This section contains the nature of the case and procedural background.

A group of teenagers attended a dance. RM and SK were show-offs and acted cocky. This made BT and four others mad. They made threats against RM and SK. RM and SK’s group left the dance and to look for a cab. BT and his gang followed them and continued to taunt them. Martin Dyos (D), who was part of BT’s group threw rocks at RM and SK’s group. A rock his PS in the head and PS hit BT, and a short fight occurred. RM and GM were left in the street bleeding from severe head wounds. One of RM’s injuries was caused when he was struck by D with a brick. D admitted hitting RM with a brick. RM died nine days later. RM had also received an injury behind his right ear, but there was no evidence as to the cause of this injury. Martin Dyos (D) was charged with murder. The pathologist concluded that both wounds were potentially fatal. Either injury could have caused the death, and RM reasonably could have recovered from the first injury, although it was not clear which injury came first.

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