What Does Minnesota Law Say in RE: Rick Rypien?

by BReynolds on Oct 20, 2010 5:37 PM CDT

With the fan now named, and his comments on the record with Russo, the public sentiment has turned bitter toward the fan, James Enquist. Most people are saying that they feel the threat of legal action is weak, that he needs to get over it, and that he is just out for a quick buck.

I don't know his motives. I feel I would not sue if in his place, as to me, it seems petty. However, I'm not him. I have never been grabbed by an NHL player, so I cannot tell you how I would respond, to be honest. However, continuing the investigation, there are those on the net and on Twitter saying that he was not assaulted. This, from those in Toronto and Vancouver, and around the world that have such an intimate knowledge of Minnesota law.

I thought it might be helpful to lay out just what Minnesota law says. Keep in mind... I am not, repeat NOT, a lawyer.

First off, Minnesota differentiates between assault and battery when it comes to a civil charge. If Mr. Enquist chooses to press criminal charges, I have a hard time believing they would stick or not get settled in a minor plea deal. Charges have not been filed, so this is all hypothetical. That said, the crime definition does seem to fit.

There are five degrees of severity according to Minnesota law, with First Degree being the worst, Fifth the least punishable by law. Statute 609.224 reads:

Subdivision 1.Misdemeanor.

Whoever does any of the following commits an assault and is guilty of a misdemeanor:

(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or

(2) intentionally inflicts or attempts to inflict bodily harm upon another.

A conviction brings the threat of 90 days in jail and / or $1000 fine.

Again, I am not a lawyer, and I am not about to interpret the law. However, it seems that Rypien certainly had intent to cause fear, no? I certainly hope is does not go as far as criminal charges, but the law says it could.

As for the civil side, it becomes battery, and then the law gets mush less cut and dry. It becomes a matter for a judge or jury to determine if the case has merit. In a world in which you can sue McDonald's for having hot coffee, and Ryobi for making table saws that cut fingers off, I could certainly see a less scrupulous lawyer taking the case.

If you are reading, Mr. Enquist, I beg you... don't do it. Don't go to court. Not because you can't, but because it just is not the right thing to do.

I truly hope this does not end up in the courts. It is a complete waste of the system's resources, but take a moment and really ask yourself. If it was you, what would you do? How about if circumstance were different? What if it happened in your local grocery store, some employee walks by, you say something snarky, and he grabs you by the shirt. You just going to walk away, or are you going to take issue with it?

Is it different because it is an NHL game, or do real world rules and laws sometimes apply to the games we play?

That's just a few questions you all need to answer honestly, before you go after Mr. Enquist.

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Why not?

Why shouldn’t he be able to pursue civil or criminal charges against Rypien? The NHL does not have blanket legal authority over everything that happens within the confines of their games. The local, state, and federal authorities retain their respective rights for good reason. Being a professional athlete does not give you the right to assault fans and not subject yourself to the same legal process as any other person. Period. I have zero sympathy for Rypien.

Until the NHL starts getting diplomatic immunity for their players or fans start signing legal disclaimers they will be expected to follow the same laws as you and me.

Personally, I would pursue charges as if he was anybody else. Why not? If I go to a Metallica concert and get kicked in the face by James Hetfield would I do the same? Heck yeah I would. As a fan I expect not to get assaulted by the entertainment.

by MinnesotaRage on Oct 20, 2010 7:31 PM CDT reply actions

Because it is a waste of everyone's time

I’d pursue charges if I got deliberately kicked in the face by James, not if he grabbed my shirt for a second though. There’s a pretty big difference there.

If he did press charges, I can’t really see it resulting in more than a conditional discharge at most anyway and Minnesota taxpayers would foot the bill for the court time. The NHL’s punishment is likely to be much more significant that what the courts would impose. A suspension of more than a couple games would cost Rypien over $10k anyway.

If he tries to sue for civil damages that are any more than a hockey jersey and a handful of tickets, I think he’d be a slimy leech.

by Zandaz on Oct 21, 2010 3:38 AM CDT up reply actions

Seriously??

Well, so much for Minnesota Nice, huh?

In all honesty, I don’t know that Mr. Enquist would actually have a legitimate case — at least not with the few judges I know. He didn’t get assaulted. He got pushed. Maybe got his shirt a little ruffled. That’s it.

Does he have any lasting injuries, or any injuries at all? I’d wager not.

This has nothing to do with the NHL or not the NHL. Think to yourself if you would feel the same way if Mr. Enquist was pursuing legal action if he were shoved while standing outside of Tom Reid’s. By the letter of the law, could a simple shove constitute assault? Absolutely. But I know more than one judge that would likely take a look at the case, then at Mr. Enquist and tell him to “Suck it up, you Nancy.”

by WildNation on Oct 20, 2010 8:01 PM CDT reply actions

Go for it!

If I was in Mr. Enquist’s position, I may have considered taking a shot back. Right in the kisser!

Mr. Enquist, if you are reading, consult an attorney. Piece of advice, this is NOT a WILD issue. This strictly concerns Mr. Rypien, the Canuck org. and yourself. We all remember the North Star days, “Secord sucks”. Did Secord go after a Minnesota fan? Not to my knowledge.

Mr. Rypien? Seek anger management and learn some professional manners. I’m sorry your 2010-11 season salary is only 1/2 million dollars.

