Parents of a 5-year-old girl killed in a Hogadon Ski Area accident in 2010 filed a lawsuit on Friday against the ski patrol and city of Casper for wrongful death, negligence and personal injuries.

The civil lawsuit filed in Natrona County District Court says the Casper Mountain Ski Patrol and city failed to protect the girl from an intoxicated person snowboarding “recklessly” at “excessive speeds.”

The Johnson family seeks payment for medical expenses and other damages, with amounts to be determined at trial, according to the complaint.

The accident happened Christmas eve of 2010, when 23-year-old Craig Shirley was snowboarding on the Dreadnaught run and collided with Kelli Johnson and her daughter, Elise. Both Elise Johnson and Shirley were killed. Kelli Johnson sustained serious injuries.

Witness statements cited in the complaint mention the Dreadnaught run was slick by the afternoon of Dec. 24, when mother and daughter were skiing. The black-diamond Dreadnaught run requires high skill levels and had just opened for the season at the city-owned ski area.

Kelli and Elise Johnson made it partway down Dreadnaught when Elise’s skis came off. The two were the only skiers on the run at the time, and they came to a stop about the same time Shirley began the run.

He was estimated to have traveled at speeds of 40 to 50 mph and appeared intoxicated earlier in the day. A toxicology report later showed Shirley had a small amount of cannabinoids in his system, but an investigation found he committed no crime at the time of the accident.

Shirley had been cited for snowboarding recklessly, sometimes at high speeds, in the past and was known for his dangerous behavior, according to the complaint. Despite this, Hogadon Ski Area employees allowed Shirley on the slopes. Nearby ski patrol members watching Shirley’s speedy descent did not instruct him to stop or warn the Johnsons.

For these reasons, the lawsuit claims the ski patrol and city bear responsibility for Elise Johnson’s death.

Reed Bar, the city’s risk manager, said he received a copy of the lawsuit but could not comment at such an early stage. The Risk Management Office works with its insurance company and attorneys to handle claims against the city.

The Spence Law Firm attorneys representing the Johnson family did not respond to multiple phone messages for comment on Monday.

Reach city reporter Kelly Byer at 307-266-0639 or kelly.byer@trib.com. Follow her on Twitter @KellyByer.

(33) comments

N3crix
N3crix

As someone who lost a parent in a horrible accident, and then didn't bring a lawsuit against those who could have been held responsible, I think this is just sad all around. I only see the mother as being responsible for the poor little girls passing, I don't see where Hogadon is liable here. I'm no lawyer, but there has to an inherited risk to skiing, when you buy your ticket you have inherited that risk. Just as people who go to baseball games, or skydiving, or hockey games, keep your eye on the ball or a foul may smash your face, is it different here?

Couple that with the mother of the child taking the child down a run far to advanced for the little girl and you have a mixture for disaster. Sure the 26 year old was intoxicated and traveling really really fast, but as the article stated he was charged with no crime, just being a reckless youth who was in the wrong place at the wrong time.

This is indeed a horrible accident, and just like me, losing a close family member suddenly fills you full of emotion you just reach out for anything, but suing for Hogadon, which is run with your tax dollars is not the right way to go about this.

Money wont make the pain go away, it just wont, at least not for me.

Noisy
Noisy

As someone who worked at Hogadon for years and also skis and snowboards, you are correct N3crix. There is definitely a risk associated with any and all sports. The ski code is also posted for those who utilize the ski area and everyone is supposed to follow the code. My question is, why was a child of 5 taken down Drednaught, a black diamond, advanced run? This is the run that the ski teams use during competition. There should have been NO reason that the child was on that run. Also, if your skis fall off or you stop halfway down, you should pull off to the side and out of the way. It does not matter if you are the only two on the run or not, you never know who and how fast someone will come over the ridge. As far as speed, really? You are heading down a mountain, do you not think that you will gain speeds of up to 50 mph? It is not the ski patrol's responsibility to tell every skier on the mountain to watch out for every other skier. That is the responsibility of the skier and the parent of the child.

I'm sorry that the family lost their child in a horrific accident. However, these parents should take responsibility for their actions as well. It isn't the ski area's fault, it is the parents fault for taking the child down a run that was far advanced for her. It is the parents fault for not being aware and following the ski code.

notawyonative
notawyonative

How do you know the run was to advanced for this girl? Yes she was a young age. But that doesn't mean she didn't have to skill needed for this "black diamond" run. Drednaught is not black diamond, except in Casper, WY. Everwhere else it's a bunny run.

