1.A 27 year old man has been killed by punches to the head and there have been no consequences to the assailant.

2.A criminal trial to determine the guilt of the assailant and evaluate thoroughly the case has been deemed unnecessary by a closed Grand Jury Hearing since they did not find enough evidence to believe that a crime was committed.  The Grand Jury Hearing is only a preliminary hearing and not a real trial. The outcome of the Grand Jury Hearing is unjust and a blatant disregard for life. 

3.Evidence: the assailant confesses to punching the victim, an autopsy of the victim states that the death was a homicide and was caused by blunt force trauma to the front of the head with no damage to the back of the head.  Punching a man is a crime, and thus killing a man with punches should definitely be considered a crime. This was not an accident. Mr. Pennington’s intentions were to harm Kapali and Mr. Pennington should be held accountable for any and all consequences.

4.If Kapali had suffered only facial fractures, then Mr. Pennington would have been charged and convicted of assault and battery.  However, since Kapali died, there seems to be no recourse the family can take to hold Mr. Pennington criminally responsible.  Involuntary manslaughter perfectly fits the crime.  However, our society unfortunately seems to condone fist fights and when they have deadly consequences, it is just deemed a “freak accident.”  Blunt trauma to the head with punches should be considered a weapon and it does have deadly consequences.  There have been many examples of individuals dying from even a single punch to the head.  

5.Mr. Pennington was not arrested on the day he killed Kapali; Kapali was not taken to a hospital; Mr. Pennington did not have a drug or alcohol toxicology screen performed. 

6.It seems as if the legal system favors the defendant and not the victim.

7.The grand jury’s decision is completely disrespectful to the victim’s family and the life of the victim.  It is a slap in the face to all of us who dearly loved Kapali.

8.The magnitude of this case, with the death of a man, should warrant an open trial to determine the guilt of the assailant.  A closed grand jury hearing issuing a no bill gives our family no comfort or closure. Kapali’s case has not been duly processed by the legal system.  Kapali’s family and friends demand a just trial.