Skip to main content
Part of complete coverage from

Who gets the blame for NFL player's suicide and murder?

By Danny Cevallos, CNN Legal Analyst
updated 4:45 PM EDT, Wed May 28, 2014
Jovan Belcher had advanced from an undrafted free agent linebacker to NFL starter for the Kansas City Chiefs and played in every game since 2009. On Saturday, December 1, 2012, the 25-year-old star allegedly killed his girlfriend, then drove to the Chiefs' practice facility and took his own life. After the tragedy, teammate Tony Moeaki tweeted, "One of everyone's favorite teammates including one of mine." Here's a look at his career with the Chiefs and tragic end: Jovan Belcher had advanced from an undrafted free agent linebacker to NFL starter for the Kansas City Chiefs and played in every game since 2009. On Saturday, December 1, 2012, the 25-year-old star allegedly killed his girlfriend, then drove to the Chiefs' practice facility and took his own life. After the tragedy, teammate Tony Moeaki tweeted, "One of everyone's favorite teammates including one of mine." Here's a look at his career with the Chiefs and tragic end:
HIDE CAPTION
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
'One of everyone's favorite teammates'
<<
<
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
>
>>
STORY HIGHLIGHTS
  • Family of Jovan Belcher sues team, says concussions led him to kill girlfriend and himself
  • Danny Cevallos: Traditionally, law has declined to hold others responsible for a suicide
  • Suicide and murder are acts that might be caused by many different things, he says
  • Cevallos: Society and the law are beginning to accept others can be blamed for suicide

Editor's note: Danny Cevallos, a CNN legal analyst, is a criminal defense attorney practicing in Philadelphia, New York and the U.S. Virgin Islands. He is also an adjunct professor of health care law and ethics.

(CNN) -- As the family of a late Kansas City Chiefs linebacker pursues a lawsuit against his former employer, claiming that effects of multiple concussions caused Jovan Belcher to kill his girlfriend and himself, we are left to consider a larger legal question: How liable can a negligent employer be for a suicide?

Emile Durkheim, the French social psychologist of the early 20th century, observed:

"Each victim of suicide gives his act a personal stamp which expresses his temperament, the special conditions in which he is involved, and which, consequently, cannot be explained by the social and general causes of the phenomenon."

Danny Cevallos
Danny Cevallos

Culturally, we have long-viewed suicide as the most personal of decisions. The law has mostly followed suit.

Legally, suicide is like murder in that it's a specific-intent killing. There are many degrees of intent in criminal law, and specific intent is the highest level. It means the killer acted intending the specific outcome -- the death of the victim.

The only practical difference is the inherent complication in prosecuting the completed suicide. Your defendant is also your victim, and in any event, he is no longer subject to the state's jurisdiction. So then how can we suggest that Belcher's employer negligently caused him to do the most independent, intentional act of all?

The legal question is better framed like this: Negligent parties are generally liable for all the harm that is foreseeably caused by their negligence. When a person is negligent, it means they undertook some activity, and their conduct fell below a standard of care in performing that activity. Sometimes, however, a defendant can act negligently, but the subsequent harm to another person is caused by a completely independent intervening cause. This will break the original chain of causation, absolving the defendant of liability.

Former player's mom sues NFL team

Suppose, for example, the Chiefs were found to be negligent as to Belcher. (The team hasn't commented on the lawsuit.)

Belcher's body exhumed for brain study

Suppose the plaintiff proves all their allegations and then some: Imagine an e-mail surfacing where the team president knowingly and mockingly writes after reviewing medical evidence of concussions: "Time for some concussions in Kansas City!" To which another executive, aware of the potential harm to players, writes: "Is it wrong that I'm smiling?" Of course, no such evidence is known to exist.

But suppose Belcher's family can also show that he suffered concussions and emotional problems as a direct result of the (fictional) team officials' negligence. But then imagine that Belcher's death was actually caused by an errant bolt of lightning in the parking lot. That bolt of lightning -- an "act of God" -- would be considered something unexpected that was wholly unrelated to his employer's negligence. None of us would expect the Chiefs to be liable for Belcher's death by electrocution in this hypothetical.