Strider
Strider

Hogadon is owned and operated by the City of Casper and should be as safe for the general public as the Rec Center or the Aquatics Center. It should be as family friendly as a City park. But is has not been operated safely and a culture and climate of safety and civility has not been maintained. It continues this year under the new management. On opening day a group of loud and profane teen boys sat down next to my daughter and my 6 year old grandson and launched the F bomb at least 50 times. They accessed a Hitler neo-Nazi website on their phone and read aloud and laughed about a lot of disgusting anti-Jew and Holocaust jokes from the site. Can't the City do a better job with Hogadon?

brianvmax
brianvmax

Thats why it is up to people to stand up and correct their behavior, this isnt a problem with hogadon, this is a city wide problem in general with a bunch of spoiled brats who have no self disipline at all.

Sassy
Sassy

This lawsuit will undoubtedly test the State of Wyoming Recreational Use Statue ( WS 34-19-105)

Sadly the young child was probably in a location that was above her skill level- AND someone was apparently careless and reckless in their behavior causing the accident.

Strider
Strider

Additionally, it was probably poor judgment to even open Hogadon this week . Only the bunny slope and Park runs were open. There was a 30 minute wait for the puma lift at the bunny slope. The two open runs were extremely icy.

And another little detail...the credit card machine wasn't working in the lodge food service area, so a lot of food was simply given away. Good grief, after at least a month delay in opening, they couldn't even be ready for business?

WhatTha
WhatTha

If they found a 'little bit' of cannabinoids in his system, then he wasn't stoned or hadn't even used that day. There is a level of blood saturation as well as existing thc in the system. All that proves is that he smoked marijuana sometime within the few weeks of this happening.

Not to mention, the kid paid with his life. It's an accident, it happens. This is what life is all about.

I also agree as to the fact of, why the hell would a mother take their 5 yearold down an advanced ski run? That is NO PLACE for a child. So why wasn't the mother cited for being reckless? She put that child at risk and look what happened?

And Strider....It's called freedom of speech. If you don't want you children to hear this, take them away from the area. Better yet tho, EDUCATE YOUR CHILDREN. So they can have an opinion on the things they are speaking about. If you did it right, then your child/grandchild will understand that those youth are just ignorant people whom know little of the speak of. It's not up to the facility to tell someone they cannot swear, or talk about things they wish to speak of, NOR can the facility tell you that you cannot bring up things on your phone. Now you are the one whom looks ignorant.

Strider...if you think you can do a better job of running the facility, step up. Put your bid in. It's your right to do so. From last I knew, its renewed every three years. If you have an issue with the way the facility is ran, then don't go......

Shocking I know....

Radio
Radio

In typical tool response, you are wrong. Freedom of speech has NOTHING to do with what you say in public. Maybe instead of cursing, you should study your own constitution. Because YOU are the one looking ignorant.

In all actuality, you CAN be arrested and cited for what you say in public. Happens all the time. Breech of peace if I'm not mistaken. And that has been upheld by the supreme courts.

Along those lines, the staff can most certainly tell you how to talk around others. Can you walk into the courthouse and curse? Can you walk into the mall and scream obscenity? No, the company can ask you to be quite or get 86ed. Same thing for Hogadon.

Personally, when little turds curse in front of me or my child, I make them eat those words. Mommy and daddy would be real upset if their tween babysitter (Hogadon) pulled their season pass because of their language. I wish the patrol would do more of that. Yank some passes and get strict.

And what is this "renewed every 3 years" crap? It has been owned by the city and run by the city for decades. Maybe the restaurant part comes up every 3 years, but that is just one small facet of the facility.

Grow up and study what you are spouting off about before doing so. It just makes you look like an idiot.

Noisy
Noisy

I worked there for several years and NEVER heard of this every three years thing. The only employees that were full time was the facility manager and the restaurant manager. The rest of the staff, whether they were full time or part time, were only seasonal. We had to apply for our jobs every year. If there were problems the management of Hogadon had no problems dealing with them. I know that I, on several occasions, caught patrons who were under the age of 18 using foul language and got a stern 'Come to Jesus' meeting. If I heard them again, I would go up the ladder regarding it.


