War Machine court transcript reveals perils of bar fighting
Mixed Martial Arts is a discipline that allows human beings to channel their aggression in a positive direction, thus becoming better members of society. And then there's War Machine, the fighter formerly known as Jon Koppenhaver. Koppenhaver went 1-1 in the UFC and was released for making unfortunate comments about Evan Tanner, amidst general difficulty. Then he signed with Bellator, and was released for posting unfortunate things about President Obama on his personal web page. He tried a career in porn, which was curtailed at least temporarily when he beat up an entire cocktail party full of porn professionals. Last year he got out of a year in county jail for felony assault in California. Where the legal system, and society, would like to see remorse and responsibility for past behavior, Koppenhaver instead lasthed out, via Twitter. "Oh ya the judge looked and me and said she can tell Im on steroids and that thats prolly why I got in so many fights and am angry" said Koppnehaver. "..lol Bitch" he said in closing. A transcript of the victim impact statement reveals the human impact of brawling, and why he is heading back to jail. DISTRICT COURT STATE OF NEVADA, CASE NO. C276252-1 BEFORE THE HONORABLE VALERIE ADAIR, DISTRICT COURT JUDGE APPEARANCES: RECORDED: LAS VEGAS, CLARK COUNTY, NV., THURS., FEB. 2, 2012 MR. MORGAN: Court’s indulgence. THE COURT: That’s fine. MR. MORGAN: That’s correct, Judge. I just -- I understand that we’re asking for probation, and I would ask that it be on the felony given the facts of this case, the extensive damage to the victim, and I think it’s appropriate given all the facts as well as when you look at the defendant’s other criminal history and his two prior violent felony convictions. With that I’d submit it. THE COURT: And I’m assuming the 61,000 and change in restitution reflects the extensive medical bills that the victim had to incur as a result of this? MR. MORGAN: That’s correct, Judge, workmen’s comp payout. THE COURT: All right. Your true name is Koppenhaver but you’ve had it legally changed? THE DEFENDANT: Yeah, I had it legal -- I had to change it for legal reasons. I was getting sued for copyright infringement. It’s my nickname -- THE COURT: Right, you were a fighter? THE DEFENDANT: Yeah. THE COURT: All right. What if anything would you like to state to the Court before the Court pronounces sentence against you? THE DEFENDANT: Well, I just want to say that, you know, like, my lifelong dream was to become a professional athlete and make it to the UFC, all right. I got into the UFC; I had a couple fights. And then when I lost my contract, I got, you know, I battled a lot of depression, and I got real self-destructive, and there’s about -- about two and a half years, three years where I just kinda stopped caring about anything and acted like a jerk, you know. I never had gotten in trouble before, and these three years I just, you know, I went out a lot. I was drinking too much. I was getting in bar fights, and I was just, you know, acting irresponsible and acting stupid. THE COURT: What are you doing to address your alcohol problems, and do you have, like, counseling or AA or -- THE DEFENDANT: No, I didn’t have an alcohol problem like that; I just had a problem with -- really it was bars. It was a combination of bars and drinking and my temper and the fact that I just didn’t care about anything, you know. I mean, I was being -- I get tested every -- I’m on probation in California so I get tested, you know, once a week for alcohol. I do anger management classes, you know, and I’m just avoiding stuff. I’m staying in the gym, teaching classes, training, hanging out with my wife. I’m just not -- I’ve just changed my lifestyle. I’m just -- I’m not doing that anymore. THE COURT: Mr. Ogata. MR. OGATA: Thank you, Judge. THE COURT: Yeah, you know, you’re really stretching because here’s the thing. You know, he’s gotten in trouble before, and, you know, he’s a professional fighter -- MR. OGATA: I understand, Judge. THE COURT: -- and he’s picking on people who aren’t professional fighters. I mean, it’s ridiculous, and he says he wants to -- he’s hurting himself. Well, he’s not punching himself in the face, I mean, you know, to be blunt. He, you know, he’s a professional fighter, and he needs to show, in my view, that he’s a tough guy, and he gets drunk, and he picks on people who are not professional fighters. I mean, to me, it’s not just some other, you know, drunken, you know, ordinary person like you or Mr. Morgan getting drunk and taking a swing in a bar. It’s a guy who’s trained to really hurt people -- MR. OGATA: I understand, Judge. THE COURT: -- and, you know, it’s a whole different -- whole different thing than just a bar fight in my view. And so, you know, the time has come in my mind, Mr. Ogata, for a felony. And now what we’re talking about is his freedom, I mean, I’ll just be candid with you because, you know, it’s great he learned in jail and this and that, but, you know, maybe if he does really well, and he’s lucky enough to get probation, you can come see me later, but, you know, again, he, you know, I mean, I don’t really know why it took him a year of sitting in jail to figure out, oh, hey, I’m a professional fighter; I really shouldn’t be popping innocent people in the face, you know, because I get drunk and angry and I have a temper. You know, to me that should have been -- he should have been a little more self-aware down the road. MR. OGATA: So my request of reducing it down to a gross