(PA) Suspect acquitted of bar fight killing

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Beren

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http://post-gazette.com/pg/05263/574807.stm

Suspect acquitted of bar fight killing

Tuesday, September 20, 2005
AP

A man who said he acted in self-defense when he kicked an unruly bar patron in the head after several people tried to throw the patron out of the tavern was acquitted of first-degree murder and all other charges he faced.

Eli Marc Meyers, 46, of Burrell Township, Indiana County, would have faced life in prison without parole if he had been convicted yesterday in the death of Earl Taylor, a 43-year-old father of two, on Dec. 19.

Police charged that Meyers beat Taylor to the ground, then kicked him repeatedly in the head at the Lakeside Lounge, an exotic dance club in Derry.

Meyers' attorney, Tom Ceraso, argued that his client was simply frightened and acted in self-defense, kicking Taylor because he was afraid the 300-pound laborer and recreational league basketball coach would get up and hurt him.

Assistant District Attorney Judith P. Petrush argued that self-defense wasn't a justifiable reason to kick Taylor, who was on his knees and helpless. She played a Westmoreland County 911 tape at Meyers' trial on which people could be heard telling Meyers to leave Taylor alone, while Meyers is heard telling Taylor to get back on his feet.

But a forensic pathologist hired by Ceraso said Taylor -- who was drunk and unruly -- likely died from a struggle with people trying to throw him out of the bar, not from Meyers' punches and kicks.

"I was innocent the whole time. I knew I was innocent," Meyers said.

Taylor's family, including his widow, Nadine, left the courtroom without comment after the verdict.

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Given the 911 call that has Meyers telling Taylor to get back up, I'd say the guy should at least be guilty to involuntary manslaughter. He intended to do harm to the guy on the ground, and should reasonably have known he was risking lethal injury.
 
At a bare minimum it seems an assualt charge would be appropriate.

But a forensic pathologist hired by Ceraso said Taylor -- who was drunk and unruly -- likely died from a struggle with people trying to throw him out of the bar, not from Meyers' punches and kicks.
However, if the blows really were independant of the COD then he should not have been charged in the death in the first place.
 
Two guys fighting in a bar? No weapons? Disorderly conduct and a $25 fine.
 
Two guys fighting in a bar? No weapons? Disorderly conduct and a $25 fine.

Kicking a person on the ground in the head is deadly force in every state of the union. Bringing deadly force into a bar fight = Murder.
 
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