As parents, it is YOUR responsibility to teach your children right from wrong. It is YOUR responsibility to teach them to act appropriately in public. I was NOT their baby sitter. It was NOT in my job description nor was I paid to babysit your children. I have a masters degree and neither my bachelors or my masters is in education--so I am not a glorified babysitter (as some people believe teachers are). Instead of blaming Hogadon for this child's death, the parents need to look inward at themselves. Yes, Hogadon has problems, as does ANY business. But, if the staff is not aware of the problems, they cannot fix them. There must be consequences of actions and maybe the new management will crack down on that. It is too early to tell since I know that the season just started.


And Strider. It isn't ALWAYS the businesses fault if the credit card machine doesn't work. Have you ever considered that the bank might have an issue? Especially around the holidays, they get over run. I know several stores just before and just after Christmas had issues and I'm on the other side of the country.

Casper-Why, b/c Hogadon can control the weather? They groom the slopes, if the temperature drops on the mountain over night, the runs will be icy. Please educate yourself a little on weather, snow, and ice. Hogadon controls the weather as much as I control you driving your brain.

Panhead
Panhead

Strider Yes the city should make public funded recreational facilities safe, but fir cryin in the night this is a ski run, the little girl should not have been there. It was a black diamond run and I know the runs are clearly marked. And WhatTha Really WhatTha, parents are not teaching their kids squat, no respect for others much less for themselves. By your comments I gather that your children cuss there butts off to get their point across, and scower the net looking for Nazi propoganda. Some of the most rude juvinials I have run into have been at Hogadon. And the problem is most of their parents are to good of parents to be parents. It's all about you and nothing about raising your kids.

Casper_Why
Casper_Why

I don’t think it is right to pass judgment on Johnson family for filing this lawsuit. The incident happened over two years ago and they obviously have had some major medical bills because of it. It is not like the family immediately tried to profit from the tragedy. If Hogadon is going to stay open and remain a family skiing recreational area it needs to be cleaned up and needs to be run in a more professional manner. All to often the slopes are more like an ice rink instead of a ski slope. The staff up there is at times immature at best. The city now has a plan to redo Hogadon maybe it would be more proper before they do such a plan to take the time and study the problems at Hogadon and how to solve those problems. We don’t want this sort of accident to happen again.

WhatTha
WhatTha

How long have you lived in casper? If you haven't noticed, there isn't any snow to be had. What happens when snow gets warm? Oh, it melts you say? And then when it freezes again? Oh? It turns to ice? Shoot...I guess thats why its like a 'ice rink'.

There isn't now, and what they have most of the time, they make. Its the climat, not the people running the place that makes it this way. You cannot change how mother nature takes care of it self.

And your right, they probably did have significant medical bills. At the same time, they are done morning, and now are turning towards anger and rage. You cannot change the fact that a mother, took her five yearold child, on a ADVANCED run. She is the one whom acted reckless. She had no concern for the safety of her child. If she did, she wouldn't have taken her child down that run. She would have stayed on the bunny slopes.

WyomingSon
WyomingSon

Done mourning? Wow. Seriously?!? This family lost their little girl, the wife/mother is forever damaged and will always have "pre-existing conditions" as a result, and you think they're done mourning - turning to anger and rage? And not to mention the Shirley family and their terrible loss... Hey WhatTha -get a clue! You have no idea what you're talking about!! BTW, the world would be so much better off if folks like you would actually think before you type.

notawyonative
notawyonative

Advanced run??? Really??? It may be designated as black diamond. But it is far from that. Get a clue. Obviously you are only writing what you hear from your buddies. Anyone who has lost a love one can tell you, you never stop mourning. Remember you are writing about real people.

