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Hollywood Club Attack

Victim Drunk & Belligerent,

Attacker's Charges Reduced

8/18/2011 11:20 AM PDT BY TMZ STAFF

0818_the_eduard_erick_ex
HUGE twist in the case involving a brutal knockout punch in front of a Hollywood nightclub in May -- the victim was so drunk and belligerent ... the charges against the puncher were just drastically reduced.

Eduardo Lopez will not be prosecuted for felony battery ... so said the judge at the end of his preliminary hearing this AM.  Hizzoner just knocked the charge down to a misdemeanor.

Turns out ... the victim, Erick Kernel-Sanchez, had an astronomical blood alcohol level -- .29, more than 4 times the legal limit.  Get this ... a .30 can lead to unconsciousness or even death.

In addition, authorities testified the victim was under the influence of marijuana and was extremely belligerent ... so belligerent, he tried to fight the paramedics and nurses when he arrived at the hospital.

The TMZ fight video was Exhibit A in court, but despite the brutal knockout -- which left Erick with a subdural hematoma and skull fractures -- the judge determined Erick was partly to blame.

Eduardo's bail has been reduced from $500,000 to $30,000.

 Watch below for the unbelievable attack footage.



78 COMMENTS

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Previous 15 Comments | 1 | 2 | 3 | 4 | 5
61.

synchg    

Wow i feel so proud to be a Californian, ******* ******* judge

1126 days ago
62.

jean    

The puncher should definitely be charged with a felony. It's sad that Eduardo, a grown up, visciously punched someone square in the face. It is my opinion that Eduardo should take anger management. Truly pathetic. To the punchee, stop drinking.

1126 days ago
63.

Dizz    

All valid points Poppa, but this persons weakened state was self-inflicted and therefore should be denied the position of "victim". Everyone he verbally attacked could be considered a victim in that case. One cannot be negligent to their own safety, then cry victim when negative things happen. A woman has the right to walk naked through a barracks full of soldiers returning from war, but it's not a good idea. Our subject has every right to get smashed and say whatever it is he wants, to whomever he wants, but it's not a good idea.

Being "unfairly" targeted and attacked is an entirely different issue. Responsibility for ones safety is just as important as the restraint needed to curb violence. There are countless examples throughout history of those who were victimized by things that were considered "no real threat".

Peace and prosperity ARE possible and indeed attainable, but the human flaw will keep it at arms reach so long as we allow evil doers to continue without fear of repercussion. Where would we be now had we not applied controlled violence in the proper situations? A smack in the teeth is a very valuable teaching tool, and a very successful one when applied correctly.

Varying opinions are an integral part of the collective mindset. Knowing which action to apply and when, is where we need work. Having the courage to do what's needed is also a must. In this case, we have differing opinions, no harm, no foul. But someone once said, "speak softly, but carry a big stick".

1126 days ago
64.

heathcares    

where the heck are they that .29 is 4 times the legal limit?? .08 x 4 is .32

1126 days ago
65.

John    

uhhhhh. Legal limit .08 - .08*4 = .32. .29 is not more than 3x the legal limit. Math people

1126 days ago
66.

jacksonfive210    

The attacker isnt a bouncer hint thats why the had trouble finding him if he worked for there he would of been caught so fast and the night club would have a lawsuit on there hands.

1126 days ago
67.

jacksonfive210    

as bad as it is to hit someone I mean if your drunk and your running your mouth to other drunk people your asking for a fight doesnt make it right to hit someone but if that guy didnt wanna fight someone he should of shut his mouth and walked away I bet that the victim was running his mouth and acting like an idiot for a good 5 mins off camera still doesnt make it right but the victim is an idiot.

1126 days ago
68.

Alex J L    

Irrespective of how drunk Mr Sanchez was it doesn't excuse or take away from the brutal act Mr Lopez bestowed upon him. Mr Lopez should be put in jail for a long long time and not roaming the streets to assault any other poor intoxicated fool. Also I've seen the video, Mr Sanchez is not even talking to him, he called the doormen clowns, hardly an evil act, or one deserving of what he got in return. Legal system open your eyes for gods sake and put Mr Lopez where he belongs.

1122 days ago
69.

HUMANwithaHEART    

WHAT IS WRONG WITH YOU PEOPLE!!??
This story wreaks of dirty money... way to take it up the ass TMZ!! This is really irresponsible of TMZ. This has misleading information all over it. But then again - TMZ isn't known for its accuracy.

Just because someone is drunk does not mean that they should almost die on the streets!
Does anyone want to know the blood alcohol level of EDUARDO?!
HE'S THE MONSTER - THE BELLIGERENT ONE! He was the one barreling toward someone with their hands at their sides. Has anyone ACTUALLY WATCHED this video!?
EDUARDO may have been all coked out and even MORE wasted. He sure was acting like it! But we don't know this information because HE FLED THE SCENE!! GUILTY fled the scene!!
I feel for this guy, eric - he's already a victim - obviously has been through a lot - and TMZ runs this story making him look like the bad guy!? WAY TO TAKE THE MONEY TMZ!! This is seriously unbelievable and TMZ should feel just as guilty as EDUARDO. Eduardo should pay for this and the JUDGE should feel ashamed for letting someone as animalistic like this get off with a measly misdemeanor.
Anyone with head trauma who was unconscious for 10 minutes and WAKES UP in a hospital... they're going to be confused and, yeah, fight back. I see that all the time working in a hospital... has nothing to do with the alcohol sometimes. I've seen people wake up from scheduled surgeries and fight and scream.
STOP MAKING THE VICTIM LOOK LIKE AN ANIMAL. NO ONE DESERVES what this guy went through. Do ANY of you have a ******* heart?!?
My heart goes out to the victim because too many people die from punches like that... my cousin did! AND too many people get away with it - LIKE THIS MONSTER EDUARDO!
Sad TMZ - really low and sad.

1121 days ago
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