misdemeanor -- THE COURT: Well, you know, like I said he’s -- MR. OGATA: I just wanted to throw it out there, Judge. I know -- THE COURT: -- if he’s lucky -- if he’s lucky enough to get probation and he does really well, then you can pitch that to the Court. I’m not making any commitments or promises. We’ll see what direction his life takes, you know. MR. OGATA: I understand, Judge. THE COURT: But, you know, honestly, you know, he’s dangerous, and he’s dangerous because of his training and everything like that, and that makes it different than just some person out there getting in bar fights. MR. OGATA: I understand, Your Honor. THE COURT: In my view. MR. OGATA: I think Mr. Koppenhaver understands that too; we’ve discussed that. THE COURT: All right. MR. MORGAN: Judge, we do have a speaker. THE COURT: I know. Thank you. It’s Mr. Miller. MR. MORGAN: Yes, Your Honor. THE COURT: Sir, I need you to just follow my marshal and come up, you know, right here. Just right up here to the witness stand. And please, sir, remain standing facing our court clerk, and she will administer the oath to you. THE CLERK: Please be seated, and would you please state and spell your name. THE SPEAKER: Steven Edward Miller, S-t-e-v-e-n, Edward, E-d-w-a-r-d, Miller, M-i-l-l-e-r. THE COURT: All right, sir. Thank you for being here. What would you like to say today? THE SPEAKER: I’d like to say there’s -- first of all there’s a couple of corrections that need to be said from the opening from what I heard. First of all, it’s not a worker’s comp issue. The State picked it up because the company I worked for did not have valid worker’s comp insurance. So therefore I went 90 days after being kicked out of a hospital and not treated and getting the surgeries that I needed to where I was supposed to go to an assisted living facility to learn how to walk again because I had a broken left knee, fractured right ankle, torn ligaments in my right knee, along with a cut and the fracture over the bottom of my right eye. None of this was done. I still can’t do my duties at work properly. THE COURT: Oh, okay. So you did pursue a civil remedy -- THE SPEAKER: Yes. So there’s nothing left. There’s nothing else there. This is it. THE COURT: All right. So no doctor will take it on a lien for your civil case? THE SPEAKER: Right. I can’t work properly. I can’t bend. I wake up in the middle of the night. I don’t sleep properly. I don’t have the medications that I need, nothing. This has been going on for almost three years. THE COURT: All right, sir, and what would you like to see happen today? THE SPEAKER: Well, I sit there and I look at he was on probation from San Diego for another fight. Obviously not a drunken fight; it happened outside of a gym after training. Don’t go to a gym training on alcohol. At work, once again, not alcohol related. Everything that his attorney said, none of it makes sense. None of it’s the truth. It seems to me that it’s all fabricated, something to make you kind of feel a little bit weepy eyed to say, oh, yeah, he can do it on his own, but I know that you see through it. THE COURT: Let me ask you this. The State in this case negotiated the case -- and in fairness, it was not Mr. Morgan who negotiated it -- and they’re agreeing to probation for this defendant. THE SPEAKER: That was not discussed with me or with my attorney that’s in the courtroom as well. That was done totally outside of us, and I would not see probation, like you said, being a professional, going out and having actions like this, knowing the consequences of your actions; I don’t see where probation in my mind fits the crime. Basically, I can’t do what I’ve done for a living since ’94. THE COURT: And let me ask you this. In the PSI it’s talking about just the injury because the Court, you know, we don’t get everything that the State has or the defense has. We get what they put in the PSI. They’re focusing on the injury to your face, but as -- there obviously was more of a fight where your leg was injured and -- THE SPEAKER: Right. I had a broken left knee to where when I went to the ground my knee twisted. The upper leg turned causing the bottom of the kneecap, the bone to split out where I was supposed to have a pin inserted and have it fixed, but since there was no insurance that never happened. So anytime I turn to my left, there’s no anchor on my knee. It can pop out and just go. Other than that I had a fracture to my right ankle and torn ligaments in my right knee. So my right ankle still gets painful every once in a while because I didn’t get all the physical therapy. I didn’t have any surgeries that, once again, there’s supposed to be a pin. They were going to go in -- or a plate, whatever it is they were going to do. I know I didn’t get treated right because of the insurance thing. So, you know, it’s ruined my life. THE COURT: All right. Thank you for being here. MR. MORGAN: No, Judge. THE COURT: Mr. Ogata, do you have any questions for the victim speaker? MR. OGATA: No, Your Honor. THE COURT: Sir, thank you for being here. And you can just follow my marshal and return to your seat next to your attorney who’s here in court today. THE DEFENDANT: I’m not steaming, ma’am. THE COURT: Well, you look like you’re -- THE DEFENDANT: I’m just nervous. I’m -- THE COURT: Sir, that’s fine. I mean, you know, you know what you need to do. I don’t want any alcohol. You can’t frequent any establishments that serve alcohol as their primary function, casino bars, freestanding bars, anything like that. MR. MORGAN: And, Judge, just so the record’s clear, the restitution needs