL's executive vice-president and chief legal officer, said the league expects Bertuzzi to ask for a quick hearing to reinstate his playing status.

"To the extent the players' association consents to us acting on Todd's request, the commissioner would be prepared to schedule a meeting with Todd in the near future," Daly said.

The hit was witnessed by thousands at the game in Vancouver and by hundreds of thousands more in repeated news clips.

While the plea bargain makes the criminal case go away, the focus on on-ice violence means more unwelcome headlines for a league that has been shut down by a labour dispute.

Unless there is a break in the labour situation soon, the league is expected to cancel the season.

As well, it's unclear what Bertuzzi's plea will mean to any future possible civil case launched by Moore.

Bertuzzi is considered a superstar and received a warm reception by the crowd at a charity hockey tournament earlier this month in Vancouver.

Since being acquired by the Canucks in 1998, the six-foot-three, 245-pound Bertuzzi developed into one of the NHL's premier forwards.

He had a career-best 97 points and 46 goals in 2002-2003 and was scheduled to make $7.13 million US this season as part of a four-year, $28-million US contract.

There is more litigation down the line for the league.

Atlanta Thrashers star Dany Heatley faces charges of vehicular homicide and five misdemeanours from the car crash in suburban Atlanta last year that resulted in the death of Heatley's friend and teammate, Dan Snyder.

If convicted, he faces one to 15 years in prison on the homicide charge and 20 years if convicted on all six counts.

[Ace_O_Spades]

I love Bert, I'd have him over to my house for dinner if he'd come... I'm just glad it's almost all over for him.

Sucks about Moore...

Anyway, I hope they both make a speedy return to the game of Hockey

[djtestudo]

I'm curious about what the possible sentences might be at this point for him.

[blitz.fenix]

Big shame what happened. Really everyone hurts in this situation, Bertuzzi, Moore and the game of hockey. Sadly we cannot please all three. So we gotta help Moore out most and put Bertuzzi behind bars.

[Ace_O_Spades]

Originally Posted by blitz.fenix

So we gotta help Moore out most and put Bertuzzi behind bars.

How does that help anything? Give him community service... then he'll actually be out there helping people instead of serving time... am I right?

My prediction is no jail time

[silent_jay]

Bertuzzi isn't going behind bars for that, thats just ridiculous. They are talking about a 1 year conditional sentence I believe and no criminal record.

Sending Bertuzzi to jail for this would be a travesty and make no sense, I've said it before and I'll say it again Bertuzzi didn't break any vertabrae in Moore's neck the 4-5 other guys that jumped on top of him helped that along just fine.

[silent_jay]

Oh yes Ace, I forgot about the community service, much like he has been doing by playing in charity hockey games.

[Ace_O_Spades]

I was happy with the reception he got at those games... Such a round of applause... it must have been a bright spot in what must have been otherwise the worst 7 months of ol Bert's life.

[vox_rox]

Originally Posted by Ace_O_Spades

How does that help anything? Give him community service... then he'll actually be out there helping people instead of serving time... am I right?

Actually, that is the way it should go, and will probably go. Like it's been said, this sucks for everyone, but it cannot be denied that Bertuzzi was the factor that engaged this crap machine in the first place, so it sucks most for him, and so it should.

Still, give community service - I mean REAL community service like coaching a Special Olympics team for a year - and then see where he's at.

It's all abd, but hockey and Bertuzzi can recover, the jury is still out on Moore, and he may end up as the biggest loser in the incident.

Oh well, life marches on.

Peace,

Pierre

[blitz.fenix]

putting him behind bars give the NHL a better face, and give Moore some closure. Two positive points. If he is released no one wins.

[Ace_O_Spades]

Originally Posted by blitz.fenix

putting him behind bars give the NHL a better face, and give Moore some closure. Two positive points. If he is released no one wins.

'cept Bertuzzi

And the charities that would benefit from his community service

Can't you think of the children!?!? WON'T SOMEONE PLEASE THINK OF THE CHILDREN!?!?

[blitz.fenix]

Woah nelly you could put him in bars and he stil performs community sevice. He serves some time and performs community service. It's a win-win situation.

[Coppertop]

Whatever punishment Bertuzzi gets will be mild compared to the deal Moore got. At least he has now admitted his guilt in the matter. That says something, albeit much, much after the fact.