mcfromkc
mcfromkc

@whattha, you cannot be serious, you are blaming this on the VICTIM?
From the skier's responsibility code:
People ahead of you have the right of way. It is your responsibility to avoid them.
While it is also the responsibility of skiers to remain visible the fact that the snowboarder was going 50mph or more means that he was almost certainly out of control. The snowboarder also had a history of reckless behavior at the area yet you still place the lion's share of the blame on the childs mother? Since you know nothing about the circumstances other than what you have read in these articles you have no idea why the mother chose to take that run.
If they family had significant medical bills then they are well within their rights to sue, whether they are "morning" or not.
Get a clue dude, with writing like that you seem to have more than a little bit of cannibinoids in your system

doghiker
doghiker

While these deaths were a (preventable) tragedy, I was not surprised it happened. Many times while skiing at Hogadon I have felt endangered personally by wreckless skiers/boarders. I have rarely observed ski patrollers actually out on the slopes at Hogadon, even during the busiest weekends. Ski patrolling/enforcement is woefully inadequate as compared to commercially operated, for-profit ski areas. However, the lift tickets at commercially operated ski areas are substantially more expensive than affordable Hogadon, which I presume in part pays for a much more more effective enforcement-capable ski/safety patrol needed if a commercially-operated ski area hopes to retain their liability insurance.

Why not train some Casper city police or county sheriff deputies as ski patrollers and make that their duty location? They are already on the payroll and have professional law enforcement and safety training, clearly lacking in our current volunteer civilian ski patrol. Wouldn't this be a real contribution to public safety and a better use of their time and our taxes than driving around all day issuing parking tickets?

notawyonative
notawyonative

It's about time. The Johnson family deserves to have to city pay thier medical bills. And any other costs that have gone along with the poor supervision of this "ski resort". Don't run a ski resort if you can't run it right. The "black diamond run" is a joke. My 9 year old child was riding down that run within a week of learning how to snowboard. Everytime my family has been at Hogadon I have been disappointed in this poorly run "ski resort". Again, DON'T RUN A SKI RESORT IF YOU CAN'T RUN IT RIGHT. Shame on City of Casper for skimping on the saftey of it's citizens.

whateverdm
whateverdm

I'm sorry for the Johnson family. What a terrible tragedy. For those who obviously haven't been to Hogadon, the "black diamond" run where the girl was killed is more like an intermediate run anywhere else. My own children have been on that run since they were very young.

I'm glad someone mentioned the rules - the person below you has the right of way. Sadly my family saw this accident happen and the boarder either wasn't paying attention, or he didn't care that he was skiing so fast at that little girl and her mother. As many of you who ski or board at Hogadon know, it is a game for some snow boarders to get really close to skiers that they feel are in their way (I've never seen the ski patrol try to control this behavior - in their defense, there are not many of them out there, so they may not see it happening). I have no idea if that's what Craig Shirley was doing, but he clearly didn't try to avoid them.

After this accident 2 years ago, the city had a couple of meetings because the public demanded it. Their attitude about Hogadon was pathetic - they were defensive, claimed that everything was fine, and claimed that there was nothing they could do to make it better. Have they made any changes? I have no idea since we hardly go up there anymore. Hogadon is a great little ski area, and Casper is so lucky to have it. I just wish it was run better.

I'm not a huge advocate for lawsuits, but maybe this one will make the city change how they run Hogadon. In my opinion, they allow reckless behavior and don't have enough ski patrol to make sure that the area is as safe as it can be. Since that accident my children are only up there on days when I know Hogadon will be empty. They've both been knocked down from snowboarders in the past, and we are just lucky they weren't seriously injured.

Common Sense
Common Sense

I guess I can understand, if not agree, with the Johnson family filing a lawsuit against the city. What I don't get is why they're suing the ski patrol. If not for their efforts that day there would have been three deaths, not two. For those on this thread that want to bash the ski patrol, you have NO idea what these people have to contend with. Most of the problems occur with kids (usually boys) 13-17 who are dropped off by lazy parents to spend the day there without supervision. Some (not all) then run rampant, and get their passes revoked. The parents are outraged and call the city to complain. The ski patrol is made up of medically trained volunteers, not cops. They do not have the power to arrest the little darlings. The ski patrol does the best they can with what they've got. While this incident is tragic, the blame does not lie with the ski patrol.

