TUF 10's Zak Jensen Named in Wrongful Death Suit
by Kid Nate on Oct 30, 2009 9:48 PM EDT
in News
48 comments
The Stillwater Gazette (MN) has the story:
Relatives of a Stillwater Area High School graduate who died in Mexico under unclear circumstances say they are just looking for justice and details about his death by filing a lawsuit against those who saw him last.
Elizabeth Gunderson Koll filed the suit Thursday in Washington on behalf of her son, Josh Gunderson. The suit accuses Zachery Jensen, Jason Jones and Sterling Systems, which is owned by Jones, of negligence in Josh Gunderson's death....
Gunderson died during a March trip to Puerto Vallarta, Mexico, with Jensen and Ashley Jones. Jensen, who is now appearing on SpikeTV's 'The Ultimate Fighter," was working for the Jones family as a bodyguard.
KTSP-TV has more:
An autopsy ordered by the family shows Gunderson had wounds to his face, and that he ultimately choked on his own vomit. The medical examiner says that could have happened because of a struggle.
The concierge at the Sheraton Hotel told authorities Jensen said "I just defended myself. He was attacking me." They claim he also said "he shouldn't be with her. He was liking her and she didn't."
"We want deposition testimony from individuals in the room when Josh died," said attorney John Magnuson.
The concierge said he ordered Ashley Jones to stay, but she left the hotel before authorities arrived and headed home. Her family had no comment Thursday night.
Zach Jensen had no comment either. But his parents did share their thoughts.
"Alcohol was the responsible party here, way too much alcohol. That should be the focus," said Karen Jensen.
HT MMA.Fanhouse
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Wow
At least Linderman waited until after the show to crack
by MauiPimpin on Oct 30, 2009 9:52 PM EDT reply actions 0 recs
March 24, before the show.
Here some more
Jensen told Perez he was awakened by Jones screaming “Get off of me!” Jensen said he saw Gunderson attacking Jones and that when he intervened, Gunderson attacked him.
He told Perez: “That’s why I came down here, to protect her.”
Jensen, 27, a mixed-martial arts fighter who has appeared on Spike TV’s “The Ultimate Fighter,” was Jones’ father’s chauffeur and was in Mexico working as Jones’ bodyguard, according to the attorney for the Gunderson family.
Jensen had bloodstains on his T-shirt, hands, arms and right leg when Perez came into the hotel room, according to her statement.
“I just defended myself, he was attacking me and it just happened, I tried to give him breath from my mouth and tried to give him CPR but he didn’t respond at all. I can’t believe! This should not happen,” Perez said Jensen told
by nottheface on Oct 30, 2009 9:53 PM EDT reply actions 0 recs
That’s why he acted so weird and quiet on the show. Facing a murder charge can be a bitch. So I’ve heard.
"Beer is proof that God loves us and wants us to be happy" - Ben Franklin
by donkeypunch on Oct 30, 2009 10:02 PM EDT reply actions 0 recs
Yeah it could also explain why a fighter with one of the best records on the show was clearly in the back of the pack. The guys were probably helping him by picking on him by distracting his mind from all this
by HighNoon on Oct 30, 2009 10:06 PM EDT up reply actions 0 recs
Wrongful death suit
lawsuit not murder charge
by soadtrails on Oct 31, 2009 1:54 AM EDT up reply actions 0 recs
Not to sound callous but this happened outside of their native country, will it be an extradition process, how does this work?
by DirtyML on Oct 30, 2009 10:03 PM EDT reply actions 0 recs
ARTICLE 9
Extradition of Nationals
1.- Neither Contracting Party shall be bound to deliver up its own nationals, but the
executive authority of the requested Party shall, if not prevented by the laws of that
Party, have the power to deliver them up if, in its discretion, it be deemed proper to do
so.
2.- If extradition is not granted pursuant to paragraph 1 of this Article, the requested
Party shall submit the case to its competent authorities for the purpose of prosecution,
provided that Party has jurisdiction over the offense.
http://www.temple.edu/lawschool/drwiltext/docs/US-Mex%20extradition%20treaty%5B1%5D.pdf
by nottheface on Oct 30, 2009 10:08 PM EDT up reply actions 0 recs
The short answer is no.
Do you remember the show Dog The Bounty Hunter? He went to jail for “kidnapping” an American fugitive in Mexico.
Don't argue for the sake of arguing....
by Screwface on Oct 30, 2009 10:14 PM EDT via mobile up reply actions 0 recs
The Mexican authorities ruled it an accident
This is purely a civil case, not a criminal one.
