Evander Kane arrested on misdemeanor charge for June nightclub incident

[bunomatic]

QFT.

 

 

Baseless is a possible inference. 

 

A better one, in my view: The whole thing was a clusterfunked muddle of impaired stupidity. With Kane right in the middle of it. That probably doesn't make for a workable criminal prosecution - especially when you're dealing with a skilled defense attorney - but it doesn't result in exoneration either.

 

A question I continue to have: There was a presumably sober bouncer who signed an accusing instrument as well. I wonder what his story was: Love interest of one of the ladies who was in the middle of the fracas?

or bunch of people are in a fracas and he's the only celebrity. Prosecutor sees an opportunity to make a name for himself and...

[Eleven]

I wonder him many posters are disappointed about the charges being dropped.

 

The nice thing about an ACD is that it requires him to keep his nose clean for 6-12 months.

[That Aud Smell]

or bunch of people are in a fracas and he's the only celebrity. Prosecutor sees an opportunity to make a name for himself and...

 

ha - yeah. the acting DA at the time of this was/is ... not that sort of guy. 

 

for starters, he's smart. no DA worth his/her salt thinks s/he's going to make hay prosecuting a wealthy athlete in connection with a bar fight.

[bunomatic]

ha - yeah. the acting DA at the time of this was/is ... not that sort of guy. 

 

for starters, he's smart. no DA worth his/her salt thinks s/he's going to make hay prosecuting a wealthy athlete in connection with a bar fight.

True. I was just throwing it out there. 

[Hank]

The nice thing about an ACD is that it requires him to keep his nose clean for 6-12 months.

There's a fun fact I didn't know, thank you.

[That Aud Smell]

Nose clean. 

 

Ha.

[3putt]

QFT.

 

 

Baseless is a possible inference. 

 

A better one, in my view: The whole thing was a clusterfunked muddle of impaired stupidity. With Kane right in the middle of it. That probably doesn't make for a workable criminal prosecution - especially when you're dealing with a skilled defense attorney - but it doesn't result in exoneration either.

 

A question I continue to have: There was a presumably sober bouncer who signed an accusing instrument as well. I wonder what his story was: Love interest of one of the ladies who was in the middle of the fracas?

Maybe he was just a guy who saw his chance for 15 minutes in the spotlight. 

[Stoner]

The nice thing about an ACD is that it requires him to keep his nose clean for 6-12 months.

I'm befuddled. Some here are taking the news as redemption for Evander. See, he's a good guy after all! But the arrangement has a form of punishment for Kane, that is he has to be a good boy for awhile. Punishment for what, exactly?

[That Aud Smell]

I'm befuddled. Some here are taking the news as redemption for Evander. See, he's a good guy after all! But the arrangement has a form of punishment for Kane, that is he has to be a good boy for awhile. Punishment for what, exactly?

 

You have an agile mind, sir.

[Stoner]

You have an agile mind, sir.

And what is agile?

[Eleven]

I'm befuddled. Some here are taking the news as redemption for Evander. See, he's a good guy after all! But the arrangement has a form of punishment for Kane, that is he has to be a good boy for awhile. Punishment for what, exactly?

 

 

It's not punishment.  ACD stands for Adjournment in Contemplation of Dismissal.  So it's adjourned for now, not dismissed.  If the defendant doesn't get into trouble for a period, which is usually set at 6-12 months, the case is dismissed automatically.  

[sodbuster]

And what is agile?

Think of Cody Franson, then imagine the exact opposite. That's agile.

[K-9]

It's not punishment.  ACD stands for Adjournment in Contemplation of Dismissal.  So it's adjourned for now, not dismissed.  If the defendant doesn't get into trouble for a period, which is usually set at 6-12 months, the case is dismissed automatically.  

Why do I think, if I were the Sabres organization, that this is a good thing? 

 

Yeah, I'd love it if EK evolved into making better behavior choices on his own, but if he's not there on his own yet, I have no problem with a legal leash keeping it real for him. 

[spndnchz]

I'm befuddled. Some here are taking the news as redemption for Evander. See, he's a good guy after all! But the arrangement has a form of punishment for Kane, that is he has to be a good boy for awhile. Punishment for what, exactly?

 

Not punishment, like 11 said, but more of a "you shouldn't be putting yourself in a position to be involved in this in the first place" thing.

[That Aud Smell]

And what is agile?

 

Does nimble work better for you?

 

It's not punishment.  ACD stands for Adjournment in Contemplation of Dismissal.  So it's adjourned for now, not dismissed.  If the defendant doesn't get into trouble for a period, which is usually set at 6-12 months, the case is dismissed automatically.  

 

Right - not quite a punishment. But a condition nonetheless -- a recognition that there was a certain stank that gave rise to the matter. All of the ACD's in which I was involved (four -- each for petit larceny (shop lifting)) came with a finger wag from the judge and a stern admonition to "go and sin no more."

 

Not punishment like 11 said, but more of a "you shouldn't be putting yourself in a position to be involved in this in the first place" thing.

 

I think that is a more pro-defendant angle than an ACD generally implies.

[Stoner]

It's not punishment.  ACD stands for Adjournment in Contemplation of Dismissal.  So it's adjourned for now, not dismissed.  If the defendant doesn't get into trouble for a period, which is usually set at 6-12 months, the case is dismissed automatically.  

(And for chz)

 

But it's an implicit statement that he did something wrong, no? How is "not getting into trouble" defined? Strictly legal trouble? Or are otherwise legal activities restricted? Stay away from bars, don't be in a bar past 1 a.m., etc.

[inkman]

(And for chz)

 

But it's an implicit statement that he did something wrong, no? How is "not getting into trouble" defined? Strictly legal trouble? Or are otherwise legal activities restricted? Stay away from bars, don't be in a bar past 1 a.m., etc.

I think the old "I can't define it but I know it when I see it" adage works here. It's quite easy to remove yourself from harms way if you are proactive about it. It takes work and a little hyper caution but it can be done. If it looks like anything can get weird get out.

[JJFIVEOH]

Good for him.

 

Yup.

[Eleven]

(And for chz)

 

But it's an implicit statement that he did something wrong, no? How is "not getting into trouble" defined? Strictly legal trouble? Or are otherwise legal activities restricted? Stay away from bars, don't be in a bar past 1 a.m., etc.

 

Don't get arrested again.  He can go to as many bars as he wants to.

[Stoner]

Don't get arrested again.  He can go to as many bars as he wants to.

It's still a sanction. Let's say he wants to join the Dakota Pipeline protest movement and get arrested as a sign of civil disobedience. He should be able to do that without some further punishment from the state of New York. I ask again. What did Kane do wrong in the eyes of the court?

[Neo]

It's still a sanction. Let's say he wants to join the Dakota Pipeline protest movement and get arrested as a sign of civil disobedience. He should be able to do that without some further punishment from the state of New York. I ask again. What did Kane do wrong in the eyes of the court?

I went to law school watching Leland McKenzie, Arnie Becker, Victor Sifuentes, et al.

 

I hear the court saying "Our evaluation of the events and evidence leads us to conclude that reasonable people could argue you committed a crime. However, our assessments of the resources necessary to make the arguement and the probability that the arguement prevails, viewed in light of justice for the alleged victims and the people, is such that we're willing to adjourn with an eye toward dismissal. This is a right the court reserves. You'd better behave."

 

What did he do wrong? He was involved in a bar ruckus.

 

I understand you to be asking a question from the point of view that recognizes either he's guilty or he's not. The court reserves a Purgatory for some it hasn't found to be either. The Purgatory comes with conditions and inhabitants are at risk.

 

I don't know if the defendant is required to accept this finding or if the defendant can insist the case go forward. I believe he'd be wise to accept, if it's a decision available to him.

Edited October 29, 2016 by Neo

[Stoner]

OK, N'eo. The "good for hims" and "yups" seem misplaced.

[Neo]

OK, N'eo. The "good for hims" and "yups" seem misplaced.

I might say "bad for all"?

[Hank]

OK, N'eo. The "good for hims" and "yups" seem misplaced.

Not misplaced at all. Good for him for getting the charges dropped.

[That Aud Smell]

It's still a sanction. Let's say he wants to join the Dakota Pipeline protest movement and get arrested as a sign of civil disobedience. He should be able to do that without some further punishment from the state of New York. I ask again. What did Kane do wrong in the eyes of the court?

It's a condition, not a penalty.

 

But it is something.

 

If he were to get in trouble again, the only consequence is that this case would be reinstated.

Not misplaced at all. Good for him for getting the charges dropped.

Charges weren't dropped. They were ACD'd.

 

And it is well debatable whether it's ultimately good for Kane to have secured this outcome.

 

My kid played a rival high school in the playoffs last week. The opponent's star player had been caught at a dance the past weekend with a flask in her purse. She was suspended as an initial matter, but her mom (a lawyer) got the penalty held in abeyance pending a further investigation (they are saying it wasn't her flask, etc.). My kid says the girl is widely known as a rowdy party girl.

 

Good for her to be relieved of the consequence until after the season is over? Some might say so. I don't.

Edited October 29, 2016 by That Aud Smell