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View Full Version : Peruvian Fighter Charged with Manslaughter After Training Death


VCURamFan
04-22-2010, 06:32 PM
Franco Lescano had only been training in mixed martial arts for six months when everything went wrong. During the midst of sparring with David Salazar inside a San Fernando, Argentina gym on March 10, two lives would be changed forever.

While the facts of exactly what happened are in dispute, the final outcome was undoubtedly tragic: a training accident resulted in Lescano becoming a quadriplegic and eventually dying after 21 days of intensive care hospitalization.

According to at least one local press report (http://www.clarin.com/diario/2010/04/15/sociedad/s-02181216.htm), the accident resulted when Lescano was shooting in for a takedown and landed awkwardly, probably on his head.

The result of the horrific sequence was two fractured cervical vertebrae and spinal damage for Lescano, who was left motionless. The immediate care provided by the gym is considered a contributing cause of his death, according to Lescano's family. The attorney for his wife told one media outlet that instead of immediately calling for medical help, Tiger Gym members moved Lescano themselves (the gym disputes that assertion). Neck injuries require immediate stabilization as any movement could exacerbate the problem up to and including death.

"Franco's injury was compounded by the abysmal care they received there," Jose Vera said.

The 30-year-old Lescano had two children and had reportedly been training for his first fight. Three weeks later, he was dead.

Meanwhile, the 19-year-old Peruvian Salazar was arrested and charged with a crime similar to manslaughter. Some of the news stories on the incident describe Salazar as using a choke-type hold on Lescano as they fell to the mat, though none of the reports suggest anything malicious in his actions. Neither do any of the reports suggest how much jail time Salazar faces if convicted.

In discussing the case, the city's attorney general told the media, "This 'anything goes' is nonsense. It's not a sport, it's a massacre."

Several of the articles discussing Lescano's death note that mixed martial arts is organized and sanctioned in the part of the country where the accident took place, though his wife insists that the gym members were practicing not for MMA, but for vale tudo, the sport's precursor with few of the safety rules inherent in today's MMA.

There have only been a handful of deaths in MMA history, and only one has taken place as a result of a bout in the United States, when Sam Vasquez died (http://www.mmafighting.com/2007/12/02/mixed-martial-arts-fighter-sam-vasquez-dies-of-injuries-sustaine/)after collapsing in the third round of a fight in Houston, Texas in Oct. 2007.

Neezar
04-22-2010, 09:01 PM
Very sad.

VCURamFan
04-22-2010, 09:02 PM
Agreed. A real bummer.

Neezar
04-22-2010, 09:03 PM
I am not sure that they should have charged the other guy with a crime though. :unsure-1:

VCURamFan
04-22-2010, 09:04 PM
I am not sure that they should have charged the other guy with a crime though. :unsure-1:
Well, if they moved him without securing his neck, you know better than I how much damage that could do.

Neezar
04-22-2010, 09:14 PM
Well, if they moved him without securing his neck, you know better than I how much damage that could do.

But they all didn't get arrested. Only the one he was fighting.

VCURamFan
04-22-2010, 09:38 PM
But they all didn't get arrested. Only the one he was fighting.
That's a good point. I guess they figure that since they were fighting, that makes it an assault? I would guess that the gym doesn't have people sign waivers to protect against this sort of thing...

Dethbob
04-22-2010, 09:49 PM
Itís weird how superstitious the reactions to MMA can be. The guys got enough to worry about without being charged with a crime.

Neezar
04-23-2010, 12:14 PM
That's a good point. I guess they figure that since they were fighting, that makes it an assault? I would guess that the gym doesn't have people sign waivers to protect against this sort of thing...

The waiver would only be useful in a civil case. It shouldn't have any bearing in a criminal case. I am still surprised the other guy was charged at all. :unsure-1:

Tyburn
04-23-2010, 12:38 PM
The waiver would only be useful in a civil case. It shouldn't have any bearing in a criminal case. :

:huh:are you sure :blink:

rockdawg21
04-23-2010, 12:41 PM
Sad to hear the death, just as sad to hear the charges against Salazar. Had this been a boxing or just a wrestling sparring session, there wouldn't have been any charges - there's a real ****ty double-standard when it comes to MMA.

