In addition, I have reviewed the relevant witness statements and the video-tape of the incident that gave rise to the arrest of the defendant. Following that examination, I have concluded that the defendant's injurious conduct was unsportsmanlike and inexcusable. However, given all the circumstances, it does not warrant further prosecution. Therefore, I have moved to dismiss the case.
Football is by definition a sport wherein violent contact and injury are all too commonplace.
Yet the rules of football and inter-scholastic athletics contemplate this and are designed to minimize injury and to penalize participants who violate the rules. Conduct and injuries which would not be tolerated off the field frequently occur during a football game. This in no way excuses the defendant's conduct, but the fact that a player was injured is not the sole criterion to consider in deciding whether to prosecute a case criminally. In this case, notwithstanding the pain and injury allegedly caused by the defendant, his actions were relatively brief in duration, apparently impulsive, reactive in nature, and, significantly, occurred prior to the whistle terminating play. In such cases, the determination of the appropriate sanctions is best left to the school district and league officials.