So what about the alleged murder committed by Belcher? Could the Chiefs be liable? Traditionally, an unforeseeable, willful criminal act that intervenes between the negligent act and an intentional killing breaks the causal connection.

Similarly, courts traditionally held that suicide was an "independent intervening cause," so that there was no liability for negligence that resulted in a suicide. But the times are changing. The recent trend is to permit these cases if the plaintiff can "prove" that the negligence caused the suicide.

This development appears completely inconsistent with centuries of jurisprudence. But it may be very consistent with the current direction of our culture: holding others responsible for our own behavior.

In Missouri, a wrongful death plaintiff has the burden to show that the decedent's death was "a direct result" of a defendant's negligence. More specifically, if the plaintiff can show that the death was the "natural and probable consequence" of the injury that the defendant caused by his negligence, then the plaintiff can win.

Now, this is no easy case to make and likely would require expert medical evidence to draw a scientific relationship between one man's carelessness and another's suicide. Fortunately for the Belcher family and plaintiffs at large, Missouri courts acknowledge that the science, like the law, is increasingly on their team.

According to Missouri courts, modern psychiatry supports the idea that suicide sometimes is a foreseeable result of traumatic injuries. And if a qualified expert takes the stand and tells a jury that, to a reasonable degree of medical certainty, a concussion directly caused a suicide, well that jury has something on which to hang a verdict.

We shouldn't be shocked. After all, as a society we've been tinkering with holding people responsible for another's suicide for some time now.

In New Jersey in 2012, Rutgers student Dharun Ravi was convicted of invasion of privacy and more than a dozen other charges by using a webcam to peek (into his own room, that he would have had an absolute right to walk into at any time) at his roommate Tyler Clementi.

When Clementi learned of the immature and cruel prank, he was upset. In gauging Ravi's responsibility, we should have considered the "natural and probable consequence" of Ravi's juvenile acts on Clementi. We should have asked: what would we have expected Clementi to do in this instance? Perhaps we'd expect him to sucker-punch Ravi. Maybe we'd expect Clementi to fling Ravi's laptop out of their dorm window.

But can any of us say the "natural and probable" consequence of Ravi's stunt was Clementi's suicide?

The clever reader will point out that Ravi was not prosecuted for the death of Clementi, and that is true. But let's face it: The main reason Ravi was in criminal court was because Clementi committed suicide. Ravi was prosecuted because of the independent act of a very upset young man. (Clementi's family decided not to file a lawsuit and instead to focus on working with The Tyler Clementi Foundation to support gay and lesbian youths.)

We're entering a new cultural era. Now, when a tragedy occurs, heads must roll, no matter what. Now that appears to include suicide, that most personal, independent decision to end one's own life. Our mind may tell us that the deceased is the only party liable for his suicide. Our grief, however, speaks louder, and it calls out for retribution.

Modern jurisprudence appears to join in the public sentiment; we are moving toward the idea that for every tragedy, every social wrong, every inequity, that someone must be held responsible. Perhaps it's socially cathartic, or perhaps we are devolving to our bloodier Coliseum days, where we are sated as long as a lion eats someone. Even though it goes against centuries of legal precedent, cases such as Ravi's and other civil cases are suggesting a cultural sea change.

When someone commits suicide, it's someone else's fault.

Follow @CNNOpinion on Twitter.

Join us at Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Danny Cevallos.

