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Suspects Say We Didn’t Start Fight

Pair charged in beating death appear in Court

September 13, 2013

WHEELING — The two men charged with murdering Kevin Figaniak each said the Wheeling Jesuit student initiated the fight that allegedly led to his death, a police detective said Thursday....

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Sep-13-13 1:03 AM

we will have to wait and see. but if the injuries a source told me really happened, then it was murder no matter who started it. no reason to slam, kick and beat someone when they are already down.

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Sep-13-13 1:23 AM

I would be inclined to think that if you followed some one 938 feet with no previous physical contact you absolutely started the fight. Words can aggravate people but assault is assault and if it leads to death then some one is certainly responsible for the entire course of action that led to the death. To even try to blame it on the boys friend for trying to help him is completely ridiculous.

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Sep-13-13 1:26 AM

Why did the victim not want the police contacted? Victims usually seek police assistance. Victim assistance is the role of police. Did the victim fear public intoxication charges perhaps?

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Sep-13-13 1:39 AM

The surviving victim was an intoxicated student athlete. Maybe he feared losing his place on the team over losing his friend. I don't see the murder charge, even second, staying. Maybe manslaughter, at the very least malicious wounding. Definitely not battery. You don't follow someone that far without Ill intentions. Still, no one expects a death from a fist fight.

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Sep-13-13 5:16 AM

Trying to understand why the word "boy" is being used. At what age now in this country is someone considered a man?

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Sep-13-13 6:38 AM

Our dads taught us never to start a fight, just finish them.

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Sep-13-13 7:04 AM

Closed fist hitting someone in the head can result in a lifetime of problems. Kicking someone in the head with hard-toed boots, death in this case!

The human head is not designed to take many blows.

Over what? Someone call you a pu ssy?

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Sep-13-13 7:44 AM

Pretty much agree with everybody on this one. In general, most fight cases get dismissed because if somebody tells you "I'm gonna kick your a%%" and you respond " Try me" it is just considered mutual combat and both parties accept the consequences and are equally guilty.

But it gets complicated when like here MAYBE the victim was down and then kicked and beaten to death. Then I can see a manslaughter conviction.

It will really depend upon how convincing the testimony of the fellow student is. Now the fact that he did not want to give a police statement is problematic.

Remote possibility these guys WALK because of that. But since they are the hated " gas driller class" likely they will get crucified by a local jury.

High Profile cases like OJ Simpson and Zimmerman/Martin etc. don't always go down the way emotion thinks.

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Sep-13-13 8:09 AM

They started it defense doesn't work when you follow someone the length of three football fields. The students were walking away from the altercation and were half way to their campus.

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Sep-13-13 8:31 AM

This may end up as a manslaughter case when its over. Right now its still in the political/media arena. The most significant fact known is that the assailants followed the students for quite a distance meaning that the students were leaving and the thugs were not going to let them. That could make it murder 2. But the conduct of the other student is odd and not helping the state's case. That the deceased student was picked up and then dropped clouds the fact of what were the extent of injuries from the thugs. Regardless, it appears that the assailmants need to go to prison as they initiated the fight that led to death. And the community does not accept the idea of pipeliners brawling in the streets. Maybe the energy companies fleecing WV should do backgrounds and when a worker gets arrested for anything, fire them and ship them out. Otherwise they are actiing like an occupying army, dangerous to us all and contemputous of the community and residents.

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Sep-13-13 8:44 AM

Good thing those guys didn't have one of those evil guns, someone could have been seriously injured or killed.

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Sep-13-13 9:12 AM

The PA is retrying the Zimmerman case with the "following" accusation and the 938 feet mumbo jumbo. The cause of death may well have been when the victim was dropped by his friend as a witnessed testified. Even manslaughter will be hard to prove.

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Sep-13-13 9:23 AM

The fight started when one group began following the other with the intention of further confrontation. They are responsible, end of story.