to be ordered to the Division of Industrial Relations not the victim. THE COURT: All right. You know -- MR. OGATA: Judge, he’s requesting if he can get his things in San Diego together because he had to travel here. He’s showed up for every court date for -- THE COURT: Doesn’t he have a wife? MR. OGATA: He does. THE COURT: Can’t she do it? THE DEFENDANT: My wife -- my wife’s an immigrant from Hungary, and she doesn’t have a license, none of that stuff. She doesn’t have anyone here but me. It’s just her and I together here. She moved here from Hungary a year ago. And, I mean, like when I did my year in San Diego, I turned myself in. I did the time. There was no problem, you know. I just want to get my stuff in order -- THE COURT: Sir, I’m not anticipating a problem. I’m anticipating that you’re going to be a good inmate, but I’m looking at you; you’re a professional fighter. I just want to make sure you understand that it’s not going to be do whatever you do at the Detention Center and then go on your merry way and I’m not monitoring what you’re doing at the Detention Center -- THE DEFENDANT: I understand. Ma’am -- THE COURT: -- ‘cause we’ve had other professional fighters in the Detention Center, and I just need to know that you’re on your best behavior and not taking advantage of your superior training or whatever. THE DEFENDANT: Can I say one thing. When I did my year in San Diego I was never involved in one fight. THE COURT: That’s good. Then there should be no problems. THE DEFENDANT: So I’m just letting you know that, you know, I haven’t had any problems since then. THE COURT: Good. That’s fine then. MR. OGATA: So the request, Judge, I know that he’s complied -- I mean, he’s been to every court date that I’ve ever had with him. He will comply with any requirements -- THE COURT: What is it you need to do in San Diego? THE DEFENDANT: Well, I need to get rid of my car. I want to, like, put my stuff in storage. I want to get everything done, get my wife situated. I mean, we came here thinking that we’re getting probation and that was it. So this is like a shock. That’s why I might look -- whatever you said I looked like. I’m just nervous. I didn’t expect this, and she doesn’t expect it, and, you know, my job, I want to get -- THE COURT: Mr. Ogata? MR. OGATA: Judge, the request is, I mean, if we can get some time for him to get these things together. I know that he can come back and check himself back in. THE COURT: Here’s the deal. I’ll give you two weeks for a surrender date. Understand this, you don’t come back, you get in a fight, you get in trouble, get a DUI, anything like that, you’re going to prison. There is no probation. So basically, you know, the future’s in your hands, you know, and we’ll modify this, you know, give you 19 months on the bottom end in prison instead of the Detention Center. THE CLERK: Surrender date is February 16 at 9:30. THE COURT: Mr. Ogata, is that for you? MR. OGATA: That’s it, Your Honor. THE COURT: Thank you, sir. MR. OGATA: Thank you, Judge.. War Machine responded via twitter... The reason I am upset with having to do time this time is because this event occurred over 3 years ago and I am not the same person today. I went on a lil' rampage for a few years and made a lot of poor choices...it finally all caught up to me last year and I served a year straight in San Diego County Jail. During that year I had a lot of time to think and realize I needed to change. Upon my release over 6 months I did just that. I have been attending my anger management classes, staying away from the party scene and booze. I have been teaching Kid's MMA Classes and living life the right way. In my professional career I won the biggest fight of my life vs Roger Huerta and became only the 2nd man to ever finish him. I recently signed a contract with @BellatorMMA and had a chance at winning over a 100k in their tournament, a tournament that I will now not be participating in. Of all the things I have ever gotten in trouble for this one is the dumbest one. The person I fought was a coworker of mine 6'2'' and over 300lbs. He instigated the fight, he came after me. I punched him ONCE and then took him down. During the takedown he injured his knee. The reason this case had been dragging on so long in the court system is because the DA's office had a WEAK case and my attorney and him were constantly negotiating for a plea bargain. Upon my release from jail I told my attorney that I wanted to get this case over with and get on with my life, put the bs behind me. I agreed to pay a huge fine of $61,000 for his medical bills and signed an agreement for probation and NO JAIL TIME. The DA and myself were both happy with the agreement. 3 weeks after I plead guilty I returned to be sentenced and the Judge Valerie Adair completely disregarded the DA and I's deal, as well as the progress I have made since being incarcerated and learning my lesson and CHANGING. That was an irresponsible decision on her part. Jail is supposed to be a tool to rehabilitate people and rehabilitation had taken place! WHy would you mess that inertia up? Why not give me a suspended sentence and a chance to continue proving myself? She scolded me and accused me of using steroids, I have NEVER tested positive for them or had an arrest for them in my life! She judged a book by it's cover and that is not just! I deserve to stay free and continue to prove that I am a changed man! Write the Governor and help me! http://gov.nv.gov/contact/governor/ MMA gear now available at the UG Store
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