Originally Posted by silent_jay

Sending Bertuzzi to jail for this would be a travesty and make no sense, I've said it before and I'll say it again Bertuzzi didn't break any vertabrae in Moore's neck the 4-5 other guys that jumped on top of him helped that along just fine.

Well then that makes it all ok, doesn't it? The score is 9-2 in the 3rd, yeah, he had the best of intentions when he punched Moore from behind.

Sure, it's an emotional game and mistakes are made. But he still did it and needs to be held accountable for his actions. Had this not happened in a game but on the street there wouldn't even be any discussion.

[Hard8s]

sorry, see below...

[Hard8s]

Coppertop I couldn't agree more. There was no reason for this. How would you like to be skating down the ice, and all of a sudden find yourself face first on the ice. Its one thing if you can see the guy coming and defend yourself, its another to just be blindsided for something that happened weeks before. They do need to make an example of Bertuzzi so this does not happen again. Whether jail time is the answer or not, I don't know. But I do think he needs to make some sort of restitution to Steve Moore, and to the communitity.

[ledsam]

I don't think jail time is the answer here. Todd Bertuzzi isn't a criminal. What he did was wrong and he definitely crossed the line, but it was in the context of a game that encourages aggression, physical play and to a certain degree, fighting. It is a fine line that Bertuzzi crossed and he should definitely be held accountable for his actions, but sending him to jail achieves nothing.

This should shed some light on Bertuzzi's sentence.
http://www.tsn.ca/nhl/news_story.asp?id=108915

VANCOUVER (CP) - Canucks star Todd Bertuzzi received a conditional discharge Wednesday after pleading guilty to assault causing bodily harm for attacking Steve Moore in an NHL game.

The sentence - which carries the chance of no criminal record - was the one recommended by the Crown after Bertuzzi agreed to a plea bargain.

"I have concluded that the imposition of a discharge is not contrary to the public interest," said Judge Herb Weitzel.

The sentence also includes a year's probation. During that time, Bertuzzi may not play in any game against Steve Moore, the former Colorado Avalanche player he sucker-punched and left unconscious with two fractured vertebrae and other injuries in a game in March.

That may be moot. Moore is without an NHL contract and still has health issues from the assault.

Bertuzzi must also perform 80 hours of community service. If he complies with his community service and probation requirements, he will not have a criminal record.

In a six-page victim impact statement read in court Wednesday, Moore asked the judge to ensure he and Bertuzzi never share the same ice.

"I have no desire to interact with (Bertuzzi) in any way," Moore, who was not in court, said in the statement.

"If I'm ever able to play again, I would ask that Todd Bertuzzi never be permitted to play in any sporting activity I'm involved in."

So within a year, if he completes 80 hours of community service and doesn't play against Moore in a game (which wouldn't happen anyway), he gets a clean criminal record. I think that's a little light, but he could still face a civil suit from Moore which could get nasty.

[silent_jay]

Originally Posted by Hard8s

Coppertop I couldn't agree more. There was no reason for this. How would you like to be skating down the ice, and all of a sudden find yourself face first on the ice. Its one thing if you can see the guy coming and defend yourself, its another to just be blindsided for something that happened weeks before.

I have found myself face down on the ice many times after being blind-sided.

As for what happened weeks before, Moore should have known this was coming, he threw an elbow at Naslunds head and busted him open, with no penalty call I might add. You do that to a star player you can expect to get something in return. But oh well the whole ordeal is almost at a close, and then Bertuzzi can get back to playing hockey, once this pesky strike is over.

[blitz.fenix]

Moore just had a press conference and said he won't be pressing a civil suit. I feel sorry for the guy, he gets longterm damage while Bertuzzi gets off scott free. Bertuzzi can play, Moore probably will never play in the NHL again.

[thecoldone33]

Moore got screwed.

[canuckguy]

I know that what big bert did was disgusting, cowardly...etc but the way they talk about Moore not playing again and how is career was ruined...etc always makes me think about that, is he not just a 4th line winger???? a fringe player at best? not that his skill should matter in this situation, just a thought.

[blitz.fenix]

Originally Posted by brian1975

I know that what big bert did was disgusting, cowardly...etc but the way they talk about Moore not playing again and how is career was ruined...etc always makes me think about that, is he not just a 4th line winger???? a fringe player at best? not that his skill should matter in this situation, just a thought.

