"Video Games Made Me Do It" Defense Raised in Oregon Murder Trial

"Video Games Made Me Do It" Defense Raised in Oregon Murder Trial

February 28, 2007
A T.V. news station in Oregon reports that violent video games have been raised by the defense as a mitigating factor in the murder trial of a 20-year old man.

Details are sketchy, but according to NBC affiliate KOBI-5:
A defense attorney says that violent video games may have helped set the stage for a murder in Klamath Falls (as) opening arguments were heard in the trial of twenty-year-old Patrick Morris. 

Morris is charged with the murder of fifteen-year-old Diego Aguilar.  Aguilar, died after being shot five times with a twelve-gauge shotgun...

The attorney for the defense says that violent video games such as 'Mortal Kombat' and 'Grand Theft Auto' may have blurred Morris' ability to distinguish reality and the consequences of his actions.

Despite the defense contention that video games were an influence, KOBI-5 says prosecutors allege that Morris sought revenge because Aguilar ripped him off in a drug deal.

Defense attorney Robert Abel told the Associated Press that his client had a diminished mental capacity at the time of the shooting:
Basically what we're asking for is a sentence less than the murder sentence.

GP has no additional information regarding the video game defense issue at this point. In 2005, a judge in Fayette, Alabama, declined to allow video game testimony in the trial of so-called GTA killer Devin Moore, since convicted of the murder of two police officers and a police dispatcher.

The non-jury trial is expected to last four days.

Comments

Thats where faith comes in its far easier to discount the possiblity of somthing being true then to believe.

And seriouslly if you can't distinguish reality from fantasy u r fcuked up.
Wow. Stuff like this just pisses me off so much. Let's kill the 20 year old and the lawyer.

Claim we didn't know of the severity of our actions. After all, we thought they had an "extra life".
I just love how people claim video games made them do it. Allow me to explain my view

In a video game, i press a button on either a mouse or a controller. This button in no way shape or form will teach me to fire a weapon. I can not learn how to handle a weapon or shoot it by playing a game. It just doesnt happen.

A kid that goes hunting with his father has more motive/skill to shoot a gun than a gamer ever will. Im surprised they are not using hunting as an excuse. Oh wait, thats beacuse its never an issue. No kid that has had a hunting backround has ever done a crime like shoot someone. (at least not when they are young.)

When will people learn? Everyone here smells the bullshit, but its hard to get the turth through thick skulls. At least our judges are smart enough to keep this talk of ignorance out of the law books. It just amazes me that its lasted this long, and continues to persist. Oh, then i remember, this country is plauged with stupid people. Oy.
There will only be one thing that could possibly convince me that video games really influenced someone to murder someone else...

If, after committing the murder, the murderer teabagged the victim, then I'd be convinced.
Clearly this kid didn't play enough video games, everyone who plays video games knows that once is enough with a shot gun duh.

(If anyone already said this I'm sorry for repeating it didn't feel like reading all the posts on this topic. Also that comment was sarcasm)
Ima blame my bad speling on the keybord. I wood not have speled it wrung if there was no keybord...

So when i do gramatical or speling erors. ima blame it on the utensile i use.
This defense is as ridiculous as the Chewbacca defense. Even a 4 year old child who has never seen a gun can tell that something bad has happened and to stop after shooting someone ONCE, let alone FIVE times.
u.u() What does Mortal Kombat have to do with this? Did he rip the guys spine out when he was done?

