Man...some of you guys are harsh. The kid had no prior record and made an instinctual act by kicking a person that punched him in the back of his head. Should he be given no chance at a future. I don't even really care that we have him from a football standpoint bc he's gonna likely be riding the bench anyway but people make mistakes and this kid is being criticized more by the result of his act (actually not even his act) rather than by the level of malice he acted with.
& because I'm an ECU fan I will be lumped in with the homers but I truly do believe that our country was founded on 2nd chances by individuals that were lucky enough to be granted 2nd chances. If you look at the actual facts of this case, this kid is not actually deemed to be responsible for the blow that caused the damage. Consequently, the real questions are:
(1) How much do you mitigate his culpability due to the provocation factor? (i.e., Would a reasonable person in Nelson's position be highly outraged by being punched from behind like that?)
https://en.wikipedia.org/wiki/Provocation_(legal)
(2) Was Nelson really trying to permanently injure the guy? (i.e., Did he have time to completely assess what he was doing (while intoxicated) or was he merely acting out of rage?
https://en.wikipedia.org/wiki/Malice_aforethought
If the kid had died, the highest level felony he could be convicted for would be a low level felony of involuntary manslaughter
https://en.wikipedia.org/wiki/Manslaught...nslaughter
Additionally, he really wouldn't be guilty of that even if the guy had died because the actual harm causing the injury was from Nelson's friend and not Nelson himself. Accordingly, the most Nelson should have been found guilty of is simple assault (mid-level misdemeanor in most states). Again this is Nelson's only charge ever and I'm sure Ruff took the totality of the circumstances into account. I applaud the program for giving this guy a 2nd chance and before someone jumps all over me I would feel the same for any analogous situation involving any school (particularly in this conference).
Bottom line: Given the facts of this case the kid deserves another shot. Forget about the community service punishment. He lost his opportunity to compete at a school that he chose for himself, he had to deal with media scrutiny and the court system, and he had to live with the shame of this situation and a criminal record. It's easy to judge but everyone makes mistakes.