Choked to death in a streetfight....

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LAND O’ LAKES - The State Attorney’s office announced Monday it would not prosecute the man who killed someone with his bare hands in Pasco County.

That decision was based largely on a security camera that caught the fast-food fight on tape. Cops say the tape helps clear Martin Robless-Taylor, but the dead man’s parents say this is anything but clear.

“My son was, like everybody said, he was a gentle giant,” Wayne Makowski told Action News.

Wayne Makowski loses his composure when he thinks about the way his son died – in a fight in a McDonald’s parking lot in Land O’ Lakes. But what really stunned the Makowskis is that the man who killed their son will not be charged.

“I was totally shocked. I did not expect this type of decision whatsoever,” Cathy Makowski added.

The fight to the death was caught on tape by a security camera at McDonald’s. The video footage shows Anthony Makowski and Martin Robless-Taylor fighting.

“I just feel this is extremely unfair investigation. The criminals admitted to choking my son,” Cathy exclaimed.

But deputies say there was no crime, and hence no criminal – this was justifiable homicide. Cops say it appears on tape the man who died was on top in the fight, that he was the aggressor.

Cathy and Wayne Makowski were in tears after learning of the decision not to prosecute the killer of their son, Andrew (above).
“Saying it is excusable homicide is outrageous. It did not go before a grand jury,” Cathy continued.

Grand juries are frequently asked to decide on homicides, but not in this case. Investigators explained that the tape made that step unnecessary.

“This case, we had the tape, which showed that the evidence was not there for a grand jury,” sheriff’s office spokesman Kevin Doll explained. “Our investigation showed that it was a case of self-defense, and the state attorney’s office investigation showed the same thing.”

But that’s simply not good enough for the Makowskis.

“It’s like in a football game, where you have a fumble,” Wayne Makowski offered. “One camera will show you, yes, it absolutely is. But on the other angle, it shows you absolutely not. You really can’t believe what you see.”

From the security camera, it looks as if he was choked out from the bottom. The video interview with police says the man who was choked to death was the aggressor and on top of the other.

http://www.abcactionnews.com/stories/2005/08/050822fight.shtml

Video link included on the page.

The victim is desribed as a “gentle giant.” I wish they gave us the tale of the tape in this one.

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IsS there video of the fight?

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I don’t know if the DA made the right decision or not, but I’d just say that “being on top” doesn’t really mean you started the fight or commenced the assault…

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I’m guessing the tape showed who started the fight also. And if not, then the guy on top is the agressor because he won’t get up off of the guy even though he can.

Still, choking someone to death takes a while and getting off scot free is a bit too easy. I mean, he had a few MINUTES to release the choke.

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Good point Poop. You’d think the point where the guy passed out might have been a good place to let up on the choke…

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People were around. They could have stopped it when one guy went limp.

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You couldn’t see too much from the video link online, so it’s hard to tell what was actually going on. Generally, though, I like to see a lot of lattitude given to people when they are defending themselves. It’s not like the MA are an exact science. Most people might take X seconds to choke, but that odd guy (eggshell plaintiff) might just take a tenth of that. Should someone serve 10 years because they couldn’t make that judgment under pressure?

What annoyed me is how the parents are now portrayed as victims. The media didn’t spend any time really examining whether the homicide was actually legitimately in self defense. It could be that this guy’s a notorious bully, and was looking to beat someone down and hit upon the wrong guy.

Usually, you seem to see overzealous prosecutors trying to pull a crime out of any kind of act, so it’s good to see someone get some slack for a change.

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so pulling guard = justifiable homicide?

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You all are assuming he was choked or strangled. Perhaps his throat was crushed or the neck broken?

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Exactly, hence the eggshell plaintiff thing. You never know, it’s possible it was just his day to get his throat crushed because it was oddly weak. Should someone do 10 years for that?

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Maybe those outraged parents supported the ‘stand your ground’ law and don’t see the irony of it.