This defense is sounding kind of like the insanity plea. Say it so that you can get out of being held responsible for your crimes.
Ok, I have played just about every violent video game known to man, I have OVER 400 violent horror/cult films in my collection, I have read just about every violent comic book and novel that has been published. I eat, drink, breath and LIVE subversive entertainment, but even I am aware that if you shoot someone REPEATEDLY WITH A SHOTGUN THAT THEY WILL NOT BE GETTING UP. Sorry pal, the fact that you performed a fatality in a Mortal Kombat game doesn't mean you can no longer tell the difference between reality and fantasy, get a fucking clue.
maybe the bible made him do it, there's some pretty violent crap in there too...
With out any subtitles or numbers I'll have to assume that this man was influence to commit murder by playing the original sega genesis cartridge MK you know the one that had like six characters in it along with the PSone version GTA. I think the judge should ask were did he get these ancient relics.
striker, fatality if i'm not mistaken,
and didn't jax arms become guns for a fatality finish?
it has been YEARS since i have seen the game played
I have yet to see a video game that renders the player unable to distinguish between reality and fantasy.
While the "video games made me do it" defense is incredibly weak and idiotic and it seems like a much better defence would be to say he was on drugs at the time, i'm not sure a "i was on drugs when i did it" would have worked...
not sure how the police work in these kind of cases, but if he was checked out for drugs after he was arrested, the police may already know that he wasn't on drugs at the time of the murder. If the police are already sure he wasn't drugged up then the defence would be beaten instantly...

However, if the police did not check him right afterward and thus are not certain whether or not he was drugged up at the time... then the lawer is a complete idiot for thinking that lying "video-games made me do it" was a better defence then lying that "the drugs made me do it"... seirosuly, if your gonna lie you should atleast make it a believable one
Phantom: I just meant that even though the article is in regards to a lawsuit, it delves into JT's history with blank rome, judges, and even Tew/Cardenas, which I would say hurts his image on this case (as well as any other case for that matter). It also mentions the Bar's current battle with him. I haven't seen too many articles that do that. Usually, JT is presented as some sort of "media expert" or "moral crusader", without mentioning his history. It's definitely good to see that his history and credibility are being exposed, and maybe other news outlets that use only JT soundbites will catch on, if they haven't already.

One question though is how long will it take before JT claims GTA is somehow involved with Tew and his client? Not long, I'd guess.
People are seriously retarded, this guy needs to be locked away for ever or death sentence. 5 times is totally exsessive and out of control, perhaps he yelled noob or somthing when he was shooting the little boy, 5 times I might add. This whole video games made me do it plea sholdn't even be looked at, I have been playing games since I was around 6 and I am now 22 oh and by the way:
I rape people, porn makes me do that, I drive extremely fast, car commercials make me do that, people randomly wake up with me next to them trying to feed them, Burger King makes me do that, and what about movies? why do people blame somthing that is totally fake movies are more "believable" if you will.
Behold the new "Twinkie defense."

FOr those who don't know, it was a long while ago in a case where someoen shot up a postal office. The defense claimed that the twinkie's sugar content caused diminished mental capacity. Sound familiar?

sad part is, back then, it worked.
I totally wanna play the character with the shotgun in Mortal Kombat. That game would be so much cooler.


Now no offense, but this guy had a shotgun, and shot a kid, 5 times...with a shotgun.
...that's a bit to soak into the brain.
The attorney for the defense says that violent video games such as ‘Mortal Kombat’ and ‘Grand Theft Auto’ may have blurred Morris’ ability to distinguish reality and the consequences of his actions.

Temporary insanity? Is that what this guy is arguing? Also since when did mortal kombat ever feature firearms?
@ Nightwng2000

The defendant, Patrick Morris, waived his right to a jury trial. He did this with counsel, so I assume there is nothing foul afoot, but that was the odd thing about this case in my mind as well.
Blurring reailty and fantasy eh, Um, would'nt that count as being INSANE!...
HAHAHA! I just glanced at this headline and at first thought it was something about "Video Games Made Me Do It" ... something or other "The Oregon Trail." I was like "Someone actually still plays that?!?" I guess it's just the old-school gamer in me... If you're gonna frag, do it right... get BF2!

Honestly if the guy had been playing video games, he might not get out and really shoot someone, as he'd be taking out his frustrations in the game.
@ MaskedPixelante

Nice :)

I can so see this guy's green life bar going down after this plea. "I don't think that won me any points with the judge..."
@Wolf

Don't forget the followup:

*one juror's head vibrates then explodes trying to process that logic...*
Gamer81, it doesn't look like Jack's the one in trouble in that article. If anything, Tew seems like the one in trouble, especially if he personally contacted the woman who hired Jack after he knew she had representation. Ironically, that's the same ethics complaint that Blank Rome is using against Jack.
bullshit. thats all i have to say about it.
Frankly, I'm more interested in the fact that this murder trial is a non-jury trial.