ADVERTISEMENT
Part of complete coverage on
updated 9:56 AM EDT, Tue July 22, 2014
Ukraine's president says the downing of MH17 was a terrorist act, but Richard Barrett says it would be considered terrorism only if it was intentional
updated 4:15 PM EDT, Tue July 22, 2014
Robert McIntyre says the loophole that lets firms avoid taxes should be closed
updated 3:28 PM EDT, Tue July 22, 2014
Aaron Miller says Kerry needs the cooperation of Hamas, Israel, Egypt and others if he is to succeed in his peacemaking efforts
updated 11:35 AM EDT, Tue July 22, 2014
Jeronimo Saldana and Malik Burnett say Gov. Perry's plan to send National Guard to the border won't solve the escalating immigration problem.
updated 1:42 PM EDT, Tue July 22, 2014
Sally Kohn: The world's fish and waters are polluted and under threat. Be very careful what fish you eat
updated 8:42 AM EDT, Tue July 22, 2014
Les Abend says threat information that pilots respond to is only as good as the intelligence from air traffic controllers. And none of it is a match for a radar-guided missile
updated 8:35 AM EDT, Mon July 21, 2014
Frida Ghitis: Anger over MH17 is growing against pro-Russia separatists. It's time for the Dutch government to lead, she writes
updated 8:27 AM EDT, Mon July 21, 2014
Julian Zelizer says President Obama called inequality the "defining challenge" of our time but hasn't followed through.
updated 7:57 AM EDT, Mon July 21, 2014
Gene Seymour says the 'Rockford Files' actor worked the persona of the principled coward, charming audiences on big and small screen for generations
updated 10:17 AM EDT, Mon July 21, 2014
Daniel Treisman says that when the Russian leader tied his fate to the Ukraine separatists, he set the stage for his current risky predicament
updated 12:42 PM EDT, Fri July 18, 2014
Andrew Kuchins says urgent diplomacy -- not sanctions -- is needed to de-escalate the conflict in Ukraine that helped lead to the downing of an airliner there.
updated 9:50 PM EDT, Fri July 18, 2014
Jim Hall and Peter Goelz say there should be an immediate and thorough investigation into what happened to MH17.
updated 11:07 AM EDT, Fri July 18, 2014
Pilot Bill Palmer says main defense commercial jets have against missiles is to avoid flying over conflict areas.
updated 1:55 PM EDT, Sun July 20, 2014
Valerie Jarrett says that working women should not be discriminated against because they are pregnant.
updated 3:53 PM EDT, Mon July 21, 2014
David Wheeler says the next time you get a difficult customer representative, think about recording the call.
updated 3:33 PM EDT, Fri July 18, 2014
Newt Gingrich says the more dangerous the world becomes the more Obama hides in a fantasy world.
updated 6:11 AM EDT, Fri July 18, 2014
Michael Desch: It's hard to see why anyone, including Russia and its local allies, would have intentionally targeted the Malaysian Airlines flight
updated 3:14 PM EDT, Thu July 17, 2014
LZ Granderson says we must remember our visceral horror at the news of children killed in an airstrike on a Gaza beach next time our politicians talk of war
updated 8:06 AM EDT, Thu July 17, 2014
Sally Kohn says now the House GOP wants to sue Obama for not implementing a law fast enough, a law they voted down 50 times, all reason has left the room.
updated 8:14 AM EDT, Thu July 17, 2014
A street sign for Wall Street
Sens. Elizabeth Warren, John McCain and others want to scale back the "too big to fail" banks that put us at risk of another financial collapse.
updated 4:16 PM EDT, Thu July 17, 2014
Newt Gingrich writes an open letter to Robert McDonald, the nominee to head the Veterans Administration.
updated 12:01 PM EDT, Fri July 18, 2014
Paul Begala says Dick Cheney has caused an inordinate amount of damage yet continues in a relentless effort to revise the history of his failures.
updated 10:04 AM EDT, Fri July 18, 2014
Kids who takes cell phones to bed are not sleeping, says Mel Robbins. Make them park their phones with the parents at night.
updated 1:29 PM EDT, Thu July 17, 2014
Buzz Aldrin looked at planet Earth as he stood on talcum-like lunar dust 45 years ago. He thinks the next frontier should be Mars.
updated 2:04 PM EDT, Wed July 16, 2014
Mark Zeller never thought my Afghan translator would save his life by killing two Taliban fighters who were about to kill him. The Taliban retaliated by placing him on the top of its kill list.
updated 11:18 AM EDT, Thu July 17, 2014
Jeff Yang says an all-white cast of Asian characters in cartoonish costumes is racially offensive.
updated 9:24 PM EDT, Wed July 16, 2014
Gary Ginsberg says the late John F. Kennedy Jr.'s reaction to an event in 1995 summed up his character
updated 12:41 PM EDT, Wed July 16, 2014
Meg Urry says most falling space debris lands on the planet harmlessly and with no witnesses.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT