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Kentucky coach rightly acquitted after player's death
by Steve Booher
Monday, September 21, 2009

Most football coaches are tough, demanding and loud. Almost none are murderers.

A head football coach in Louisville, Ky., was acquitted last week of reckless homicide and wanton endangerment after one of his players collapsed during practice last year and died three days later.

News stories said coach David Stinson was disappointed in the effort his team showed during practice and made them run extra wind sprints (called “gassers”). The temperature and humidity were around 94 degrees. During the sprints, 15-year-old Max Gilpin overheated and was taken to a nearby hospital, where he died of heat stroke. Later, the prosecutor in that county filed the charges against coach Stinson.

At a cemetery in South Bend, Knute Rockne must be turning in his grave.

Dave Stengel serves as prosecutor of Jefferson County, where the boy’s death occurred. On his Web site, Mr. Stengel lists several professional awards he’s won in Kentucky, and in a message to the public, he writes, “As chief felony prosecutor, I believe the full weight of our efforts should go toward eradicating crime and doing justice.”

After charging coach Stinson, Mr. Stengel could probably add “going on witch hunts” to the part about eradicating crime and doing justice.

It is tragic when any young person dies, whether he or she scores the winning touchdown or plays a mean tuba in the marching band. But charging the coach with a crime, at least in this case, was indefensible, especially after the circumstances surrounding the case became known.

For instance, that morning Max’s stepmother said he was warm to the touch and complained of not feeling well. Other testimony indicated that Max had been using a dietary supplement, creatine, and had been taking Adderall, a drug used to treat attention deficit disorder. Teammates testified that Coach Stinson made them run “only a few more” sprints than normal. Even the county’s medical examiner determined that Max’s death was accidental.

It took a jury 90 minutes to acquit coach Stinson. That’s a pretty decisive verdict and a pretty good indication that charges never should have been filed and this case never should have gone to court.

The Associated Press quoted prosecutor Leland Hulbert, Mr. Stengel’s assistant, as saying he hoped the case would make coaches pay closer attention to their players. “I do think some good will come out of this trial,” Mr. Hulbert said.

Spoken like a lawyer who just got his butt kicked in court.

Mr. Hulbert is right, though. One positive thing did happen because of this trial. All high school coaches and athletic trainers in Kentucky must take a four-hour online course on heat-related illnesses, injuries and first aid. And, according to the AP, the school district where Max’s death occurred now requires coaches and parents to watch a 40-minute video about health issues.

Keep in mind that four hours of training or 40 minutes of education won’t make anyone an expert on heat stroke or asthma or any other illness that could affect their players. But it’s a start.

It’s a shame, though, that a player had to die and his coach had to be accused of murder before Kentucky’s legislature decided to do something. Other states might want to get on top of this and require some training for their coaches, athletic trainers and parents.

You know, it gets awfully hot and humid in Missouri about the time football practice starts.

Steve Booher’s column runs on Monday. He can be reached at steveb@npgco.com.

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LibertyOrDeath September 21, 2009 at 7:04 a.m. (Suggest removal)

So what happens when a child collapses, and forbid, dies from practice after coaches and parents have participated in these training instruments?

If I've learned anything about regulation and more laws, it's that they are created to pin-down a guilty party in the future should such an instance occur again.

My point is - will a murder charge now stick if such a thing happened again, under similar circumstances? After all, they'll be able to say they had all this training and they should have know better. That would certainly justify the "reckless" charge in the future.

So are we really trying to protect kids?

Are we trying to pin someone down to possible murder charges in the future?

Or is this another instance of politicians trying to appear as if they're doing something productive?

What happens when another kid dies? Statistics say it will happen again, unexpectedly. Will it come to a point where you can't have practice unless it's below 75 degrees? Will teams who can build an indoor facility be the only ones allowed to practice and play football?

We are traveling down a slippery slope indeed.

Taking a course and a class does little but make these guys guilty of murder if it happens again. We're talking about athletic directors - to get those positions you'd have already had basic-to-intermediate first-aid, CPR and health education. If we acknowledge their actions weren't representative of murder then what is the point - I guarantee they have already had training beyond what will be in an online course or 40 minute video.