The drug thing is probably going to be what will doom him.

Judge: You've been doing mushrooms that make you hallucinate?
Defendant: Yes.
Judge: But you say it was violent video games made you kill this child?
Defendant: Yes.
Judge: Are you sure you're not on those mushrooms now?
Defendant: ...


nightwng2000
NW2K Software
"...this is Chew-bacca. Chewbacca is a Wookie from the planet Kashyyyk, but Chewbacca...LIVES...on the planet Endor. Now think about that. That does NOT MAKE SENSE. Why would a Wookie, an eight-foot tall Wookie, want to live on Endor, with a bunch of two-foot tall Ewoks? That does NOT MAKE SENSE! But more important, you have to ask yourself: What does this have to do with this case? Nothing. ...it has nothing to do with this case! It does NOT MAKE SENSE! Look at me. ...and I'm talkin' about Chewbacca! Does that make sense? ...I am not making any sense! None of this makes sense! And so you have to remember ...does it make sense? No! ...it does NOT MAKE SENSE! If Chewbacca lives on Endor, you must acquit! The defense rests." - Johnny Cochran; South Park episode, Chef Aid
Gamer81: It's good to see Jack in a lawsuit that is not about a video game for once......though he is most likely targeting them because of games at least he is appearing to work on a suit that has some sort of merit to it.
I'm waiting for some massacre in Oregon to be blamed on Oregon Trail. I can't remember how many people in my family I've killed in that game from exhaustion and drowning.
Wow... I don't see how this defense is gunna work, unless its part of the "Its not his fault" defense where they're just gunna throw out jay random defenses out to try to defend against something thats pretty undefendable. Uh... what a world.
Well your honor, me and my buddy Riff were just riding in our car when we passed a bank. That's when me and Riff started envisioning that robbing a bank would be pretty awesome. I strongly believe that video games made me do it.

Judge: Which video game are you talking about specifically?

Uh, the one in which you rob banks I guess?

Judge: You guys just happened to have a couple of ski masks, trash bags, and firearms with you?

Yeah, talk about coinidinck, huh?

Judge: You guys also reportedly knocked over three other banks within the last few months as well?

Yeah, those video games just keep messing with my head. It seems like everytime I pass a bank I gotta run in and ask for some money.

Judge: This doesn't have anything to do with the fact that you reportedly owe a local mob boss over a hundred thousand dollars as well?

Oh yeah, that motivated me to do it but just a little bit. It was mainly the video games though.

(Whispers to lawyer)

Oh yeah, my attorney would like me to say that he's been on TV so you better not rule against him otherwise he might have to expose the huge payments you've recieved in secret from the video games industry.
Err, whoops, it's not the pre-trial. Still the defense lawyer is hoping the judge buys it, and gets his client a reduced sentence...
@MaskedPixelante

"The guy was both on, and distributing, drugs, and they STILL go after the video games?"

No, the defense lawyer WANTS them to go after the video games, because then he can argue diminshed capacity. This is still the pre-trial, we'll see if the judge buys it.
Clearly he was playing Bad Day LA, it's the only game I can think of that requires 5 shots from the shotgun to kill anyone.

What makes people think that they can get away with murder if they just say that video games made them do it? And what ever happened to evidence? The guy was both on, and distributing, drugs, and they STILL go after the video games?
The devil made me do it. Jesus made me do it. The man on the radio made me do it. Those nice CIA men talking through my teeth told me to do it...