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It says “choked out from the bottom”. I don’t know much about throat crushing, it might look the same as if he got choked for all I know. We’re all just going on what we have. It’s a shame they won’t release more info.

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I couldn’t see the video either.

But I saw his picture and read the description. Gentle giant my ass. I picture this guy as one of those cocky jock fucks from high school. Sounds like he started some shit in the parking lot, started pounding a BJJ guy and got ezekialed. But being on top and being that big nobody could do anything about it.

Also, I would bet that alcohol was involved and that can certainly complicate things. But if the prosecuting attorneys, and the police say this guy was on top and was the aggressor than I will buy it. There were probably plenty of witnesses too.

BJJ wins again.

EDITED:

Read more about this incident:

The video shows that Makowski (6foot4inch 271lbs) charged and body slammed a 25 year army guy. Some shit got started in the drive through. They got out of the car and a 2 on 2 started. Makowski bodyslammed the other guy and took him down and was pounding on him. The other two stopped fighting to watch them. Someone said for him to let go of the choke, and he replied that he would when Makowski would let him. Others say the response was, I will when he stops hitting me. The choke was held from 2 - 3 minutes. And the description was that it was a headlock.

Yes, Makowski was a football player. And yes, his blood alcohol level was .14

From what I have read it sounds justifiable since he did not mean to kill him. Also, details are hazy, but nobody told the police that the victim might need help. They were detained in another area and nobody tended to Makowski.

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Guillotine?

Football player a gentle giant? He must have sucked at football, then.

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If all those details above are true, the only thing that will keep the acused sane after killing another man. Is the fact that he acted as if in a in a kill or be killed manner, cause he was in a kill or be killed situation.

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The article is definitley with the parents, but I am happy to go with the law on this one. I would say that the video-tape would have to show what happened pretty clearly in order for the police to say, flat out, that this was justifiable homicide. Even in consideration of that, it is of no surprise to me that the parents are complaining. I’m sure that no reasonable punishment could assuage the grief that they’re feeling, which makes their opinion worthless. In other news, there is one less meathead getting drunk and beating up on people.

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That’s some harsh shit right there. Sounds like something out of a TV movie.

2-3 minutes? That sounds about right for a wind choke… or a really tight headlock, like it was described as (at least the headlock part).

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It says “choked out from the bottom”. I don’t know much about throat crushing, it might look the same as if he got choked for all I know. We’re all just going on what we have. It’s a shame they won’t release more info.

What do you think happens when the police choke someone out? We all know that chokes don’t kill when done properly. Not before unconsciousness anyways. So when you hear about people being killed with choke holds, generally the neck is broken somewhere or the throats been crushed. So really, there was no reason to assume that this is a choke at all.

Now, with the updated info, seems it may have been. Also seems like this WAS murder. 2-3 minutes? No way he was conscious that entire time. Seems kinda shady.

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Actually nobody knows WHEN the guy died. You assume he died from the choke. But accounts also say that he was unattended for a long time after the police showed up.

I can see a scenario like this: Tackle, bodyslam, ground and pound. Little guy finally gets a headlock on. Big guy keeps punching. And punching. Bystandards tell him to let go. He says he will once the big guy stops punching. Big guy is still punching. 2 minutes go by and big guy finally passes out. Little guy still has this guys wieght still on him and is a bit scared to let go and take more pounding. Finally lets up. Police arrive and detain the suspects. 10 minutes go by and the victim who might have lived if he had recieved medical attention is finally seen. He might have been choked unconscious. He might have had his windpipe slightly crushed over 2 minutes, and after passing out he was unable to breathe on his own. 20 minutes later EMS arrives. Man is quite dead at this point.

Im sure that isn’t what happened. But it is probably close.

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Acutally chokes CAN kill when done properly. We are just used to letting go when the person taps or goes unconcious and immediately waking him up. If held longer and with no attendance you definitely can kill someone. And like Yrkoon said we don’t know WHEN the guy actually expired.