Rusty Mack - Change of Venue, Change of Outcome

Score one for change of venue in the first of four court proceedings regarding the case of Rusty Mack, who died of wounds inflicted in a beating on February 11 of this year.

More than anything else having this case heard outside the confines of Colonial Heights probably had as much to do with the verdict than Jonathan Guy’s purported guilt or innocence. And perhaps change of venue is the right thing in this case. The purpose of change of venue is to ensure that a defendant be treated fairly in court with a jury pool that is not biased one way or the other.

Still, it’s hard to believe that Guy does not share some responsibility in Mack’s death. While it’s apparent that Guy did not commit the very act that eventually ended Mack’s life, a kick to the head that fractured the young man’s skull, Guy was certainly involved in the fight. Surely some charge should apply?

It’s rare for a judge to invoke change of venue. In most cases, I think, the court is wont to allow a defendant to be tried by a jury of his peers. And, when the crime happens in a specific area, the jury should come from that area. Instead, this jury came from Henrico County. I am not saying that the outcome was not fair, but it seems to me that Henrico is not very much like Colonial Heights. Henrico is home to about 300,000 people; Colonial Heights houses about 17,500.

The move takes away the community’s right to judge its own citizens. There is a significant amount of public outrage over this incident, and maybe for that reason, Guy and the remaining three defendants would have had an uphill battle in defending themselves in Colonial Heights.

But the facts of the crime are enough to incense anyone; anyone from Colonial Heights anyway. Maybe in Henrico County such matters are seen more as self-defense. Maybe this is the same kind of stand-your-ground sort of thing that enabled George Zimmerman to gun down Trayvon Martin. There is little question that the whole thing was unnecessary.

Whatever the dispute between Guy and his cousin Mack at some point someone should have realized enough is enough. When the person on the ground does not get back up—fight’s over. Perhaps Mack shares part of the blame for the event that led to his death. Perhaps he initiated the brawl that ended with him getting kicked in the skull and dying.

But according to testimony, he also asked his assailants to leave. According to testimony, the four being tried drove to his apartment to confront him. What other purpose did they have in coming to his home than to administer a beating?

It’s somewhat interesting to see the application of the law. In some cases, when involved in a felony and that felony ends in loss of life, the defendant can be charged with the death; even if that person was not directly involved in the action that ultimately led to the death. In this case, that’s the kick to the head that fractured Mack’s skull.

As this case plays out in the courts over the next several months, it will be interesting to see how the defendants prevail. It may well be that when following the law all of the remaining defendants will be found not guilty. It may be that allowing change of venue in the first case will lead to change of venue requests in the other cases, too.

Still, it seems to me that moving the case to Henrico had as much to do with the verdict as the law did. Moving the case out of the jurisdiction robs the citizens of the right to hear the case and pass judgment. Is it the court’s contention that the citizens of Colonial Heights are incapable of rendering a just and unbiased verdict? One would have to assume so given the courts action to move the case. Attorneys for the remaining three defendants:  Ashley Mack, Margaret Blair Dacey, and Francis Blaha III, now have a road map to a not guilty verdict.