What I mean is, my lawyer told me to try it. Can't hurt right? The luck of the draw means *eventually* some judge is going to fall for it...
@Robb

It's a non-jury trial. The judge will be the sole decider if he is guilty or innocent. In that case, the judge will decide if he is guilty and deserving of the death penalty or if he is guilty and deserving of something less than the death penalty because "violent video games such as ‘Mortal Kombat’ and ‘Grand Theft Auto’ may have blurred Morris’ ability to distinguish reality and the consequences of his actions".

How much of a blurred ability to distinguish reality do you need to have to confuse the fact that shooting someone five times with a shotgun will kill him? If video-games are so infecting it's a wonder we don't see more people shooting others with a shotgun at least one time.

So basically, the defense lawyer saying he wants a diminished sentence because of the videogames is also saying "he would have still went after him but would have shot him once if not for videogames!".
What a cheap-shot of a defense~! It reminds of some people using the "gay panic defense" (see wikipedia) as a means to hide their true intent. Well I hope the justice system and the jury should be aware of such cheap shot.
@Zerodash

Man I climb walls everyday.

@Article

Since when did punishment for a crime have to do with the why?
Why aren't kids trying to jump from rooftop to rooftop like in Crackdown? Why aren't kids attempting to scale immense walls or run up them?

There are a hell of a lot of things that "blurred reality" can cause kids to do- most of them easier and more impulsive than shooting people.
@Robb

Of course it was an accident. GTA made him hold down the trigger button. The gun magically ejected each shell and put a new one into the action.
In the news article it states:
"According to the prosecutor Morris was angry and intended to kill Aguilar after he discovered the diamond he had received in a trade for hallucinogenic mushrooms was a fake."

I just love how Video Games seem to have "blurred Morris’ ability to distinguish reality and the consequences of his actions" instead of the "hallucinogenic mushrooms" he was messing with.

Cause and effect. Aguilar also died from falling on the ground and bleeding to death, not the 5 shots that Morris put into him, right?
It says in the article that it's a trial, but the title of the KOBI-5 article says "Judge Hears..." It's a hearing do determine the charges. There will be a jury trial, and I'm assuming Murder will still be the charge. I have good reasons for this guess, even though IANAL. My first is that shotguns are only appropriate in hunting. My second is that the victim was shot FIVE times, eliminating any chance of accident.
he shot the kid 5 times with a shotgun.

five times.

there's no way this guy is anything but a murderer.
So the fact that he was using illigal drugs and/or involved in the drugs trade, somethig very much associated with violence and murder) has nothing to do with it?

Wow, these games are amazing!
This stinks of the Manhunt case over here in the UK, where a 17 year old killed at 14 year old and a certain someone (ahem) tried to blame it on the 17 year old playing Manhunt.

The TRUTH was that the game was owned by the 14 year old victim, AND the TRUTH was that the killer was a drug taker trying to get more money for his next fix...

This case isn't about finding the truth, it's about trying to get a killer off the hook and possible make some money down the line by suing a few games companies!
I wonder if he has any prior offenses... Wait where is the guy with a shotgun in Mortal Kombat. I wonder how this is going to go down. Most of the trials we have seen with this defense were tried in the Adult system, not the Juvenile court system.


I don't know why but I keep wanting to make a really tasteless comment about the "Aguilar, died after being shot five times with a twelve-gauge shotgun…".
Ah yes, that famous gun-based game Mortal Kombat.....

Sorry, but these defences reek of 'A Big Boy did it and ran away!' type defences.

It's simply not an excuse, millions of people play computer games every day and don't go out and commit a crime, if someone has a problem distinguishing between reality and fantasy, that is down to their own brain, and, as Frank Zappa stated, someone with those kind of issues could have just as easily been set off by other stimulus.

Sounds to me more like a desperate grab to shift blame than an actual defence.
Doesn't the defense know that type of defense(blaming inanimate objects and whatnot) hardly ever works? It didn't work for Lionel Tate, it didn't work for Devin Moore, it won't work here.
Yeah, it may not work...but all those conservative minded Lawyers are looking to set a precedent and therefore open the floodgates for shite like this.