Enquist, kick his ass that he deserves.

by Ron Hansen on Oct 20, 2010 8:28 PM CDT reply actions

You could be the sally that sued a hockey player

or you could be the man that faced one down. Man up kid (my apologies to anyone named “Sally” for insinuating that they couldn’t themselves stand down a lone Cannuck)

by Hockeyfan_Miller on Oct 20, 2010 9:44 PM CDT reply actions

Rypien

You guys are obviously too young to remember the Dave Forbes case:
David Stephen Forbes (born November 16, 1948 in Montreal, Quebec) is a retired Canadian ice hockey player.

Signed as a free agent in 1973 by the Boston Bruins, Forbes made an impact as a defensive-minded forward as he helped guide the Bruins to the finals in 1974 during his rookie season, and to the finals in 1977. Forbes played four seasons with Boston until he was claimed by the Washington Capitals in the Waiver Draft prior to the 1977–78 season. After playing one season with the Capitals, he was released after only playing two games during the 1978–79 season and signed to play for the Cincinnati Stingers of the World Hockey Association.
[edit]
Criminal charges

Forbes was charged with aggravated assault in 1975 after butt-ending Henry Boucha’s eye socket in a game against the Minnesota North Stars. The trial received much publicity as it was highly unusual for an athlete to face criminal charges for actions taken in the course of competition. The trial ended with the jury unable to reach a decision and the charges were not refiled.

by Bill Pike on Oct 20, 2010 10:36 PM CDT reply actions

Boucha was an icon

My father still speaks of how the greatest Minnesota hockey player, and one of the greatest American hockey players of all time was stolen from a generation because of Dave Forbes. Talk about a motherfucker who should’ve been put in jail for years.

Proprietor of Hockey Wilderness - We take Minnesota hockey WAY too seriously.

by nathaneide on Oct 21, 2010 8:28 AM CDT up reply actions

Rypien/Enquist

While it’s tempting, I really don’t think legal action by Mr. Enquist will bring the satisfaction he imagines. Enquist put himself into the flow of the game. While not as blatant as the fan who incurred the wrath of Tie Domi several years ago, Enquist pushed too hard.
Is Rypien innocent? Hell, no. He needs to sit for ten games and lose the pay he would have earned. Plenty of enforcers do their jobs well and professionally (my favorite, Jody Shelley comes to mind.)

by Bill Pike on Oct 20, 2010 10:43 PM CDT reply actions

I agree with everything, except that he “put himself into the flow of the game.” He did something 18000 people do every game. He yelled something at a player. No excuse. None.

Editor:Hockey Wilderness Assistant Editor:SBN Minnesota Owner: Komissaari erämaa

Rule #17: You may not impersonate representatives of Hockey Wilderness and handout NHL themed wrist bands.

by BReynolds on Oct 20, 2010 10:50 PM CDT up reply actions

B Reynolds

" He yelled something at a player. No excuse. None."

Yeah, you’re right.

by Bill Pike on Oct 21, 2010 12:25 AM CDT reply actions

Rypien

Looking back, I remember after Bertuzzi was allowed back, my son and I were all over him when he came to Columbus. All of Nationwide Arena seemed to want a piece of him.

by Bill Pike on Oct 21, 2010 12:30 AM CDT reply actions

Great Example

Bertuzzi even get’s a lot of crap from the Red Wings fans – even though he is a Red Wing. He will NEVER live down what happened with Moore and that was between two players. Example – my mom HATES him. Loves Chris Chelios but HATES Todd Bertuzzi. But Bertuzzi doesn’t go after the fans and the Joe doesn’t have a tarp up to “protect” him from the fans ~~or the fans from him whatever BS that is.~~

People have to be responsible for their own actions – no one is perfect – but you can’t just go after a fan.

by MMcAlister on Oct 21, 2010 7:50 AM CDT up reply actions

To answer the original post, I’d let the NHL take care of it. With a grocery store worker, I’d probably complain to management about their actions, but I might have no idea about what disciplinary actions are taken in the end. With the NHL at least, we’ll find out the punishment pretty soon, and it’s likely to be quite costly.

by Zandaz on Oct 21, 2010 3:46 AM CDT reply actions

I think just based on him searching for legal counsel it would be unfair at this point to assume he is seeking legal action against the league, Canucks, or Rypien. If he gets legal counsel I hope they talk him out trying to take legal action if that is what he wants to do. I think I’ll just sit back and wait for this to play out before I rush to judgement.

by Chris Winner on Oct 21, 2010 6:18 AM CDT reply actions

Wait… you’re not going to rush to judgment? A sane voice in a crowd of insanity? ;-)

Editor:Hockey Wilderness Assistant Editor:SBN Minnesota Owner: Komissaari erämaa

Rule #17: You may not impersonate representatives of Hockey Wilderness and handout NHL themed wrist bands.

by BReynolds on Oct 21, 2010 9:22 AM CDT up reply actions

I like to be different :)

by Chris Winner on Oct 21, 2010 1:09 PM CDT up reply actions

How bout this. Let it be something you can tell your grand kids about, make amends and have him sign your jersey. Try and make it a good memory. This don’t happen every day.

by mckay10 on Oct 21, 2010 6:19 AM CDT via mobile reply actions