Demarco Boyd charged with misdemeanor assault, suspended from team activities, has left the team

[texasstrong12 4668]

17 minutes ago, Casual Encounter said:

Ok was the wrong word but several have hinted at this being an understandable reaction. I’ve been in several accidents and my initial reaction was never to go beat them the shit out of another driver.

The problem is we don't know context. Do you think Demarco just randomly started throwing fists after the wreck? I'm going to guess no. They probably had words on what happened or who was at fault and Demarco overreacted. More than likely both parties got heated over the wreck and Demarco took it beyond a verbal altercation to physical. 

Demarco is obviously still in the wrong if he assaulted somebody but you can bet there's more to this story. 

 

 

 

Edited July 27, 2018 by texasstrong12

[ClubWhatever 12085]

15 minutes ago, DalTxHornFan said:

The Dad of the kid who got beat up is a partner at a big Texas law firm. 

And this is relevant how?  In case one of the players gets a lawyer and sues his son, subpoenaing his text history and safari logs?

[TwiceHorn 31184]

43 minutes ago, ClubWhatever said:

You legal types.  How is it only a misdemeanor if it was the beating and not the car wreck that put this dude in the hospital?

Good question. Regular assault, with bodily injury, is a Class A misdemeanor. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm

Aggravated assault requires serious bodily injury, which would seem to include hospitalization/medical treatment, and it's a second-degree felony, which is two levels above Class A misdemeanor (third-degree and state-jail felonies).  It is possible that it is unclear whether the vic was hospitalized as a result of the assault or of the wreck, and with a little finessing, we have a misdemeanor.

 

[DalTxHornFan 3084]

16 minutes ago, ClubWhatever said:

And this is relevant how?  In case one of the players gets a lawyer and sues his son, subpoenaing his text history and safari logs?

I'm guessing that he's looking at some significant civil damages in addition to whatever Coach Herman and the criminal justice system metes out.

[TwiceHorn 31184]

3 minutes ago, DalTxHornFan said:

I'm guessing that he's looking at some significant civil damages in addition to whatever Coach Herman and the criminal justice system metes out.

Well, I hope big lawyer man decides to just be a big man and be glad no one was maimed or killed.  Demarco isn't a particularly juicy, deep-pockets defendant, and it's an intentional tort, so there's not going to be any insurance or associated sources of money.

[DalTxHornFan 3084]

4 minutes ago, TwiceHorn said:

Well, I hope big lawyer man decides to just be a big man and be glad no one was maimed or killed.  Demarco isn't a particularly juicy, deep-pockets defendant, and it's an intentional tort, so there's not going to be any insurance or associated sources of money.

Point well taken.  Maybe an emotional reaction.  Kid is out of hospital, but hasn't been able to work since the event.  Hopefully will be able to go back to school for fall semester.

[texasstrong12 4668]

4 minutes ago, DalTxHornFan said:

Point well taken.  Maybe an emotional reaction.  Kid is out of hospital, but hasn't been able to work since the event.  Hopefully will be able to go back to school for fall semester.

Is he a student at Texas? Not that it matters, but AAS makes it sound like he's not an Austin resident. 

"Boyd is accused of assaulting a 20-year-old out-of-town visitor at the scene of the crash near Enfield and Mopac (Loop 1), badly damaging a car he was in."

 

[DalTxHornFan 3084]

Just now, texasstrong12 said:

Is he a student at Texas? Not that it matters, but AAS makes it sound like he's not an Austin resident. 

"Boyd is accused of assaulting a 20-year-old out-of-town visitor at the scene of the crash near Enfield and Mopac (Loop 1), badly damaging a car he was in."

 

Razorback student.  Dallas Jesuit graduate.

[texasstrong12 4668]

36 minutes ago, TwiceHorn said:

Good question. Regular assault, with bodily injury, is a Class A misdemeanor. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm

Aggravated assault requires serious bodily injury, which would seem to include hospitalization/medical treatment, and it's a second-degree felony, which is two levels above Class A misdemeanor (third-degree and state-jail felonies).  It is possible that it is unclear whether the vic was hospitalized as a result of the assault or of the wreck, and with a little finessing, we have a misdemeanor.

 

If the police have video of the incident and have been interviewing multiple witnesses it seems like they would have enough evidence to charge Demarco with "aggravated assault" if it was warranted. 

Which is why I'm interested to see the arrest affidavit on Friday. 

If the kid was beat up as badly as DalTxHornFan states you would think Demarco would have been charged with aggravated assault. But I'm no legal type so you could be right about finessing around the class A misdemeanor v aggravated assault distinction with the argument the injuries were created by the wreck. 

Edited July 27, 2018 by texasstrong12

[DalTxHornFan 3084]

13 minutes ago, texasstrong12 said:

If the police have video of the incident and have been interviewing multiple witnesses it seems like they would have enough evidence to charge Demarco with "aggravated assault" if it was warranted. 

Which is why I'm interested to see the arrest affidavit on Friday. 

If the kid was beat up as badly as DalTxHornFan states you would think Demarco would have been charged with aggravated assault. But I'm no legal type so you could be right about finessing around the class A misdemeanor v aggravated assault distinction with the argument the injuries were created by the wreck. 

I appreciated Twice Horn's comments about any distinctions between crash injuries and the beat-down injuries.  Don't know for sure.  Family thinks more happened from the latter.

[Hurtlocker 2208]

5 hours ago, TornACL said:

Del Conte is a precog and knows that D.Boyd is about to get into some shit. Better safe than sorry.

[Thetexashammer 1062]

I just hope we all make it through this long national nightmare.

[DalTxHornFan 3084]

1 minute ago, Thetexashammer said:

I just hope we all make it through this long national nightmare.

Or until September 1st, whichever comes first!

[texifornia 56434]

I think the lesson we all can learn and apply from this is don't send your kids to Arkansas.

[Scheiss Meister 8398]

55 minutes ago, DalTxHornFan said:

Razorback student.  Dallas Jesuit graduate.

Hell of a crime, thumping a shitty driving Razorback.

[Newy25 7638]

Stuff like this and drug tests are really IQ tests. You are a scholarship player at The University if Texas. You are putting your entire ediucation at risk when you decide to get into a fight. 

Unless it is the most bizarre of circumstances if he did anything close to what he is accused of he deserves to be suspended at minimum. 

[texasstrong12 4668]

5 minutes ago, Newy25 said:

Stuff like this and drug tests are really IQ tests. You are a scholarship player at The University if Texas. You are putting your entire ediucation at risk when you decide to get into a fight. 

Unless it is the most bizarre of circumstances if he did anything close to what he is accused of he deserves to be suspended at minimum. 

Especially when you're a backup that hardly plays. These are the types coaches will dismiss to create scholarship room.

Not saying that's warranted here but coaches aren't going to bend over backwards for a guy that doesn't contribute. Harsh to say but it's most likely the reality. 

[Murfdogg21 4412]

1 hour ago, DalTxHornFan said:

Razorback student.

The beating was deserved. 

[SizzleChest 8275]

24 minutes ago, texasstrong12 said:

Especially when you're a backup that hardly plays. These are the types coaches will dismiss to create scholarship room.

[Mitch Hedberg 2090]

And what the hell was big brother doing? He couldn’t get little brother to calm down before all hell broke loose? Cmon Kris. Lookout for little bro!

[Tired of Lurking 637]

Hopefully Demarco plays H-back at his next JC stop. Been wanting to see how he does in that role. Good luck to the kid, but I don't see how he stays on the team. Is Townsend still fucking around at running back?

[Machinator 32097]

Just now, Tired of Lurking said:

Is Townsend still fucking around at running back?

Moved back to LB.

[texasstrong12 4668]

11 minutes ago, Tired of Lurking said:

Hopefully Demarco plays H-back at his next JC stop. Been wanting to see how he does in that role. Good luck to the kid, but I don't see how he stays on the team. Is Townsend still fucking around at running back?

I'm guessing this is a do or die year for Demarco regardless of what happens with this ordeal. 

Kris will be gone and Demarco will be 3 years in at Texas. If he isn't getting reps 3 years in I bet he transfers. 

[po elvis 2070]

4 hours ago, DalTxHornFan said:

Police have videos of the whole incident.  The Dad of the kid who got beat up is a partner at a big Texas law firm.  The kid got hurt pretty bad.  Demarco has more to worry about than getting suspended from the football team.

So Demarco waited until police got there to beat up the guy? 

[DalTxHornFan 3084]

15 minutes ago, po elvis said:

So Demarco waited until police got there to beat up the guy? 

From another public source:

Witnesses, including one who videotaped the incident, told police Lucas Patrick Kincade attempted to brake in wet conditions and ended up rear-ending a vehicle being driven by Texas freshman safety B.J. Foster that included Texas senior defensive back Kris Boyd as a passenger. Foster's car then impacted the car in front of him, a car belonging to Texas golfer Masen Cipolla that was being driven by Demarco Boyd.

Foster's car suffered the most damage of the three cars involved in the chain-reaction accident. Witnesses told police Demarco Boyd got out of the car he was driving and, after seeing the damage done to Foster's car, went to the Jeep being driven by Kincade, opened the driver's side door and began punching him.

According to police, Demarco Boyd initially denied having any contact with Kincade. But after police talked to other witnesses, including a witness in a car behind Kincade who videotaped the incident, a Class A misdemeanor charge of assault with injury was filed.

[NeverMarryAStripper 21780]

Well that doesn't sound good

[taybo20 2815]

Gotta see this video

[TexasTroll 454]

4 hours ago, DalTxHornFan said:

From another public source:

Witnesses, including one who videotaped the incident, told police Lucas Patrick Kincade attempted to brake in wet conditions and ended up rear-ending a vehicle being driven by Texas freshman safety B.J. Foster that included Texas senior defensive back Kris Boyd as a passenger. Foster's car then impacted the car in front of him, a car belonging to Texas golfer Masen Cipolla that was being driven by Demarco Boyd.

Foster's car suffered the most damage of the three cars involved in the chain-reaction accident. Witnesses told police Demarco Boyd got out of the car he was driving and, after seeing the damage done to Foster's car, went to the Jeep being driven by Kincade, opened the driver's side door and began punching him.

According to police, Demarco Boyd initially denied having any contact with Kincade. But after police talked to other witnesses, including a witness in a car behind Kincade who videotaped the incident, a Class A misdemeanor charge of assault with injury was filed.

The car he was driving is owned by whom???

Masen Cipolla 

or

MAREN Cipolla??

may be why he got craycray...

Edited July 27, 2018 by TexasTroll

[Newdoc 3429]

9 hours ago, texasstrong12 said:

The problem is we don't know context. Do you think Demarco just randomly started throwing fists after the wreck? I'm going to guess no. 

This doesn’t look good unless there was some road rage type incident that happened prior. Boyd’s lucky the guy wasn’t carrying.

4 hours ago, DalTxHornFan said:

From another public source:

Witnesses told police Demarco Boyd got out of the car he was driving and, after seeing the damage done to Foster's car, went to the Jeep being driven by Kincade, opened the driver's side door and began punching him.

 

[Magus Ossis 2773]

Clearly our luck as a program has changed. A star, a future star, and a jag are involved in a fight and 2 MVCs. No injuries, no drugs, no guns, and no fighting/charges for the guys likely to contribute.

[52-80 19066]

that maren cipolla out there looking thick.  no wonder demarco was in the car.

 

 

that said, what a fucking idiot

[deter 313]

Looks like thick deep rough.

[Newy25 7638]

Well, if they really have video and he did in fact do as they say...

Bye Felicia. Have fun at JUCO. 

[SHOOTER12 8787]

13 hours ago, TexasFan21 said:

https://www.hookem.com/story/texas-lb-demarco-boyd-charged-misdemeanor-assault-july-4-incident/

“Our angels had they hands over us today,” Kris Boyd tweeted, “@nofear_2 rear ended and smashed! We’re doing a lot better. Thank you to those who reached out. Could’ve been gone but we here.”

Sounds like he may have been severely concussed in the accident.

[texasstrong12 4668]

2 hours ago, Newdoc said:

This doesn’t look good unless there was some road rage type incident that happened prior. Boyd’s lucky the guy wasn’t carrying.

 

Maybe I"m naive but I don't buy that report at all. You're telling me after a serious accident Demarco's first action is to go start swinging on a guy before checking on his teammates/brother? 

I'm not denying Demarco took swings at this guy but the timeline doesn't make any logical sense to me. I still feel there had to be some type of verbal altercation before Demarco reacted. 

Again, Demarco is still responsible for his actions and that doesn't make Kincade any less of a victim. But I find the timeline to be odd.

My reaction would be to check on my teammates/brother, figure out what the hell actually happened, talk to the other driver first, and so on. But like I said maybe I'm naive to think Demarco didn't act with a moment of rage. Regardless, I'm still willing to bet there was some type of verbal disagreement/altercation/whatever you want to call it before Demarco started swinging. 

 

 

Edited July 27, 2018 by texasstrong12

[TwiceHorn 31184]

7 hours ago, DalTxHornFan said:

From another public source:

Witnesses, including one who videotaped the incident, told police Lucas Patrick Kincade attempted to brake in wet conditions and ended up rear-ending a vehicle being driven by Texas freshman safety B.J. Foster that included Texas senior defensive back Kris Boyd as a passenger. Foster's car then impacted the car in front of him, a car belonging to Texas golfer Masen Cipolla that was being driven by Demarco Boyd.

Foster's car suffered the most damage of the three cars involved in the chain-reaction accident. Witnesses told police Demarco Boyd got out of the car he was driving and, after seeing the damage done to Foster's car, went to the Jeep being driven by Kincade, opened the driver's side door and began punching him.

According to police, Demarco Boyd initially denied having any contact with Kincade. But after police talked to other witnesses, including a witness in a car behind Kincade who videotaped the incident, a Class A misdemeanor charge of assault with injury was filed.

Someone may chime in more expert on Texas criminal law, but the difference between agg assault and assault is the seriousness of the injuries.  I believe the dividing line is requires medical treatment.  We do know the kid was "hospitalized," but that could have just been precautionary by the EMTs after a pretty rough accident and not due to the fight.  Think about it, he could have had a concussion, a busted nose or mouth, ribs, a head wound or two, all consistent with either the wreck or being punched out.

Im not sure the video sheds much light on the seriousness of the injuries, especially if the punching took place inside the vehicle.

Was Kincade headed to the party, too?

Edited July 27, 2018 by TwiceHorn

[TwiceHorn 31184]

4 minutes ago, texasstrong12 said:

Maybe I"m naive but I don't buy that report at all. You're telling me after a serious accident Demarco's first action is to go start swinging on a guy before checking on his teammates/brother? 

I'm not denying Demarco took swings at this guy but the timeline doesn't make any logical sense to me. I still feel there had to be some type of verbal altercation before Demarco reacted. 

Again, Demarco is still responsible for his actions and that doesn't make Kincade any less of a victim. But I find the timeline to be odd.

My reaction would be to check on my teammates/brother, figure out what the hell actually happened, talk to the other driver first, and so on. But like I said maybe I'm naive to think Demarco didn't act with a moment of rage. Regardless, I'm still willing to bet there was some type of verbal disagreement/altercation/whatever you want to call if before Demarco started swinging. 

 

 

And that does sound a little wonky.

[Tylerocks 2551]

How is beating the fuck out of a dude and sending him to the hospital a misdemeanor assault?  Should be felonious, no?

 

I'm not a lawyer and I didn't sleep at a Holiday Inn Express...

[Hiphopopotamos 20865]

3 minutes ago, Tylerocks said:

How is beating the fuck out of a dude and sending him to the hospital a misdemeanor assault?  Should be felonious, no?

 

I'm not a lawyer and I didn't sleep at a Holiday Inn Express...

I'm assuming the prosecutor would have to prove the injuries came from the beating - and not the serious car accident the kid was just involved in, no?

[texasstrong12 4668]

11 minutes ago, Tylerocks said:

How is beating the fuck out of a dude and sending him to the hospital a misdemeanor assault?  Should be felonious, no?

 

I'm not a lawyer and I didn't sleep at a Holiday Inn Express...

That's why it's probably best to wait for the arrest affidavit. If the "victim" was beat up as badly as referenced here I don't know why Demarco wasn't charged with aggravated assault (2nd degree felony) as referenced above by TwiceHorn. 

Either Demarco finessed his way around "aggravated assault" or the police don't believe there was serious bodily injury caused from Demarco's actions. 

Edited July 27, 2018 by texasstrong12

[Tylerocks 2551]

Interesting.  Well for his sake, I hope it stays a misdemeanor.

Misdemeanor assault doesn't even require physical contact.

[Not a Sock 2308]

If we lose the off season does that mean we win the actual season?

[LW Goatman 1117]

30 minutes ago, TwiceHorn said:

Someone may chime in more expert on Texas criminal law, but the difference between agg assault and assault is the seriousness of the injuries.  I believe the dividing line is requires medical treatment.  We do know the kid was "hospitalized," but that could have just been precautionary by the EMTs after a pretty rough accident and not due to the fight.  Think about it, he could have had a concussion, a busted nose or mouth, ribs, a head wound or two, all consistent with either the wreck or being punched out.

Bodily injury is defined as physical pain, illness, or any impairment of physical condition.  Serious bodily injury is bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Medical treatment alone is not going to be sufficient to constitute serious bodily injury. Typically, fistfights result in broken noses and physical pain, or bodily injury. 

[texasstrong12 4668]

14 minutes ago, Tylerocks said:

Interesting.  Well for his sake, I hope it stays a misdemeanor.

Misdemeanor assault doesn't even require physical contact.

Something else to keep in mind from the linked article above is it sounds like Demarco lied to the cops about physical contact with Kincade. 

If this incident was just Demarco taking a few swings at a guy after a terrible accident this would probably blow over. Demarco didn't exactly help his situation here. 

I'm guessing Demarco is never criminally charged with anything serious but I would be surprised if he plays again at Texas. Is this something Herman wants to deal with for a backup LBer that can't get on the field? 

 

 

Edited July 27, 2018 by texasstrong12

[TwiceHorn 31184]

9 minutes ago, Tylerocks said:

Interesting.  Well for his sake, I hope it stays a misdemeanor.

Misdemeanor assault doesn't even require physical contact.

True enough.  Given that the arrest warrant was issued after the accident, that means prosecutors were pretty heavily involved in the charging decision after reviewing evidence like the videotape.  It probably also means that defense lawyers were lobbying.  I think it's fairly unlikely that the charges get increased, UNLESS the video is like Joe Mixon's and there is a public outcry.

Probably if you or I did this, we'd get charged with felony agg assault and plead it down to misdemeanor assault.  I linked the penal code, above.

[TwiceHorn 31184]

3 minutes ago, LW Goatman said:

Bodily injury is defined as physical pain, illness, or any impairment of physical condition.  Serious bodily injury is bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Medical treatment alone is not going to be sufficient to constitute serious bodily injury. Typically, fistfights result in broken noses and physical pain, or bodily injury. 

Thanks.  Is that in the code somewhere?  I didn't see it immediately and quit looking.  The assault section has gotten so complicated with all the peace officer, domestic violence, blah blah blah now specifically written into it.

Edited July 27, 2018 by TwiceHorn

[Newy25 7638]

39 minutes ago, texasstrong12 said:

Maybe I"m naive but I don't buy that report at all. You're telling me after a serious accident Demarco's first action is to go start swinging on a guy before checking on his teammates/brother? 

I'm not denying Demarco took swings at this guy but the timeline doesn't make any logical sense to me. I still feel there had to be some type of verbal altercation before Demarco reacted. 

Again, Demarco is still responsible for his actions and that doesn't make Kincade any less of a victim. But I find the timeline to be odd.

My reaction would be to check on my teammates/brother, figure out what the hell actually happened, talk to the other driver first, and so on. But like I said maybe I'm naive to think Demarco didn't act with a moment of rage. Regardless, I'm still willing to bet there was some type of verbal disagreement/altercation/whatever you want to call it before Demarco started swinging. 

 

 

Does it matter? If Boyd starting punching a guy after a car accident, provoked or not it’s fucking stupid.  Not to mention illegal. 

He’s a backup who has a scholarship because of who his brother is. This act of stupidity should give Texas coaches the right to open his spot for someone else. 

Edited July 27, 2018 by Newy25

[SydneyCarton 47809]

12 hours ago, texasstrong12 said:

Wait and watch. This will be probation and community service. Feel free to bump if I'm wrong. 

I wont bump, but I'd be shocked if you weren't wrong. DalTxHornFan  apparently heard the same shit I heard from some folks. Which is Boyd beat the living fuck out of a skinny little guy and his friends or other folks have the whole thing on video. If what I heard was correct, Boyd is going to fucking jail. My understanding was the kid was hospitalized. As for the charges and whether or not they seem lenient, someone said his parents might have ties to UT. 

Not sure if it's true, but that is what I heard.

Edited July 27, 2018 by SydneyCarton

[Gene Parmesan 3992]

I heard the other guy did the horns down gesture.

[texasstrong12 4668]

18 minutes ago, Newy25 said:

Does it matter? If Boyd starting punching a guy after a car accident, provoked or not it’s fucking stupid.  Not to mention illegal. 

He’s a backup who has a scholarship because of who his brother is. This act of stupidity ahould give Texas coaches the right to open his spot for someone else. 

It's stupid no doubt.

But if there was some type of verbal disagreement after a serious accident you think throwing a few punches at a guy would justify kicking Demarco off the team? I think it would definitely warrant a few game suspension. Probably more dependent on how serious the injuries were for the "victim". If the assault was as bad as Sydney Carton and DalTxHornFan referenced above then yeah I think he should be dismissed. 

Demarco "being a backup" is a reason why Herman probably won't deal with this because it's a waste of time from his perspective but it's not really a justification for what a fair punishment is. 

 

 

Edited July 27, 2018 by texasstrong12