I wonder how many cases "way back when" were tried and used violent imagery in novels as a defence.
I'm sorry this is just another person trying to save his back-end by playing into the media hype. He shot a guy five times with a twelve gauge shotgun. I dont care what he plea's, I hope he get the death sentence. I also hope that the judge throws away the video game plea.
I can relate; I played Resident Evil and went out shooting people. I was mentally weakened and thought everyone had become zombies. I played Black & White, and thought I was a god. Um, oh, The Sims; I thought someone was controlling me. I went around screaming about it in town.

This line says it all: "Basically what we’re asking for is a sentence less than the murder sentence." He killed someone; he deserve full allowable punishment. Period.
If the guy was around 15 years old and he has problem distinguishing fantasy from reality, then something is wrong with his brain!
[ maybe the bible made him do it, there’s some pretty violent crap in there too… ]

haha, very funny! I read the Bible and that's WHY I turned athiest. If you read it you will notice how everything sounds like a fairy tale. How did they know that God said "let there be lilght." How did God even say that??? Did he invent a language while somehow existing in a place that hasn't even been created yet!?
[...] Last week GamePolitics reported on an Oregon man’s bid to use violent video games as a defense against murder charges. So how did that work out? [...]

Post new comment

By posting comments on this Web site you agree to abide by the Comments Policy.
The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.

More information about formatting options

CAPTCHA
This image is for testing whether you are a human visitor and to prevent automated spam submissions. The letters in the picture are all UPPER-CASE.
Image CAPTCHA
Copy the characters (respecting upper/lower case) from the image.

GamePolitics ShoutBox

Posted 07/06/08 at 01:57pm
BlackIce: It might be just a bit too late now.
Posted 07/06/08 at 12:07pm
Shadow Darkman Anti-Thesis of: Jack, Jack, Jack... When will you learn?
Posted 07/06/08 at 11:38am
tallimar: hmm... youre right, im not getting the right mind frame... "YOU WILL LIKE FRIES WITH THAT!" how's that?
Posted 07/06/08 at 11:36am
gameman9: Nah, he will just scare the customers.
Posted 07/06/08 at 11:35am
tallimar: i think jack's new line may end up being "would you like fries with that?"
Posted 07/06/08 at 11:00am
Adamas Draconis: His fave line. Always thought it should be "They've got me right where I want them."
Posted 07/06/08 at 10:43am
gamepolitics: he's got 'em right where he wants 'em,LOL
Posted 07/06/08 at 10:30am
Silencets: It was a great idea. Just another step in the overarcing master plan off JT...we little people wouldn't understand....
Posted 07/06/08 at 08:35am
Jack Wessels: Yeah I knew that part. I'm just amazed at whatever thought process led him to think that was a good idea.
Posted 07/06/08 at 08:33am
gamepolitics: actually, he also sent similar material to the FL Supreme Court about 6 months before that
Posted 07/06/08 at 08:24am
Jack Wessels: for him and would somehow get Kent in trouble.
Posted 07/06/08 at 08:23am
Jack Wessels: @GP: Wow, I've skimmed that one before, but I never noticed that JT actually thought this was good news....
Posted 07/06/08 at 04:40am
gamepolitics: eraser: see our original story on that:http://tinyurl.com/6nm9oe
Posted 07/06/08 at 12:21am
infect999: because he's an idiot
Posted 07/05/08 at 11:41pm
eraserheadthelynch: why did he send gay porn to the judges?
Posted 07/05/08 at 10:44pm
Jack Wessels: @Silencets: Maybe it'll come to JT soon too, so he can finally complete that show cause order....
Posted 07/05/08 at 04:30pm
Jose_Pedro_Ramirez: No one believed that the ice at the North Pole would ever melt, but...
Posted 07/05/08 at 04:28pm
Haggard: Maybe he thought the judges would appreciate it?
Posted 07/05/08 at 03:27pm
Silencets: I'm sure JT had a perfectly good reason sending gay porn....It'll come to me any day now...
Posted 07/05/08 at 02:54pm
Grendal: once you send gay porn to judges, I'm comfortable calling you crazy
Login or register to post shouts