Follow me on Twitter @KidNate
by Kid Nate on Oct 30, 2009 10:30 PM EDT up reply actions 0 recs
but can you prosecute someone when a crime was committed outside the country? or is that only true to criminal charges and not civil as you stated?
Machida is a god
I now drink my urine daily
by orcus on Oct 31, 2009 6:23 AM EDT up reply actions 0 recs
this is NOT a prosecution
it is a civil lawsuit. If a judge agrees to hear the case you can sue someone for virtually anything.
Follow me on Twitter @KidNate
by Kid Nate on Oct 31, 2009 7:25 AM EDT up reply actions 0 recs
see OJ simpson criminal and civil trials.
by ryanwk628 on Oct 31, 2009 12:19 PM EDT up reply actions 0 recs
And the Lee Murray Left Field Story of the Week Award goes to...
50% more Ultimate than the leading competitor.
by Dodectagon on Oct 30, 2009 10:04 PM EDT reply actions 0 recs
I think defending a girl who was being raped should get him off
Does the guy’s family really want more details about how their son was sexually assaulting a girl?
by HighNoon on Oct 30, 2009 10:11 PM EDT reply actions 0 recs
i have no way of knowing what exactly happened, but it seems unlikely that the man would attempt to rape the women he is traveling with when her bodyguard (Jensen) is staying with them.
by nottheface on Oct 30, 2009 10:17 PM EDT up reply actions 0 recs
Jensen was apparently asleep when the entire incident started.
Don't argue for the sake of arguing....
by Screwface on Oct 30, 2009 10:20 PM EDT via mobile up reply actions 0 recs
the dead kid's blood alchohol level
was really high. We’re not talking about a master criminal here, we’re talking about a drunk.
Follow me on Twitter @KidNate
by Kid Nate on Oct 30, 2009 10:31 PM EDT up reply actions 0 recs
Brian Gunderson cautioned against believing the story and noted so far Jensen is the only one who has provided any account of what happened. He added that he heard through Ashley Jones’ lawyer that Jensen’s account of the scene wasn’t exactly what happened – although he said her lawyer phrased the explanation as a hypothetical because it wasn’t coming from his client.
.12 is over the legal limit for driving, but is not very drunk. At .12 expect loss of reaction time, staggering, and slurred speech, but I wouldn’t imagine someone trying to rape a girl while her monster bodyguard was sleeping in the next room. It doesn’t seem very logical.
Using Ockham’s razor a more likely scenario is: the kid got into some sort of argument with the girl; Jensen stepped in and got into a fight with him; struck him and inducing a concussion; the kid went into the bathroom and passed out, eventually choking on his vomit.
But, like I said, I have no way of knowing what exactly happened. I’ll wait to see what the girl’s deposition says tomorrow.
by nottheface on Oct 30, 2009 10:43 PM EDT up reply actions 0 recs
Or, Gunderson walked into Jensen banging her… its all speculation. Jensen and the girl are the only one’s who know, its interesting that they’re not quoting her though.
by bleve_ on Oct 31, 2009 1:24 AM EDT up reply actions 0 recs
Occam, not ockham
And I don’t think it’s made for solving crimes. Occam’s razor is a rule of thumb for when theories are unnecessarily complicated. Not for when people get drunk and try to have sex with others.
Its irresponsible to speculate. Nobody knows what happened except the people who where there, and unless evidence proves otherwise, the courts treat it that way.
In conclusion, brocklesnar.
by judonerd on Oct 31, 2009 1:28 AM EDT via mobile up reply actions 1 recs
The only thing worse than being corrected when you're wrong
Is being corrected when you are right.
First, It is either Occam or Ockham. It’s named after William of Ockham who popularized the principle.
Second, the modern definitions of Occam’s razor seek to minimize natural assumptions and this modern concept is commonly used by police detectives.
But you are 100% right that it irresponsible to speculate, and on this point I am in the wrong. My only defense is that I was responding to previous posters who were making the allegations that Jensen had saved a woman from rape, even though nothing of the sort has been proven yet., and that that scenario seemed unlikely to me (the saving her from rape part). But again, I do not have all the facts in the case, and shall not speculate anymore.
So help me Fedor.
by nottheface on Oct 31, 2009 3:35 AM EDT up reply actions 0 recs
My bad. I’ll give you the name, but since we are in a sort of intellectual pissing contest…
Occam’s razor may usually make scientific theories more straightforward, but it’s crippled by a a logical fallicy, something called an “appeal to ignorance”: Absence of evidence is not evidence of absence. Two theories about the same situation (e.g. a crime scene) may differ in complexity, but the simpler one is in no way more likely to be true. General Relativity was one big fat overly complicated assumption, and most of it was proven true in labs decades later.