So it doesnt matter if a poor person is paralysed and can never work again because hey he was poor anyway!

I probably over simplified but you can get the gist of it.

[canuckguy]

Originally Posted by blitz.fenix

So it doesnt matter if a poor person is paralysed and can never work again because hey he was poor anyway!

I probably over simplified but you can get the gist of it.

nice one,



i was pointing out the fact that the media was showing moore as being a superstar, without the injury he still might not even make the team. because being paralysed and poor was what i said..... btw moore is neither of those.......

[blitz.fenix]

Originally Posted by brian1975

nice one,



i was pointing out the fact that the media was showing moore as being a superstar, without the injury he still might not even make the team. because being paralysed and poor was what i said..... btw moore is neither of those.......

Hmm, well I guess we have to agree to disagree. I agree that the media has blown this out of proportion and I'm sick of it. But the mentality seems to be that Bertuzzi is an angel. He isn't the devil but he is playing the "I'm sorry" card and everyone seems to be buying it.

[Hard8s]

Originally Posted by silent_jay

I have found myself face down on the ice many times after being blind-sided.

I meant blindsided with a punch from behind, not because you had your head down looking at the puck!

Yeah, I think Moore should have expected something, but nobody ever expected this! Bertuzzi crossed a big line not just a fine line. Yes the NHL encourages agression and a bit of fighting but there are unwritten rules to these, if you don't play you don't understand. There has been many a time I wanted to go after someone, but I always do it in the context of the game. I hammer someone into the corner, I might cross check them, give em a slash, etc. but never do you just skate after someone and clock 'em.

If you read back in some of the accounts Moore did not even want to be out there at the time. He asked to not play anymore as they had already taken 3-4 runs at him. But Granato did not want his star players out there in case something happened. In some respects the coaches had a hand in this assault as well.

I also think his sentence while maybe being right as in no jail time, was a little light overall. C'mon 80 hrs of community service? I've seen shoplifters get more than that! As for Bertuzzi not being able to play in a game in which Moore is in for the next year? Its' not like Moore is going to be playing next year with his injuries, and hell the NHL might not be playing next year with the way the non-negotiations are going!!!

[blitz.fenix]

Originally Posted by Hard8s

I
If you read back in some of the accounts Moore did not even want to be out there at the time. He asked to not play anymore as they had already taken 3-4 runs at him. But Granato did not want his star players out there in case something happened. In some respects the coaches had a hand in this assault as well.

So I guess those 3/4 line guys are pretty important afterall

[silent_jay]

Originally Posted by Hard8s

I meant blindsided with a punch from behind, not because you had your head down looking at the puck!

Actually it was from a punch, although it has happened a few times from having my head down I learnt my lesson. More often than not it was the result of a punch, and I never felt any ill will towards the person, they were sure going to fight me the next shift or whenever I played them again, but it was one of those expected things, I don't know maybe hockey is different now, although I'm only 27 so it couldn't of changed that much.

[mac03]

Still Just trying to figure out how you can actually charge someone with a crime for hitting someone in hockey?
I know this was excessive compared to what is normal sportsmanship, but it was an on ice incident in hockey. It's not liek he jumped him going to the locker room or beat the crap outta him while he was on the bench.



What's next, assault charges for people in boxing matches?

[Coppertop]

Last time I checked, punching people from behind and driving them headfirst into the ice is neither officially nor unofficially sanctioned.

[Hard8s]

Originally Posted by mac03

Still Just trying to figure out how you can actually charge someone with a crime for hitting someone in hockey?
I know this was excessive compared to what is normal sportsmanship, but it was an on ice incident in hockey. It's not liek he jumped him going to the locker room or beat the crap outta him while he was on the bench.



What's next, assault charges for people in boxing matches?

So just because it happened during a sporting event makes it ok? So next time Tiger Woods is walking down the fairway, if John Daly runs up behind him and whacks him in the head with his driver, it will be ok because it happened during a sporting event?

Come on there are things that everyone knows just are not right. This was one of them. If it happened where they squared up to fight first it would be all together different, but this was a cowardly act, and an assult on an unwilling and unsuspecting participant.

[silent_jay]

Comparing hockey to golf, I never thought I'd see the day. I've said it all along, the law has no place in hockey, the game has its own rules to govern the game, what happens on the ice stays on the ice. Just my opinion though