Rest easy, Buboy, like all storms, this too shall come to pass
By Homer D. Sayson
PhilBoxing.com
Sun, 16 Dec 2012
CHICAGO -- Like most phone conversations between almost complete strangers, my chat Friday afternoon with Nevada State Athletic Commisison (NSAC) executive director Keith Kizer began with a formal introduction and the perfunctory greetings.
And then we got right down to business.
"I'm on my way to a weigh-in, but, yes, we can talk," said Kizer, a 45-year old lawyer who assumed his current position via unanimous vote last April 2006. Kizer replaced the highly-regarded Marc Ratner, who left for the boxing's budding rival, the increasingly popular Ultimate Fighting Championship (UFC).
I asked Kizer if and when his office will investigate the alleged assault perpetrated by Pacquiao assistant trainer Buboy Fernandez and Michael Koncz on Getty Images photographer Al Bello. Kizer replied that he had received an "email about two hours ago from Getty Images but I still have to take a look at it."
As reported by the inimitable Kevin Iole of Yahoo! Sports, the email Kizer alluded to emanated from Getty Images vice president and corporate counsel Lizanne Vaughan, who demanded "significant suspension period" for Pacquiao and his aides for the alleged assault.
Getty Images and Mr. Bello have every right to pursue Koncz and Buboy. But to include Pacquiao is beyond the realm of my comprehension. In all likelihood, attorney Vaughan, a product of the esteemed Villanova School of Law, probably wasn't aware that Pacquiao was sleeping like a baby when the alleged assault was brewing.
Either way, the shoe, like the famed sword of Damocles, has dropped. And in some ways, it's a relief for Buboy.
Although my legal background consists only of a few episodes of TV's Law and Order, I did major in political science. And from what I learned in basic criminal law, liability begins when intent is engendered in the offender's mind.
Ergo, if Buboy indeed slapped and kicked Mr. Bello, as alleged, how can the aggrieved party prove malice or intent?
But like I said in a previous column, I'm glad I'm not the arbiter. Deciding these matters are tough, that's why lawyers get the big bucks.
"The absence of evident premeditation makes the criminal case almost out of the question," said PhilBoxing.com NBA writer Reynaldo Seno, a trusted paralegal at a distinguished New York law firm. But speaking of big bucks, Seno added that Buboy is vulnerable in civil court where finding guilt "beyond a reasonable doubt" is not the threshold.
Bello, a multi-awarded photogrpher, could seek compensation for medical expenses incurred as a result of the alleged attack. He can also seek payment for lost wages, incapacitation, etc, Seno said. It is, however, pertinent to mention that none of the media reports seem to indicate that Mr. Bello called police or sought medical attention in the immediate aftermath of the alleged assault.
But this doesn't mean Buboy is off the hook, financially.
In January 1997, Dennis Rodman of the Chicago Bulls stumbled out of bounds and kicked photographer Eugene Amos at the Target Center. Amos, a free-lancer, was taken out of the building on a stretcher, treated and later released at a local hospital. Rodman was sued for personal injury damages and eventually settled out of court for $200,000.
Since that fateful night on the MGM Grand Garden's ring apron six nights ago, Buboy Fernandez, along with his despondent wife and their kids, have stayed in Los Angeles as they deal with this unfortunate event. A large part of their worries were triggered by the unknown, the lack of knowing, the absence of informed knowledge of what the future holds.
But now that Buboy and his wife understand that their fears were far worse than the reality, they've calmed down appreciably. In fact, the Fernandez clan is heading back home to the Philippines via Los Angeles International Airport sometime today.
Whether or not Buboy will face the wrath of an NSAC suspension is not clear. Whether or not Buboy will face a lawsuit is yet to be determined. But there will be a time for all that. And the time is not now.
Have a Merry Christmas, Buboy. And rest well in the knowledge that like many of life's turbulent storms, this too, shall come to pass.
Click here to view a list of other articles written by Homer D. Sayson.
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