Mischief unmanaged

Our rendering represents the face-stabbing hype, not the reality.
- Adam Vieyra

There will be no justice for the geeks of Hall H.

Prosecutors, CityBeat has learned, chose not to file charges against the fan-boy in the Harry Potter “Undesirable No. 1” T-shirt who allegedly stabbed another fan in the face with a pen at the 2010 San Diego Comic-Con. He will not go to Azkaban.

Last year, Roshan Eon burnham’s arrest and the paramedic response disrupted the panel for the movies Cowboys & Aliens and Paul. The “face-stabbing” became the meme of the moment, particularly as footage emerged online of the San Diego Police Department leading the hand-cuffed 25-year-old out of the San Diego Convention Center. Twitter and blogs went wild; the next day, fans were already dressing up as stabbing victims. It was an altercation witnessed by dozens, impacting hundreds, but now the case is dead due to “insufficient evidence.”

If a crime occurred, it was violence born of nerd rage and overcrowding. According to SDPD spokesperson Lt. Andra Brown, burnham and a second man, Cody Quintano, argued over a seat during the Resident Evil: Afterlife panel on Saturday, July 24. Quintano allegedly wanted more space and vindictively brushed up against burnham’s calf, or stepped on his foot, on his way out. That led to blows and burnham stabbed Quintano near his right eye with a pen.

“The guy attacked me first,” burnham told an NBC San Diego photographer as police escorted him out. “He told me he wanted to take me outside, and I told him I did not want to fight. When he came to leave the seat with his big friend, he stomped on my leg and then I attacked him back. I’m very sorry.”

Burnham did not respond to CityBeat’s attempt to contact him via Facebook, but online records indicate he’s a trained Marine, though now working in civilian life. While in the service, he was stationed with the III Military Expeditionary Force in Okinawa. Images indicate a gentle touch, with burnham playing with orphans from the 2004 Indian Ocean tsunami. Since 2008, burnham has listed himself working with the U.S. