I just wanted to hear some T-Nationers opinions on this, specifically those of some of the lawyers on here.
A 16 year old in Gardner, KS, a suburb of KC, died after engaging in a consensual fight apparently triggered by bullying.
http://www.kansascity.com/105/story/479068.html
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At Gardner Edgerton High School, Dakota DeRemus was the kid some students liked to pick on.
And Wednesday, authorities charged another sophomore, Dustin Howard, with involuntary manslaughter after a fight led to DeRemus�?? death.
DeRemus, who authorities said had a heart ailment, was hit in the chest, ribs and back while at least four youths watched after school Monday. He collapsed during the fight in the backyard of his Gardner home, and an hour later, neighbors found his body, police said.
The two boys, both 16, agreed to fight, the suspect�??s attorney said at a hearing Wednesday in the juvenile division of Johnson County District Court. Authorities confiscated a cell-phone video of the fight.
DeRemus�?? father, Frank DeRemus, lashed out Wednesday at the suspect�??s family during the hearing, saying his son had been bullied for two years.
The suspect�??s family declined to comment.
At the hearing Wednesday, the attorney for Howard argued that Howard was not dangerous and that DeRemus�?? heart condition was likely a larger factor in his death.
�??The victim had a heart issue and no one knows for sure what role that played,�?? Debra Vermillion argued.
Prosecutors on Wednesday charged Howard with involuntary manslaughter, unintentionally killing DeRemus while committing a battery.
Prosecutors have declined to comment on the details of the case, including whether others could be charged.
News that a classmate was dead and another jailed hit students hard Wednesday.
�??This whole thing is really upsetting, even for the people not close to Dakota,�?? said Megan Haer, a senior.
DeRemus was not the type to back down from those who taunted him, one friend said. That made people pick on him more because �??they could tell it affected him.�??
Gardner Edgerton High students have left messages on Facebook pages about DeRemus�?? death and expressed condolences. Some called him a friend who �??could make you laugh over anything and always seemed happy and ready to succeed.�??
Others acknowledged teasing DeRemus and wished they had not.
�??Sure I picked on him before but no one needs to die over anything like this,�?? a teenager wrote. �??Dakota. Please forgive me for anything that I might have said or done to hurt you in the past. I feel terrible.�??
DeRemus�?? aunt, Wendy McCarley, said about four students were especially troublesome for DeRemus. She said she did not know why students picked on him.
�??Maybe because he wasn�??t into sports, but that was because he had a heart condition,�?? said McCarley, who described her nephew as �??awesome.�??
McCarley said school officials knew about the bullying.
Tim Yoho, deputy superintendent of Gardner Edgerton School District, said he was bothered to hear DeRemus�?? family say that the boy was bullied.
�??It concerns us when we hear things of that nature,�?? Yoho said. �??Students�?? safety is the first priority of our school district.�??
Yoho said he could not address the situation. A relative of DeRemus asked school officials not to speak publicly about him or the case, Yoho said.
Staff members were trying to determine more about the incident, how the boys knew each other, and exactly what happened between them, Yoho said.
�??In times like these people are always looking for answers,�?? Yoho said. �??It�??s such a horrible thing.�??
Some friends of DeRemus said they did not know he had been picked on. Close friend Amy Slavens, a senior, said she only saw him hanging out with his friends and with her after school.
�??If anyone gave him a chance and got to know him, they�??d like him,�?? she said. �??He�??d make you laugh. He could turn it around and make anything funny.�??
She said she and other close friends knew about the heart condition. Others said DeRemus had even talked about it in class.
�??He and I talked about the military a lot,�?? Slavens said. �??All his family had been in it, but he couldn�??t because of his condition. He accepted it and didn�??t let it bother him.�??
After DeRemus�?? father lashed out at Howard�??s family in court, deputies grabbed him, slammed him against a wall, leaving a hole, then led him away in handcuffs over protests from relatives.
Johnson County Sheriff�??s spokesman Tom Erickson said the man was released without being booked into jail. A disorderly conduct report will be sent to the district attorney to review for possible charges.
Two deputies later escorted Howard�??s family to their car. They left without commenting.
At the hearing, Vermillion asked for Howard to be released to the custody of his mother and stepfather.
�??You have two young men the same age who may have engaged in a consensual altercation,�?? Vermillion said �??�?� This is not a situation where the defendant will be a threat to anyone else.�??
Prosecutors objected.
District Magistrate Judge Michael Farley ordered Howard held in juvenile detention until his next court appearance Feb. 19.
Meanwhile, DeRemus�?? family will bury him.
A student on the Facebook site expressed remorse for how DeRemus was treated.
�??I didn�??t know him that well but I still could�??ve been nicer. We all could have been.�??
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