The investigation is over, and the matter for now rests with a prosecutor, who will decide whether to pursue criminal charges against Raiders coach Tom Cable for allegedly breaking the jaw of defensive assistant Randy Hanson.
Nancy Gay of FanHouse reports that the investigation “turned up substantial evidence of assault and bodily injury sustained by Hanson (including medical records proving serious injury), plus corroborating witness statements from other coaches present during the altercation.”
Gay also reviews the information that Hanson provided to Napa police. In summary, Hanson told investigators that Cable slammed him into a wall, that other coaches in the room pulled Cable off Hanson, that Cable broke free from them, and that Cable repeatedly screamed “I’m going to kill you!” with his hand placed on Hanson’s throat.
Gay also points out that it is “widely expected” that Commissioner Roger Goodell will meet with Cable when the Raiders travel to New York this weekend to visit the Giants. Though the filing of criminal charges against Cable could accelerate the league’s handling of the matter, Cable faces potential punishment under the Personal Conduct Policy even if no charges are ever filed.
For now, the more pressing question is whether Cable will face prosecution. While there may be “substantial evidence” to prove that Cable is guilty, he won’t be convicted absent proof beyond a reasonable doubt. Many prosecutors will decide not to bring charges unless they are convinced beyond a reasonable doubt that a jury will not find reasonable doubt at trial.
Some of you (especially those who follow the Raiders and wish that this would all go away so that another excellent great average mediocre so-so football season can be enjoyed without distraction) believe that Cable will be found guilty only if there is proof that he deliberately punched Hanson or that Cable specifically intended to break his jaw.
In a roundabout way, there’s some merit to this reasoning.
As it relates to the potential felony charges Cable is facing, the reasonable doubt might come not from whether Cable pushed or shoved or throttled Hanson, but from the question of whether Cable’s actions fall within the scope of the relevant test for determining whether Cable used “force likely to produce great bodily injury,” as required by California Penal Code Section 245(a)(1).
So what is “force likely to produce great bodily injury”? Cable probably would claim that what he did wasn’t “likely to produce great bodily injury,” and that the broken jaw was a fluke thing that happened while Cable otherwise was engaged in rough contact during a momentary fit of frustration.
In other words, Cable’s lawyer will likely argue that pushing a guy into a wall doesn’t constitute an act that is “likely” to produce “great bodily injury,” even if some bodily injury actually occurs.
It all quickly gets confusing, but there’s enough play in the words to allow a zealous lawyer to argue that Section 245(a)(1) doesn’t apply felony status to everyone who accidentally inflicts an unintended injury while engaged in rough horseplay.
In our view, it’s enough of a gray area to trigger settlement talks aimed at a plea to a lesser charge and a period of probation.
That said, if Cable pleads guilty to any crime arising from this incident, he surely will be punished by the league office.
The other reality is that, if this thing hangs around long enough, the suspension won’t matter as much because it’ll be imposed when he’s the former head coach of the Raiders.
To punish Cable, they should make him coach the Raiders….oh, wait……..
Does it matter? I mean, this is a clear case of workplace violence – shouldn’t the DA’s office prosecute, even if it’s not a felony? If it was 3rd degree assault, he should be prosecuted – let him plead out or something, but we’re not suggesting (workplace) violence, of ANY kind be ignored, just because the prosecutor can only get a base hit, not a home run.
Zzzzzzzzz…
Can’t find a QB in the Bay area.
Oakland’s #1 pick Russell… is a bust, and so was Alex Smith for the 49ers.
Cable and Hanson deserve each other. Both should be punished by having to serve together for another year on another team’s staff in the future.
Haven’t seen it noted elsewhere, but is this broke-jawed coach still with the Raiders?
And, Florio, from a legal beagle viewpoint, what is Big Al’s liability in all this?
“Cable will be found guilty only if there is proof that he deliberately punched Hanson or that Cable specifically intended to break his jaw.”
Now, I’m no judge, but if Cable was screaming “I’m going to kill you!” with his hand placed on Hanson’s throat.
And this happened after breaking his jaw, doesn’t seem the least bit to deliberate.
Florio, Even if Cable avoids criminal prosecution due to the existence of reasonable doubt, this standard should not help him in a civil suit. If Hanson was to win a civil suit against Cable, what do you think Goodell would do to him under the personal conduct policy?
No, you guy’s have it all wrong see.
Hanson tripped & when Cable dove in to the rescue he accidently broke Hanson’s jaw, as he helped him up, by the throat, he said “you almost killed me”…yeah, that’s the ticket.