Neezar
04-23-2010, 02:12 PM
:huh:are you sure :blink:

Almost positive.

If you signed a paper saying that you wanted me to shoot you and I did, would the paper save me from being charged with murder? :huh:

Tyburn
04-23-2010, 06:07 PM
Almost positive.

If you signed a paper saying that you wanted me to shoot you and I did, would the paper save me from being charged with murder? :huh:

Oh no...I see what you mean. But isnt an Institutional Waiver slightly more authoratative? I mean...if you sign off on Health and Safety and then you have an accident because you didnt follow the guidelines...and you went to court to sue...I can see how, in that Civil case...you would probably loooose because of the waiver...but supposing you died...the holding of the waiver would prevent a criminal charge of negligence or manslaughter wouldnt it?

What I mean is...if the guy signed anything...cant the gym claim that the Waiver prevents anyone on the property being charged in a criminal manner like the above?

Neezar
04-23-2010, 06:12 PM
Oh no...I see what you mean. But isnt an Institutional Waiver slightly more authoratative? I mean...if you sign off on Health and Safety and then you have an accident because you didnt follow the guidelines...and you went to court to sue...I can see how, in that Civil case...you would probably loooose because of the waiver...but supposing you died...the holding of the waiver would prevent a criminal charge of negligence or manslaughter wouldnt it?

What I mean is...if the guy signed anything...cant the gym claim that the Waiver prevents anyone on the property being charged in a criminal manner like the above?

:laugh:

:huh: No.

An institutional waiver, or any waiver for that matter, can not override a jurisdictional criminal law.

Chris F
04-23-2010, 06:12 PM
Isn't this another country? SO our laws would not really apply. As for a wavier. A wavier does not save one from negligence. Is this had happened in America the Gym would be sued and loose handily.

Neezar
04-23-2010, 06:15 PM
Isn't this another country? SO our laws would not really apply.

We aren't trying to apply our laws.

Chris F
04-23-2010, 06:19 PM
We aren't trying to apply our laws.

Thats why it was in the form of a question. I was asking :)

Neezar
04-23-2010, 06:23 PM
Thats why it was in the form of a question. I was asking :)

That is why mine is in the form of a statement. I was answering.

:Whistle:

:laugh::laugh::laugh:

Tyburn
04-23-2010, 06:38 PM
That is why mine is in the form of a statement. I was answering.

:Whistle:

:laugh::laugh::laugh:

:laugh: I understand. I know a lot about English Employment Law (which is Civil) but virtually nothing else. I've never been in trouble with the English Police ( :ninja::laugh: ) So ive never needed to prep for a Defence.

You can take it that I have had too, from the Former :sad:

I wish you would remove your avatar...its making me sad :sad:

Neezar
04-23-2010, 07:15 PM
I wish you would remove your avatar...its making me sad :sad:

Me, too.

Tyburn
04-23-2010, 08:28 PM
Me, too.

:ashamed: I didnt mean you had to though...I just meant...well....the thing in your avatar was :cry:

I hope you feel better soon Denise :)

Spiritwalker
04-24-2010, 04:29 AM
:huh:are you sure :blink:

Neezar is correct.

But consent forms can be void if some one tries to help, and actually hurts them more.


Kinda lame like that.. but I guess I would rather not be further injured.

Tyburn
04-24-2010, 12:22 PM
consent forms can be void if some one tries to help, and actually hurts them more.



Well, that I knew. :)

but isnt the gym disbuting that he was moved :huh:

TLC
04-26-2010, 06:56 AM
Is he not aware of how many injuries (including death) have ocured in boxing?!? I don't hear him going off about that!

VCURamFan
04-26-2010, 12:17 PM
Is he not aware of how many injuries (including death) have ocured in boxing?!? I don't hear him going off about that!
I know. Not to meantion football, baseball, hockey, etc., etc., etc...There's a completely unjust & unwarranted stigma placed on our sport.