Judge Rules Consent Is Defense to Battery, Acquits Woman Whose Punch Killed Partygoer
An Illinois woman has been acquitted of reckless conduct and battery for her lethal punch to a partygoer who accepted $5 to take the hit.
Judge Edward Burmila granted a directed verdict for 22-year-old Tiffany Startz of Joliet on Wednesday, report the Chicago Sun-Times and the Chicago Tribune.
Startz had been accused of punching rapper John Powell, who had performed at a party held in September 2010 to celebrate the life of a woman who had committed suicide, the stories say. One of the partygoers agreed to pay $5 to anyone who took a hit from Startz, and Powell accepted. The punch was recorded on video. Powell died after an artery burst in his neck.
Burmila said Startz was negligent but not reckless, and her punch didn’t directly kill Powell. Instead, Burmila found that the change in momentum caused his artery to burst. The judge also rejected prosecutors’ argument that consent is not a defense to battery in Illinois, the Sun-Times says.
Powell’s mother, Theresa Guy, said after the ruling that she would pursue a civil lawsuit. She also vowed to pursue a “John’s law” so similar acts could be prosecuted for murder in the future.