“Occam’s razor” just sounds really cool and convinces nerds like me that we are swordfighting with our brains.
by judonerd on Oct 31, 2009 6:41 PM EDT up reply actions 0 recs
I’m not an very smart and I have a narrow urethra, so I’m not getting in any contests
And I can see where you can be confused about my use of Occam’s or Ockham’s razor. I brought it up merely to strip what I thought was a very unlikely rape attempt from the story. By removing that illogical portion from everyone’s interpretation of Jensen’s statement to come up with a simpler solution.
(If you notice Jensen said he was attacking her, not raping her. It seems incredibly illogical to me, that a man would travel to, vacation with, and stay with her 265lb bodyguard and then suddenly get so caught up in lust that he would try and rape her while he was in the suite with them, sleeping or not. And for record: I don’t know what happened, but neither does anyone else. )
by nottheface on Oct 31, 2009 9:48 PM EDT up reply actions 0 recs
Cecil Peoples scored the fight 115-2.6, for the drunk dead kid.
Don't argue for the sake of arguing....
by Screwface on Oct 30, 2009 10:11 PM EDT via mobile reply actions 3 recs
In his defense the kid was the more aggressive fighter
by HighNoon on Oct 30, 2009 10:13 PM EDT up reply actions 0 recs
In all seriousness, this situation is f*cked. I hope the family doesn’t win this case, it would just be further proof that “no good deed goes unpunished…”
Don't argue for the sake of arguing....
by Screwface on Oct 30, 2009 10:18 PM EDT via mobile up reply actions 0 recs
I don’t know, did the guy deserve to die? if the guy was drunk and Jensen (who was there as a professional body guard) had the ability to mobilize the guy, there was no need to let him die. Rape is a disgusting crime, and even if this was the case (we have to wait for what the court finds, right now it’s still "allegedly") , you still should not let someone die if you have the power to stop that from happening. If Jensen beat up the drunk, he should at least make sure he was ok since the "allegedly rape" would no longer take place.
Machida is a god
I now drink my urine daily
by orcus on Oct 31, 2009 9:21 AM EDT up reply actions 0 recs
Jensen had bloodstains on his T-shirt, hands, arms and right leg when Perez came into the hotel room, according to her statement.
“I just defended myself, he was attacking me and it just happened, I tried to give him breath from my mouth and tried to give him CPR but he didn’t respond at all. I can’t believe! This should not happen,” Perez said Jensen told her.
He didn’t let him die according to this statement, he tried to give CPR.
A man should never waste an opportunity to keep his mouth shut.
by iiowyn on Oct 31, 2009 4:17 PM EDT up reply actions 0 recs
which is what Jensen told her. I’m not saying it did not happen, but it’s not like we should always believe what the accused tells us. I don’t get it, the people suing him are the deceased parents, if my kid went to Mexico and died I’d want some answers too.
Machida is a god
I now drink my urine daily
by orcus on Oct 31, 2009 4:38 PM EDT up reply actions 0 recs
Totally off topic
Zak looks a lot like the guy from Parks and Recreation…
I'm the kind of girl who loves to watch a GOOD fight!
--------
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by funnytiger on Oct 30, 2009 11:09 PM EDT via mobile reply actions 0 recs
Heard this story this morning. I’m sure nothing is going to come of it. My brother runs into him in downtown Minneapolis all the time. I think he’s just generally a soft-spoken individual, and wasn’t behaving as such because he had this weighing on his mind (as was previously suggested).
"I’m sorry. I didn’t drink last night, so I’m not funny today."
-Sakuraba
by Blackout612 on Oct 30, 2009 11:10 PM EDT reply actions 0 recs
If my kid died in a Mexican hotel after a weird incident in Mexico, and the only evidence that my kid started it came from the dude who killed him, I might file a lawsuit myself. It’s pretty much the only option they have to get some light on the matter.
"an excellent example of why most MMA "journalism" is a joke. Pseudonyms like "toxic" and shitty writing like that dopey article"--- Joe Rogan.
by toxic on Oct 30, 2009 11:26 PM EDT reply actions 0 recs
The dude that killed him?
Did you read the story? He choked on his vomit.
"I’m sorry. I didn’t drink last night, so I’m not funny today."
-Sakuraba
by Blackout612 on Oct 30, 2009 11:39 PM EDT up reply actions 0 recs
Gunderson had wounds to his face, and that he ultimately choked on his own vomit. The medical examiner says that could have happened because of a struggle.