newtown
newtown

"As someone who worked at Hogadon for years and also skis and snowboards, you are correct N3crix. There is definitely a risk associated with any and all sports. The ski code is also posted for those who utilize the ski area and everyone is supposed to follow the code. My question is, why was a child of 5 taken down Drednaught, a black diamond, advanced run? This is the run that the ski teams use during competition. There should have been NO reason that the child was on that run. Also, if your skis fall off or you stop halfway down, you should pull off to the side and out of the way. It does not matter if you are the only two on the run or not, you never know who and how fast someone will come over the ridge. As far as speed, really? You are heading down a mountain, do you not think that you will gain speeds of up to 50 mph? It is not the ski patrol's responsibility to tell every skier on the mountain to watch out for every other skier. That is the responsibility of the skier and the parent of the child.I'm sorry that the family lost their child in a horrific accident. However, these parents should take responsibility for their actions as well. It isn't the ski area's fault, it is the parents fault for taking the child down a run that was far advanced for her. It is the parents fault for not being aware and following the ski code"As someone who has been a pass holder at Hogadon for years and works/lives/grew up in the outdoor industry I have repeatedly been appalled at the pathetic excuse of Hogadon management as well as their negligent operating practices. I am surprised the suit wasn't filed earlier. Follow the code? How about take some personal responsibility? My young kids can, will and do ski Dreadnaught. If you think the Dreadnaught is some sort of extreme run you are delusional and completely beside the point anyway. Hogadon with their 3' stumps, lifties not attending the lift while smoking, way too much use of snowmobiles and way too fast, Gary spraying everybody with snow and ice from the snow blower in the middle of the day as they are getting off the lift. Extremely unprofessional with no clue how to operate in the outdoor industry...sickening. A rider not yielding to the slider in front of them is against the code. Whoops! Guess he wasn't following the code and I guess Hogadon was too negligent to make sure he was. And there was a long history of this negligence under Gary's direction...and his bosses as well. The city is responsible as far as I'm concerned. My child was the same age as Elise and skiing often at Hogadon at the time. I can't tell you how many times I confronted patrons and employees for inappropriate behavior and having too many close calls with my child. Follick and Van Treese, you should be really proud of how you have conducted yourself with regard to this situation. You should have been fired immediately...well long before that but that is a different story. If there was any history of enforcement or culture of a family atmosphere or any type of real management at Hogadon this probably wouldn't have happened. 20 years of horrible management has created a free for all with very little sentimentality toward Hogadon as a result. The only way you can compete in the marketplace with a small area like Hogadon is to make it feel good and fun to those who have the money to support it. This is the where the city has failed. Outdoor businesses, especially service businesses, are all about the "warm fuzzies". Fulfilling procedural expectations while giving the guest a fun experience regardless of it being a guided summit of Everest or a ride on the sleigh in the elk refuge. Time to get a clue and take responsibility.

Edited by staff.

runner
runner

Did you know the ski level of this young girl? Have you seen her ski? How do you know she shouldn't of been on the run? When the girls ski fell off do you know if the Mom was picking the ski up to go to the side and fix it? This accident happened in an instant. So unless you were there and saw it and know the family you shouldn't be preaching and judging.

newtown
newtown

runner- doesn't matter...even if her mother was ill equipped to ski Dreadnaught. This happens all the time. People get into areas that they don't know and are beyond their capability.

I will make judgments based on years of watching asinine management practices. Do you see Hogadon management or Ski Patrol breaking up the groups of grommets as they sit in the middle of a run taking turns to hit a feature? Absolutely not and rightfully so. Are they asking to get killed because of this practice? How do you handle when someone yard sales and they try to collect their gear from a wide area on the slope...do you kill them?
Hogadon still encourages people to tuck dreadnaught to get enough speed to go up Glades to hit one of the rock jumps 35' up the slope. Going up yes, a place that would be blind and could cause a serious accident when a skier who is traveling down Glades is hit by a slider going UP glades...sounds just like the Hogadon mentality.
I don't make off the cuff judgments runner, but when people do the same stupid thing repeatedly...then I judge.

newtown
newtown

BTW no matter how many times you tell people to "know the code" or make them sign waivers of liability those are trumped by negligence. Failure to ensure your patrons safety by never enforcing situations that point directly to the "code" or other practices that obviously could put other patrons at risk is likely negligence. My scope isn't fixed with blinders to that one horrific moment...it is wide open to years of wondering when this will happen and fear of not being within 3 feet of my child for this reason.

runner
runner

You are so quick to blame the Mother. But you don't know her skill level or her daughters. How do you know she didn't grow up skiing Dreadnaught. You don't! neither do I! So stop blaming her. The blame is purely on Hogedon and it's crappy management. Since the city owns Hogedon than they are also to blame. It was a tragic accident that could have been avoided.

newtown
newtown

That post was jumbled and I wrote the lower half arguing against the quoted portion...sorry. My position is Hogadon is at fault due to years of negligence. Shirley's might be able to go after Hogadon as well but that would be pathetic. Kelli and Elise deserve #1 an apology and admission of Hogadon responsibility. #2 a run should be named for Elise(how about get rid of "nasty gash"...did you really name a run nasty gash? and "Chip" and "Dale"...nobody knows Chip and Dale as squirrels only male strippers.) with a lesson about Elise somewhere that it can positively change attitudes. #3 appropriate amount of money to pay bills, lost wages and pain and suffering. #4 another apology from Hogadon

newtown
newtown

Skier's Code:

1- Always stay in control and be able to stop or avoid other people or objects.
2-People ahead of you have the right of way. It is your responsibility to avoid them.
3-You must not stop where you obstruct a trail or are not visible from above.
4-Whenever starting downhill or merging into a trail, look uphill and yield to others.
5-Always use devices to help prevent runaway equipment.
6-Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
7-Prior to using any lift, you must have the knowledge and ability to load, ride and unload safely.

Know The Code. It's Your Responsibility

Noisy
Noisy

Newton---Read numbers 2, 3, 4. Everyone is so quick to blame Hogadon or this young man (who also lost his life), but the mother was also at fault too.

newtown
newtown

2- certainly doesn't apply to Elise
3-there were no "blind rollers" as the theory stated and traveling at a good clip allowed you to still see the entire run just before approaching that little hump.
4-see #1, good practice but doesn't leave excuses for people to kill you when starting to move again

Noisy
Noisy

I never said that these were an excuse to kill someone during a ski run. However, EVERYONE is at risk when you do any type of sporting event. And there are 3 other runs that empty into Drednaught, so they could have been in a blind area to the snowboard---not saying that they were, but there is the possibility that they were. EVERYONE needs to be aware of their surroundings of those behind them and those ahead of them when they are skiing/snowboarding. This is a tragedy that happened, and while we can point fingers in all directions, it does no good to do so. It won't bring back this little girl and it won't bring back the young man. Suing the city of Casper won't do that either. These are the risks you take. Maybe that's cold and heartless, but sometimes the truth hurts.

newtown
newtown

Noisy-if you worked there for several years you could be part of the problem. Did you work under Gary? This wasn't just and accident...it was an accident waiting to happen. A history of negligent operating practices will take priority over a terrible moment.


Wyoming has dedicated a portion of its constitution to describe that outdoor activities have inherent risks and injury or death may result. Skier code and the waiver of liability that comes piggybacked with the purchase of a pass all describe this. Reality is, proven negligence will eclipse all of those. I suspect a history and culture of negligence will be presented and accepted.

I have to weigh those same scenarios all the time. Do you know how to make sure that liability is limited in these cases? Operate in a way that focuses on patron safety and make sure there is no way to be held accountable.

Noisy
Noisy

Sorry to inform you that I was NOT part of the problem, and shame on you for making such an ignorant comment. There were several instances that I got onto patrons for their behavior. What really shocked me is that many of the patrons that were spoken to about their behavior, or even their language, were adults who were WELL over the age of 18. Many of them even had their children with them.

I also believe that it was stated somewhere, not sure if it was in an article or a comment, that the ski patrol has dwindled to about 30 members. Those people do not all work on the slopes at the same time. There was never 30 ski patrollers on duty on any given day. If the ski patrol doesn't see something happen or isn't told then how can they fix a problem. I know that there were several people when I was there that were arrested by the county, or had passes revoked.

I'm not saying that there are not problems with how things are run. Every business has problems. But unless you are helping to be part of the solution and offering ideas rather than criticism, then you are part of the problem. Are you ski patrol? Did you apply for the facility manager or office manager positions when they opened? Do you have a background in either of these fields? Are you willing to attend the meeting and voice your concerns and give practical ideas on how to fix the gap at the ski area? Unless you are willing to do that, then you really have no right to say that I was ever part of the problem.

runner
runner

How do you know she is at fault? Did you witness the accident? How do you know the mother wasn't bending over to grab her ski and move to the side? Did you know the young girls skiing ability? The only person that knows these things are the mother. Why is the young man not at fault. He was taking drugs and participating in a sport that requires resposibility and an amount of concentration. He was performing recklessly on purpose. And as I understand he had been a nuisance various times before.

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