Bertuzzi Charged

[NyQuil]

June 24, 2004
VANCOUVER, British Columbia (AP) -- Canucks star Todd Bertuzzi was charged Thursday with assault for a sucker-punch that left Colorado's Steve Moore with a broken neck and prompted widespread criticism of hockey violence.

The charges -- assault causing bodily harm -- were announced by the criminal justice branch of the ministry of the attorney general after an investigation that lasted four months. Bertuzzi was ordered to appear in provincial court July 9.

Moore was hospitalized after the March 8 attack with three fractured vertebrae, facial cuts, post-concussion symptoms and amnesia. Nerves in the neck area were also stretched. Doctors say it's not known when, or if, he can play again.

The NHL suspended Bertuzzi for the final 13 games of the regular season and Vancouver's seven playoff games.

The suspension cost Bertuzzi nearly $502,000 of his $6.8 million salary while the Canucks were fined $250,000. Bertuzzi also was left off Canada's roster for this fall's World Cup.

The Canucks released a statement supporting Bertuzzi.

``We are aware of the charges brought against Todd Bertuzzi today,'' senior vice president and GM Dave Nonis said. ``The matter is now before the courts and we will continue to support Todd and his family throughout this process. Although we appreciate the interest in this development, the Vancouver Canucks organization will have no further comment at this time.''

NHL commissioner Gary Bettman plans to hold a hearing with the Vancouver star. Last month, Bettman gave no indication when that meeting might happen or if the indefinite suspension will be lifted.

Bertuzzi's only public comment was a tearful apology two nights after the game.

``Steve, I just want to apologize for what happened out there,'' he said at the time. ``I had no intention of hurting you. I feel awful for what transpired.''

``I don't play the game that way,'' he added. ``I'm not a mean-spirited person. I'm sorry for what happened.''

During the game, with the Avalanche ahead 8-2, the 6-foot-3, 235-pound Bertuzzi grabbed Moore from behind at 8:41 of the third period. He sucker-punched the Colorado forward on the side of his head and then landed on top of the 6-foot-2, 205-pound Moore, driving his head into the ice.

The punch was witnessed by more than 18,000 people at the arena and has been shown repeatedly in TV clips broadcast across North America and Europe.

The attack was seen as retaliation for a hit Moore put on Vancouver star Markus Naslund that left the Canuck captain with a concussion and sidelined him for three games.

There is precedent for a hockey player facing charges for his on-ice action. In 2000, Marty McSorley was charged with hitting Canucks player Donald Brashear with his stick. McSorley was convicted of assault with a weapon, but he received an 18-month conditional discharge, meaning no jail time and no criminal record after probation. The NHL suspended him for a year, ending his 17-year career.

In 1988, Minnesota North Stars forward Dino Ciccarelli was convicted of assault for hit Toronto defenseman Luke Richardson several times in the head with his stick. Ciccarelli was sentenced to one day in jail and fined.

In 1969, Wayne Maki of the St. Louis Blues and Ted Green of the Boston Bruins became the first NHL players sent to court after a stick-swinging duel at a preseason game in Ottawa. Green, who fractured his skull, and Maki, who wasn't injured, were both acquitted of assault charges.

Bertuzzi, one of the league's top forwards, had 17 goals and 43 assists in 69 games this season. Moore had five goals, seven assists in 57 games.

[NyQuil]

This is an event which has me squarely on the fence.

On the one hand, what Bertuzzi did certainly constitutes assault...

On the other hand, much of what occurs in a hockey rink, in my mind, also constitutes as assault.

[Brimsek39]

NyQuil said:

This is an event which has me squarely on the fence.

On the one hand, what Bertuzzi did certainly constitutes assault...

On the other hand, much of what occurs in a hockey rink, in my mind, also constitutes as assault.

Yeah, tough call. I'm not sure what to think.

[roots]

I do not envy the Vancouver police investigators. They were under a lot of scrutiny in this instance. The crown has opted to charge. They also are under a lot of pressure as it always is in a very public case. i do note that the NHL statement was that they felt that the penelty they adopted was sufficient, but would continue to co operate with the authorities. Intent is the corner stone of any criminal charge. i do not believe the intent was to do anything but challange or attempt to goad Moore into a fight. I don't believe that Bertuzzi's intention was to inflict the injury that occured, and I also don't believe that the injury is a direct result of the initial contact, but caused more by the pile up that ended the incident.. you dont have to agree, its my belief. whether there should be charges I don't know, one of the reasons i enjoy the game is for the pshyical edge. I appreciate a good hit, I like the fearless guys. I'm not sure sometimes where the line is between the contact of the game and pure violence..the line is pretty blurry most of the time.

I had the pleasure of meeting Todd Bertuzzi, he struck me as a very soft spoken pleasant man. his personna as a 'grumpy' individual was not evident. I have watched him play for sometime, I do not see an inherantly violent man. I do see a large man, and a skilled individual. and i doubt meeting him in a corner would be particularily painless. I was saddened by the events of that game. I continue to be saddened by todays news. I do hope Steve Moore makes a full recovery, and I wish Todd Bertuzzi and his family, friends and teammates strength. I have the same wish for the officers involved they have not had an easy time of it, I am sure .

[sammy]

I have never met Bertuzzi, but I did play a lot of hockey when I was younger. I can see where Bertuzzi is coming from when he went after Moore. The code of ethics in Canadian hockey. I believe you have to play with the code and to retaliate when one of your players, especially a star, is hit with a dirty hit. I believe Moores hit on Naslund was dirty.
That being said, what Bertuzzi did was wrong. It wasn't hockey, but an assault. There is a fine line between being aggressive and being a thug. Bertuzzi crossed that line.
I don't think he should have been charged by the police, but I do believe the punishment handed out by the league should be equal to the crime. I believe if Moore can't play again, neither should Bertuzzi.

[Jazz]

I'm not sure what to think here either....

On one hand I think the police have better things to do with their time and resources - any why they needed almost 4 months to come to this decision is inexcusable.

On the other hand, there are community standards to uphold.....

back to the other hand every player assumes some risk when it comes to playing any sport, and it is up to the sport to determine the appropriate sentence (although one can easily argue that the NHL and the PA are not taking care of its players the way they should).

[NyQuil]

I suppose the issue is the "intent".

Was Bertuzzi's intention to throw all of his weight on Moore's upper spine?

Probably not. He looked off-balance.

On the other hand, his actions led to him throwing all his weight on Moore's upper spine.

I'll have to ask my fiance about that, to see if she's actually learning anything in law school.

[stjohnsleafsfan]

As far as I am concerned Bertuzzi is getting exactly what he deserves. It's not the first time that he did something like this. I mean if I were to go to work and jump somebody from behind, sucker punch them, and tackle them to the ice I'd be arrested. The NHL rink is Todd Bertuzzi's and Steve Moore's workplace so the fact that it happened at a hockey game should make it no different.

BTW were the people who filed the complaint to the Vancouver police fans who attended the game?

[NyQuil]

I've spoken to my fiance.

Apparently, the intent is only a factor in criminal trials in terms of the sentencing. (the only exception being murder, with the charge being downgraded to manslaughter)

In civil trials, individuals are judged under the assumption that they have to anticipate any possible eventuality.

Thus, if you were to throw a paper airplane at someone's head, and they were to have a weak skull at the exact spot where the paper plane hit, and that person suffered an aneurysm and died, you would still be liable because of that assumption.

Thus, as far as I could determine, Bertuzzi is far more likely to suffer in a civil trial, where the sentencing would not be alleviated by the obvious lack of intent to destroy Moore's spine. In the criminal trial, the judge would likely reduce the sentencing in the light of that.

However, civil trials could also be forestalled by the fact that most contact sports have their players sign waivers and such prohibiting civil action in the event of an injury.