I got it straight from Mark Schlereth.
Nancy Gay is not even a reporter…She is a blogger who get’s her facts from inside sources..LOL.
This is why she is working at Fanhouse, Mike Lombardass ragg…
It seems like this site is getting more and more like Fanhouse. What happened to facts and not reporting on opinion?
The NFL already stated that they are monitoring the decsion by the DA’s office and there is no meeting going to happen this weekend between Godell and Cable.
Shouldn’t the coaches be held to an even higher standard than the players are?
Regardless of what happens in the legal case, Goodell needs to suspend him for a few games.
Florio…get to the heart of this……HOW MUCH? How much will Cable pony up? What is the liability of the Raiders and the NFL?….HOW MUCH?
Why dont you follow Big Ben the Rapist?
How come Gay doesnt follow Big Ben around?
Raiders have one of the yougest teams in NFL..Anyone who expected us to be a playoff team this year was kidding themselves…Rebuilding takes awhile and since the Raiders started the youth movement 3 years ago rather than 2003, which set them back to this point.
Wait so there was never a punch thrown?? I do like how Hanson’s story goes from him yelling, ‘That’s a lie, John’ to being blindly tackled.. Either Cable is crazy on edge, or we’re missing a few facts!
This is Al Davis’ chance to fire Cable. Watch. Another couple of blowouts and Davis will not only fire Cable, but he’ll bring in Dennis Green or Jim Fassell to coach the team at season’s end.
For the remainder of the year, Hackett, Tollner, or Marshall will coach the team.
What a disaster.
did you know that Desmond Bryant has more tackels than Raji??
Desmond Bryant was is a undrafted rookie….why dont you write about that?
Hammarhead, Hanson has been banned from the facility, but is still under contract with the Raiders. Davis apparently had something to do with banning him, (reading into Nancy Gay’s article) and to me that means Hanson is going to walk away with a pile of dough, because it seems as though Davis did the opposite of what an employer should do when an employee is attacked on the job. Still surprised Florio didn’t comment on that – isn’t he a lawyer? I think the criminal investigation is just leverage to get a big civil settlement. If they get the settlement they want, Hanson will drop the charges. (Not really his decision to drop them, but he could refuse to testify.) I guess I like watching slow train wrecks, and this is a good one.
“In summary, Hanson told investigators that Cable slammed him into a wall, that other coaches in the room pulled Cable off Hanson, that Cable broke free from them, and that Cable repeatedly screamed “I’m going to kill you!” with his hand placed on Hanson’s throat.”
What a friggin’ lunatic! Maybe Cable is legally insane?
You lost me at “Nancy Gay”, Florio.
Oakland… What a disaster…
The one thing missing in all this is Cable’s version of the event.
Let me get this straight; overweight, out-of-shape Tom Cable broke Randy Hanson’s jaw with one punch, but world-class athlete Braylon Edwards can’t even knock down Steve Urkel with a direct punch?
Apparently we know one thing Braylon can’t drop.
“encinitasraider says: October 8, 2009 11:21 AM
Why dont you follow Big Ben the Rapist?”
Because the story you so desperately wanted to happen simple doesn’t exist? Ya think?
Book him ASAP so this can be done with! The year is over for the Raiders and to you Raider fans who don’t want to hear it…piss off. THEY STINK!
Sorry, the District Attorney is an elected position.
The politics, Al Davis’ perception of his juice, plus all the dirt he can get on the prosecutor and a few smoke filled rooms will get Davis a shady deal and later when it is Davis’ turn to fulfill his part of the bargain he will back out.
This is really an integrity test for the DA.
It is also a senility test for Wierd Al.
My God, what is there to think over here?
Is the prosecutor going to go after Al Davis? I mean, selling tickets for an “NFL football game” and sending out these Raiders HAS to be considered fraud, right?
Old Tommy Boy, aka Jerry Quarry, will end up turning himself in once a warrant’s been issued, post bail, and will finish out the season unless the Commish has other ideas. Soap opera? Hell yes..
I’m sure Al knows a few “zealous” lawyers.
Meh to anything gay ever “reports”.
Gay didn’t lose her job ’cause she’s good.
Everyone knows that Mike Florio is a Raider basher. I know he heard Boomer say no point beating on a dead horse. Kick em’ while they’re down right Florio? No team has gone w/o it’s struggles in the NFL and the Raiders happen to be the most snakebitten. So even though this Raider drought is happening when your down the only way is up. Follow me on Twitter at RelentlessIV. ONE NATION, RAIDER NATION.