Criminal charges will not be filed against Lennart Schauman, 30, who allegedly punched Adam Martinez, 31, in Club Ice in Redding April 25, on the grounds that Schauman acted in defense of his girlfriend Kathy Willoughby, Shasta County District Attorney Gerald Benito said Tuesday, July 14.
Martinez died died of his wounds several weeks later on May 14.
A video captured by the club's security camera was shown publicly.
Before Schauman struck Martinez, "the video appears to show Martinez leaning closer to Willoughby while taking her arms and raising them over their heads. . . . Martinez takes his hands down and puts them on his hip or in his pockets," according to Benito.
At which point the video showed Schauman as he "grabs Martinez by the shoulder and turns Martinez toward Schauman while Schauman throws a punch striking Martinez in the mouth. . . ." according to Benito.
Martinez fell, hit his head on the concrete floor and did not move. Afterward, Schauman and Willoughby attempted to leave the nightclub.
Martinez, Schauman, and Willoughby registered blood-alcohol ratios in excess of the legal driving limit of .08.
"It is apparent that Schauman did not intend to kill Martinez, but simply to punch him," according to Benito's statement, ". . . It is clear that the punch by Schauman clearly led to the death of Martinez and is an involuntary manslaughter unless Schauman has a legal defense to the battery."
Benito said, however, that the law allows Schauman to act in defense of another, in this case his girlfriend. Benito added that one punch would not unanimously be considered excessive force by a jury in criminal court. Benito utilized the opinion of Shasta County Grand Jury, and he said they split on the decision whether the action involved excessive force.
Benito said he would not pursue a prosecution which would produce a hung jury "at best."
"We understand the way the laws are written and we've reviewed the video," said Martinez's father, Joe Martinez, owner of Vittles restaurant in Anderson, "but did not come to the same conclusion. If anyone was in the club that night or heard something Schauman said before or after that night, call the D.A."
Joe Martinez said he will pursue the case in civil court.













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