I think he means that Jensen may have been in some way apart of the death (negligence from the family’s point of view), couldn’t hurt getting answers from the guy who last seen your son alive, even if it turns out to be pointless.
Lou: [Lou hits Tyler in the face] Do you hear me now?
Tyler Durden: No, I didn't quite catch that, Lou.
[Lou hits Tyler again]
Tyler Durden: Still not getting it.
[Lou hits Tyler a few more times]
Tyler Durden: Ok, I got it. Shit, I lost it.
[Lou continues to beat up Tyler]
** In loving memory to Bitch Tits **
by Pennywise on Oct 31, 2009 7:38 AM EDT up reply actions 0 recs
Wasn't taking task with that
I was taking task with his suggestion that Jensen killed this guy.
"I’m sorry. I didn’t drink last night, so I’m not funny today."
-Sakuraba
by Blackout612 on Oct 31, 2009 3:50 PM EDT up reply actions 0 recs
You can definitely be found to have killed, even murdered, someone who died as a result of choking on his own vomit. For instance, if you hit someone in the head with a metal pipe and they die, not directly from the head wound, but because the head wound caused trauma that caused them to aspirate vomit, you definitely killed that person.
Here’s another scenario. If he used force to stop the dead guy from forcing himself on the girl, resulting in a concussion, it’s possible a court could find that, as a body guard traveling with the pair, he had a duty to make sure the dead guy was okay. In that scenario he isn’t negligent for beating the guy up, he’s negligent for not making sure he was okay after the incident. I’m not saying this is an exact statement of the law or that this is how it would play out. I’m just talking about how someone can kill someone (for criminal or tort purposes) who died as a direct result of choking on their vomit.
by cmsove on Oct 31, 2009 8:38 AM EDT up reply actions 0 recs
HELLO THERE
It was ruled an accident. There were no criminal charges. You guys need to learn to read… It’s possible that someone can get punched in the face, get shit-canned and choke on their puke because they were shit-canned. Thus—- it was ruled an accident. I don’t know where all of you are deriving this imaginary argument that I’m suggesting there’s no way that vomit can be induced.
He got hit. He choked on his puke. It was ruled an accident. There were no criminal charges.
"I’m sorry. I didn’t drink last night, so I’m not funny today."
-Sakuraba
by Blackout612 on Oct 31, 2009 3:56 PM EDT up reply actions 0 recs
Yep, I think it is called Manslaughter, but what do I know :P
Machida is a god
I now drink my urine daily
by orcus on Oct 31, 2009 9:12 AM EDT up reply actions 0 recs
Nothing, clearly
There were no criminal charges. I’d hate to think that I could punch someone at a bar and they get totally trashed, choke on their puke later that night and I’d get charged with a violent crime.
"I’m sorry. I didn’t drink last night, so I’m not funny today."
-Sakuraba
by Blackout612 on Oct 31, 2009 3:49 PM EDT up reply actions 0 recs
Actually, if you punch someone and they black out and choke on their vomit, you will probably be in trouble (not later that night). How do you know he died later? Yes, Mexicans authorities ruled this an accident, but ryanwk628 was kind enough to remind us that OJ didn’t go to jail but was found responsible for the deaths of his wife and lover in a civil court (and this seems to be a civil lawsuit as well). I may know nothing, but damn dog you don’t know shit :P (take it easy now, I’m not really trying to insult you haha).
Machida is a god
I now drink my urine daily
by orcus on Oct 31, 2009 4:17 PM EDT up reply actions 0 recs
The requirements for proof in wrongful deaths in criminal courts is a lot higher than in civil courts. For criminal charges, proof beyond a reasonable doubt is required, while in civil courts only a preponderance of evidence (more than likely) is required.
Having said that, if someone dies from choking on their own vomit while unconscious, and that state of unconsciousness was caused intentionally by a party – then they can be held criminally negligent and be charged with involuntary manslaughter. Obviously, the police in Mexico did not believe there was enough evidence to warrant such a charge.
by neyvit on Oct 31, 2009 5:49 PM EDT up reply actions 0 recs
Off topic, but Rashad reminds me of Cuba Gooding Jr.
by goodbones on Oct 30, 2009 11:43 PM EDT reply actions 0 recs
Cuba Gooding Jr has better boxing
by MauiPimpin on Oct 31, 2009 12:04 AM EDT via mobile up reply actions 0 recs
As has been mentioned, this is a civil suit and will have no effect whatsoever on his fighting career – other than it might get him closer to cracking.
Who had October 30 in the pool?
by neyvit on Oct 31, 2009 3:03 AM EDT reply actions 1 recs
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