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heritage_sarahhochschwender September 21, 2009 at 7:52 a.m. (Suggest removal)

i don't have enough information to comment on the case reported on here. however, as a freshman in florida, my son was subjected to brutal and outrageous ridicule when he finally refused to run more gassers. he was obviously suffering from heat problems, the team had NO water, and if a player asked for some they were told to use the spigot on the side of the building.

i do believe that the need to win overtakes common sense and that more supervision by parents has to be provided in hot climates. the macho attitude in football is legendary, and often fear motivates athletes to push themselves beyond the limit. a coach's style has to be one of leadership and no participant should be portrayed as giving less than 100% because they say they need a break.

its a GAME, folks. if your child vomits, has goosebumps in the heat, or if you simply have a gut instinct that enough is enough, take them out of the line and get them immediate help. period.

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LibertyOrDeath September 21, 2009 at 8:07 a.m. (Suggest removal)

Heritage, you make my point for me.

It should be the parents' responsibility to look over their child. After all, the macho attitude is "legendary" as you say. In that respect, you know what to expect - go to your kids' practices and make the call if and when you feel it necessary.

We don't need the state to protect us. The state fails miserably in anything they do - now you mark my words parents will become even more complacent (if that's possible) and will relinquish rearing to the institutions.

Raise your own children and be a part of their lives. Don't give me the "it's a hectic world" stuff either, this is our children we're talking about.

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heritage_sarahhochschwender September 21, 2009 at 8:27 a.m. (Suggest removal)

lord, that is all well and good, but the coach , if he knows the athlete has vomited, should immediately pull the kid out. according to what i have read, this coach had assistant trainers in place who witnessed this kid was headed into trouble.

many parents cannot make practice. in fact, many players are "embarrassed " to have their mom on the sidelines. it is up to the coach to make certain their players know that it is not "wimpy" or "sissy" to sit down, and to constantly hammer that home. i just watched a segment on GMA where a young benton player made a touchdown....... and found that single example of sportsmanship to be far more important than any WIN.

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LibertyOrDeath September 21, 2009 at 9:23 a.m. (Suggest removal)

I agree with Matt Zeisels story - I wonder why it isn't being covered here?

BUT - be embarrassed or be dead. Is that our choice? If you can't make it to practice - then it is your problem, what's more important to you? If you're working two jobs then youi need to make it a priority to meet with the coaches when you can to explain your feelings.

This is not a state problem, this is a parenting problem. And Heritage, I enjoy reading your comments and I'm not singling you out, just trying to make a point.

Parenting is our responsibility, not the states.

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comment September 21, 2009 at 10:31 a.m. (Suggest removal)

Football is not a game! It is a brutal sport! You ca break arms, legs, your neck, back, get concussions and yes, practice can be brutal also. As parents, do you not know this? It is a macho sport. It goes back to the days of the Gladiators in the arena. People came to see blood, dying, and death! It ain't no different today. Parents as far back as I can remember have pushed their children into these sports. Its all fun until someone close to you gets hurt.

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heritage_sarahhochschwender September 21, 2009 at 10:38 a.m. (Suggest removal)

lord, don't worry, i know a sensible conversation when i hear one!!!!!!

i recommend each coach know this book inside out.

"raising cain:the emotional life of boys" kindlon/thompson

our culture won't let young men express weakness or fear.

as a mother, i was kinda glad our son didn't make the team. i don't think i could have dealt with watching him play. he would have been the player with the mother who was covering her face for the entire game..... poor sean had little exposure to team sports. when the coach asked him what position he thought would be his preference he said with a straight face..... "prone".

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dillygent1 September 21, 2009 at 11:05 a.m. (Suggest removal)

I think all of these have been good posts. I agree with all of them. But the thought did occur to me that if football practice started when weather permitted, and it could be proved that the child was injured due to lack of conditioning, would the football coach then be held liable for the child's injuries? Keep in mind that the state mandates how many practices athletes should have before the first game, and even when the season is over. Maybe practices should only be allowed in early morning and in the evening. Now a person I'm feeling sorry for in this situation, is the coach, who also must win games.

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Memorii September 26, 2009 at 4:36 a.m. (Suggest removal)

I agree that coaches should pay more attention to their places in conditions like these. And I think that it's a good thing that coaches in Kentucky have to be educated even a little bit now on heat related issues that could occur with their players. And the parents having to watch that video is a good thing, too. :)

I also think it's sad that it took a player dying and his coach being accused of murder to have this happen. :(

I feel for the parents of that student who passed away, but I don't think this should've gone to trial either. I'm sure if the coach had been aware that running those extra sprints would harm that student in any way, he would not have done it.

Coaches are "mean" to motivate and make sure their players don't slack off. But, they are usually not cruel.

I agree with the overall opinions of the person that wrote this article. :)

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