personally, if some dude in a restaurant or wherever through his drink in my face, id deck him too. On the OTHER hand, if I was a professional sports player and KNEW that this would be on tv and each punch could potentially cost me a million bucks, I'd show more restraint. If he had NOT run up into the stands, Im sure the drink-thrower would be arrested for that. throwing a drink in someone's face is prosecuteable battery, just like spitting. (most people don't take it that far though--pressing charges for minor batteries)
we briefly discussed this in my Torts class today as were reviewing battery and assault (and other stuff) and it was clearly agreed upon that every single person in that melee would be liable for battery. it was also widely agreed upon by everyone, especially by the professor who practiced this type of law (tort) for years, that Artes would not be able to claim self defense. Artes would have to fear that the dude was about to hit him, the guy who threw the drink at him was 10+ feet away.
ps just clear up some misconceptions i see posted in hear and often hear:
1. assault is the apprehension of an IMMEDIATE contact or battery. doesn't have to be fearful, could be simply unpleasant. (you also dont have to be aware of it, it can "about to happen" behind your back)
2. battery is any offensive touching including spit, poking, pushing, hitting, etc... or by use of something to touch, ie throwing a chair at your head or firing a bullet into you.
if you push someone down on their a$$ you have committed a battery, not an assault. if they saw you coming, and thought you were about to do something to them, then it would be assault & battery.
self defense can only be an equal or lesser force (unless you reasonably believe your are about to be battered). in other words, if someone on the 2nd story throws a chair at you, you cant run up there and beat him. if you throw a chair back at him, you have just committed the same offense.
not to be preachy, just a little fyi on assault and battery. I see some people saying "he pushed his face and that was clearly assault"--it would be assault and battery, cuz he saw 6'8" of mass coming straight at him.
my 2 cents, i agree with Jato. some serious examples need to be made here. in doing so, they can prevent fans from acting stupid in the future and players from losing control. As a sports commentator said on tv, self defense may keep them from losing their jobs or receiving extremely harsh NBA penalties, but it wouldnt fly in court. I think the guys who went onto the court should be banned for life from any NBA game and arrested and sued (civily) by the players. I think the fans that contributed to pouring drinks on the players heads should maybe be banned for life as well, in addition to arrest and being sued by the players. the fans involved are sure as hell going to sue the players.
