Update: Acquittal for Alleged Attacker of Gym Grunter
We’re late on this — our colleagues at Dealbreaker mentioned it yesterday, and the WSJ Law Blog covered it this morning. But just to follow up our earlier report, here is some news from today’s New York Times:
On Monday, a jury acquitted [45-year-old stockbroker Christopher] Carter of assault charges for manhandling the stationary bike of a fellow gym member, Stuart Sugarman, who was shouting [things like “you go girl,” and “great song”] and grunting during a spin class. Even though Mr. Carter’s defense lawyer acknowledged in court that his client had grabbed Mr. Sugarman’s bike by the handlebars, tilted it back and then released it, with Mr. Sugarman astride, the jury decided that he was not a criminal for having done so.After nearly 10 hours of deliberations, the six jurors agreed that they could not say beyond a reasonable doubt that Mr. Carter had caused the back and neck trouble that hospitalized Mr. Sugarman for nearly two weeks.
“Probably, most likely, but not definitely,” said one juror, Marybeth Roman.
Will the acquittal empower other acts of vigilantism at gyms around the country? One can only hope.
As for Carter and Sugarman, whose dispute appears likely to turn into a civil suit, don’t expect to see them at a gym near you. From the New York Post:
Sugarman had told jurors he’s too injured to work out. Carter yesterday said he’s given up spinning for good. “I want to grow old gracefully,” he joked.
Sugarman Loses Spinning Class Fracas! [Dealbreaker]
Gym Grunter Not Assaulted by Silencer, a Jury Rules [New York Times via WSJ Law Blog]
WIN FOR CYCLE OF VIOLENCE [New York Post via WSJ Law Blog]
Earlier: Let’s Get Physical!
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Comments
Great news - v. happy with this result!
What do Sugarman's injuries have to do with whether he was criminally assaulted? There were multiple eyewitnesses, I presume, and the jury's burden was to prove BRD that Carter criminally assaulted Sugarman. Their reasoning sounded more like a civil case to me, though I'm sure Sugarman destroyed his credibility if he exaggerated his injuries. Maybe I'm missing something.
The Post wins for best headline.
I didn't know that an assault conviction required a showing of injury. That's good to know.
Vindicated!!!! Next time Sugarman won't be so quick to say "make me" and flip off people. The NYT editorial today stated that most people are afraid to do anything because the "Sugarmans of the world might be packing." I see it differently. People like Sugarman say "make me" because they figure no one is going to actually do anything about it. Well this time someone did.
I can see grunting in Gold's Gym while bench pressing 200 pounds or more but on a bike?
And shouting out loud things like "you go girl"?
I would have acquited the defendant of manslaughter of the grunter had accidentially hit his head a died.
The former defendant needs to join a more exclusive gym.
According to an August 28, 2007 Post story, the grunter was 86ed from the gym.
http://www.nypost.com/seven/08282007/news/regionalnews/now_gym_wallops_grunter.htm
Does this mean I can assault the a**holes who take a piss, walk out of bathroom without washing, then lift weights? I might as well be bench pressing their privates.
Jury nullification.
"One can only hope" that this empowers other vigilante acts???
FUCK YOU Lat, you fucking passive-agressive anarchist.
Wow - I guess the level of injury is a serious component for criminal assault. Had no idea.
12:39 -- you can't be a germaphobe and go to a gym. Not that you're wrong, but seriously, there's a lot of skin and sweat and other bodily fluids flying around and if you can't deal with it, buy a Bowflex and call it a day.
12:47: I totally agree. I hate prissy gym-goers. Yes, I just had my sweaty ass on that bench, as did you. Get over it.
Yeah, there is sweat from people's ASS on the equipment and you are worried about a little piss on someone's hands?
They should have given him a medal. I have always wanted to punch the idiots that scream and whoop the whole time in spinning class....they are so annoying and attention seeking.
How is screaming and whooping more annoying than assault?
Why are any guys in spinning class?
@ 1:30(1), screaming and whooping annoys everyone else in the class, whereas the assault only annoys (if that is the right word) the victim of the assault - who, in this case, invited the attack by screaming and whooping, refusing to shut up when asked to do so, and actually saying "make me." Whereupon the assailant proceeded to make him.
Now, if someone walked around randomly assaulting people with neither warning nor provocation, that would quite annoying, and another matter altogether.
Cravath associates toss people off exercise bikes all the time when they want to use them and no other ones are available or if they just feel so inclined.
Cra(p)vath associates are pussies; 12 year olds eat their lunch.
To celebrate the asshole's acquittal I went to my first spin class today and shouted "you go girl" for the entire class. The chicken shit stockbrokers kept their distance. I pissed on them anyway.
Cravath associates eat 12 year olds for lunch and then the parents pay them for it because they are Cravath associates.
I'm curious why this situation got as far as it did. The instructor should've set the pace (no pun intended) as far as conduct is concerned. I'm sure Sugarman whooped and yelled pretty often and never heard anything about it. I wonder if the club will face some civil liability for failing to intervene (if that's what happened).
“I don’t want you to think that Stuart Sugarman had it coming,” Ms. Harrington said. “We know that society and the law does not work that way.”
Apparently society sometimes does work that way. A$$hole did have it coming to him.
11:51, the total annoyance of getting assaulted is greater than the combined annoyance of everyone having to deal with an asshole whooper in class. Futher, people have a right to whoop and holler, refuse to shut up when asked, and even invite attacks. People don't, however, have a right to attack another person except in defense of self or others.
I'm sad that our culture teaches us it's ok to hurt people just because we allow their actions to anger us.
2:40: I, too, would've been annoyed by Sugarman, but I would've approached the club about it. You're in a class with other people. If you can't handle them, then work out on your own. It's not as if Carter didn't have the choice of storming out of the spin class to complain. He chose to lose control of himself. Sugarman's a doofus, but Carter's an aggro asshole.
Actually its sad that jerks like sugarman have been able to hide behind our legal system for so long. They have been able to be inconsiderate aholes without any real fear of any retribution. This case is rather refreshing in that society is willling to look the other when some is a complete douchebag and let him get the beating he deserves. If people like sugarman hadn'r been abusing the system and using it to their advantage we wouldn't have to resort to condoning violence. At least justice prevailed this time.
Actually its sad that jerks like sugarman have been able to hide behind our legal system for so long. They have been able to be inconsiderate aholes without any real fear of any retribution. This case is rather refreshing in that society is willling to look the other when some is a complete douchebag and let him get the beating he deserves. If people like sugarman hadn'r been abusing the system and using it to their advantage we wouldn't have to resort to condoning violence. At least justice prevailed this time.
2:58, you're an asshole.
MY friend think its funny to grunt and say "yeah!" in spin class sometimes.
Its only like once a class, so its merely "retarded" and doesnt rise to the level of "I wanna punch him"
1:30 I think spinning is the only class at the gym that its ok for a guy to go to. Its 50/50 when I go like once or twice a month.
Its just a bike and (hopefully good) music. Crucially, no dancing is involved.
That guy deserved to be hurt.
"Hey, Sugarman, shut your piehole!" + "Make Me, Carter!" = consent
i love spinning. my spinning instructor is hot. shake shake, shake shake, shake it.
i love spinning. my spinning instructor is hot. shake shake, shake shake, shake it.
Sorry it is just pathetic. I was assualted by a testosterone junkie for closing a door that led to a property I was renting. Could not withstand 6:30 am to 9:00pm grunting and clanging. These people need their heads examining and laws need to be passed to keep the pumped up out of the way of normal people going about their daily lives.
My spinning instructor is going all giddy doh!