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Sep-13-13 9:25 AM

Where's TOOLPLAYER on this one? Were these his O&G workers? Stalking someone for 900-feet, ganging up 3 on 2, and finally kicking a man who is down in the head with a square-toed Cowboy Boot, pretty much tells the sad, vicious and incriminating tale. Crime follows this industry like a shadow.

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Sep-13-13 9:28 AM


The student was hunted down, punched, then kicked in the head while lying on the ground......AND DIED.

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Sep-13-13 9:41 AM

PUT A BAN ON SQUARE TOED BOOTS!!! no really, it takes two to fight and a bigger man to walk away from one. Anytime you get Alcohol involved you run the risk of someone getting injured, in this case died. Putting to boots to the head of someone down is malicious assault. They followed this boys with intent to provoke the fight. These two could have remained where they were and no one was harmed. Now they are dealing with the cold hard facts or thier choices. Something they'll live with the rest of their lives.

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Sep-13-13 10:04 AM

I guess no stretch is too far for Marcellus. You really went out of your way on that one.

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Sep-13-13 10:31 AM

you try to walk away from a fight so that you can always tell the judge that you tried to get out of it.sometimes there is no way i said before,most of the violent criminals aren't from around here.we just end up with the scum.they all seem to think that they can get away with murder here for some don't need a weapon to kill somebody.this wouldn't be the first person to ever die at the hands of someone without a weapon.our local ****** addict tried to run me over with his car.his dad is an ex-cop so i wonder who told him that you can kill someone with your car and walk.trash follows many bar fights are there every day in this country?this may have been an accident but it still happened.if these guys walk then we'll know that the favoritism of the gas companies still plays on for the talks around here.the polluting goes on daily with this bunch and yet no one does jail time so we know how this's a bad situation for all.

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Sep-13-13 10:52 AM

If all of the posters here got together in one place, a lynch mob would exist. It is totally unfair to indict the G&O workers for the ills of Wheeling. This incident is not unlike any number of similar incidents that occurred at the same time all over the world, it’s just that this one happened in Wheeling, and naturally the locals are defending their perceived Utopia. We are sorry for the decedent, we are sorry for the remaining participants as these young men will be in many ways affected for the rest of their lives. Allow the judicial system to work, hopefully as it was intended, and give the Judge and Jurors, if a jury trial, the wisdom to weigh the evidence and issue a just verdict.

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Sep-13-13 11:00 AM


"We didn't start the fight" I assume then that you feel justified in killing him?

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Sep-13-13 1:03 PM

Clearly, no one made good decisions that night. However, the fact these thugs followed these boys for a good distance supports they were looking to instigate a confrontation. Whether this amounts to muder remains to be seen but at a minimum this is manslaughter and these thugs need to do hard time. Jarret Chandler's facebook profile (before it was taken down) on Jan 1, 2013 posted a photo of a bruised hand and the comments on that photo alluded he was in a fight the night before. While it is not evidence it certainly speaks to his willingness to get into a fight. Peacock is a documented liar. These thugs won't walk from these charges.

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Sep-13-13 1:44 PM

hef seems to defend pedo, rapist and murders. tells ya what kind of person he is.

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Sep-13-13 2:37 PM

Hef does have a point. If, let's say, the fight was at the gas camp among gas workers, would the outcome be the same? A change of venue may be in order on this case.

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Sep-13-13 3:20 PM

Manslaughter would end up being way too light of a sentence. That would get them about a year in jail probably that's it. I hope for riots if they get off that easy. These guys are clearly white trash thugs send them away for a long time!! They followed them about a 1/4 of a mile that clearly shows intent.

Also shame on all the bars around here that let these guys drink until they're obliterated and start causing problems. All the restaurants around The Highlands are guilty of this too just because they want them to come in and spend money.

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Sep-13-13 4:08 PM

If we had Florida's STAND YOUR GROUND LAW nobody could be charged with anything.

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