Last week, news broke that Minnesota Vikings running back Adrian Peterson was indicted by a Texas grand jury on a charge of child abuse.
Jacob Waguespack Jersey . The Vikings elected to deactivate Peterson for Sundays game against the New England Patriots, but announced on Monday the running back would be reactivated for next weeks game against the New Orleans Saints. How did we get here and whats next? The Beating The indictment stems from a charge that he beat his four-year-old son with a tree branch (or a "switch") after Petersons son pushed another child off of a motorbike video game. Peterson grabbed a tree branch, removed the leaves and struck his son repeatedly. According to CBS Houstons Nick Wright, the assault resulted in “numerous injuries to the child, including cuts and bruises to the childs back, buttocks, ankles, legs and scrotum, along with defensive wounds to the childs hands.” According to Wright, Peterson then texted the boys mother saying that a wound to the boys leg would make her “mad at me”. Wright also reported the following: “Peterson also allegedly said via text message to the childs mother that he “felt bad after the fact when I notice the switch was wrapping around hitting I (sic) thigh” and also acknowledged the injury to the childs scrotum in a text message, saying, “Got him in nuts once I noticed. But I felt so bad, n Im all tearing that butt up when needed! I start putting them in timeout. N save the whooping for needed memories!” In further text messages, Peterson allegedly said, “Never do I go overboard! But all my kids will know, hey daddy has the biggie heart but dont play no games when it comes to acting right.”According to police reports, the child, however, had a slightly different story, telling authorities that “Daddy Peterson hit me on my face.” The child also expressed worry that Peterson would punch him in the face if the child reported the incident to authorities. He also said that he had been hit by a belt and that “there are a lot of belts in Daddys closet.” He added that Peterson put leaves in his mouth when he was being hit with the switch while his pants were down. The child told his mother that Peterson “likes belts and switches” and “has a whooping room.” Peterson admitted to administering the beatings. While he indicated to police that he felt bad in light of the extent of the injuries, he added “to be honest with you, I feel very confident with my actions because I know my intent” and he characterized the incident as a “normal whooping”. The Charge As per Section 22.04 of the Texas Penal Code, Peterson was indicted on a charge of recklessly, or with criminal negligence, caused bodily injury to a child. This type of charge is classified as a “state jail felony” and is punishable by 180 days to two years in jail and/or a fine of up to $10,000. “Reckless” defendants act with an awareness that their actions are likely to cause the crime, but persist with their actions. In order to be characterized as “criminally negligent," it has to be shown that the defendant was not aware of the potential consequences, but should have been. The state felony charge facing Peterson can be distinguished from the tougher third-degree felony charge, which refers to an individual, intentionally or knowingly, causing bodily harm to a child. A third-degree felony is punishable by two to 10 years in prison and/or a fine up to $10,000. “Intentionally” refers to a conscious desire to commit a crime (or doing something on purpose), while “knowingly” means that the defendant conducted himself with an awareness that his action would cause the crime. The legal issue, then, is less the use of the switch and more the injuries inflicted by Peterson and his state of mind while punishing his son. So criminal law treats intentional or knowing crimes more severely than reckless or negligent ones. As a result, it could have been worse for Peterson. Opting for the lesser jail state felony charge appears reasonable under the circumstances (although likely not without debate or controversy). Petersons text messages arguably suggest a reckless state of mind and may not support the requisite intent needed to make out a third-degree felony. As well, physical abuse in Texas is an accepted form of discipline. In fact, Section 261.001 of the Texas Family Code allows parents to engage in “reasonable discipline” of children, so long as it does not “expose the child to a substantial risk of harm”. So these factors make it challenging to show that Peterson intentionally or knowingly inflicted the injuries on his son. This also explains why it took the prosecution two attempts to get Peterson indicted. Ultimately, Peterson was indicted because a grand jury believed that his conduct did not constitute “reasonable discipline” and ended up causing “substantial harm” to his child. Given the extent of the injuries sustained by his son, Peterson will have difficulty securing an acquittal. Hes likely to lose and will look to cut a deal with the prosecution. Vikings Had Little Choice The Vikings didnt have many options when it reinstated Peterson. The team was not in the position to suspend Peterson indefinitely or pending the resolution of the criminal case (which would likely be the entire season). Article 42 of the NFL CBA provides that a player may only be suspended for a maximum of four games for conduct detrimental to the team. This limit cannot be increased even if the player is paid during the suspension. As well, the CBA indicates that deactivating a player counts as a suspension. So the Vikings would not have been able to sit Peterson with pay for an indefinite period of time. And a four-game suspension would eventually come to an end and Peterson would be back. Its either suspend him for three more games, cut him or play him. By cutting him, the Vikings would be forfeiting a valuable asset in Peterson as far as on-field play goes and risked another team signing him, including a division rival. For that reason, the Vikings likely didnt see cutting Peterson as a good option at this time. NFL Can Suspend Peterson Now The NFL could suspend Peterson today pursuant to the leagues Personal Conduct Policy. As per the Personal Conduct Policy, the NFL reserves the right to suspend Peterson now if it can establish “egregious circumstances”, “significant bodily harm” or a “substantial risk to the integrity and reputation” of the league. Arguably, each these circumstances is present in the instant case, if not all. Still, the NFLs practice has been to respect due process, wait for the legal system to conclude its handling of the matter and then impose discipline if appropriate. The Personal Conduct Policy reflects this approach by providing that “a first offense generally will not result in discipline until there has been a disposition of the Proceeding”. As well, the new guidelines regarding various forms of assault (e.g., domestic violence, sexual assault, etc.) also indicate that the league will give “proper deference to law enforcement and the courts.” For example, dont expect LeVeon Bell (marijuana possession/DUI) and LeGarrette Blount (marijuana possession) to be suspended until next season. As well, the NFL waited until the criminal case against Ray Rice was done before suspending him. If a player is found not guilty but nevertheless previously suspended by the NFL, the league could be in an awkward spot and could be the target of legal proceedings. So in the interest of being prudent, the league usually waits. As far as suspension length, the leagues new guidelines provide that violations of the Personal Conduct Policy regarding assault, battery, domestic violence or sexual assault that involve physical force will be subject to a suspension without pay of six games for a first offense. As well, the league reserves the right to increase the suspension where appropriate. (As a side note, there is a misconception that the league has a adopted a new Domestic Violence Policy. There is no such distinct policy; rather the league has implemented new assault guidelines in the Personal Conduct Policy.) Will the NFL Take Action? A month ago, I would have told you with relative comfort that the NFL will wait for the criminal case to conclude before suspending Peterson. However, in light of the Ray Rice uproar, things have changed quite dramatically. The publics expression of grave disappointment and outrage over the leagues handling of the Rice suspension may force the NFL to act sooner rather than later. So it remains possible that the NFL will break with tradition and suspend Peterson in the near-future once the league has conducted its own investigation into the matter. This is a far less likely scenario, but nevertheless possible. If the league suspends Peterson in the coming days or weeks, it will have to deal with both the NFLPA, which will likely file a grievance, and Petersons lawyer, Rusty Hardin. This is the same folksy Rusty Hardin who very aggressively and successfully secured an acquittal for Roger Clemens on perjury charges. Ultimately, it would be a surprise to see the NFL suspend Peterson before the criminal case is concluded. The more likely outcome is an announcement in the near-future that Peterson will meet with healthcare professionals with a view to understanding that physical abuse is not an effective form discipline.
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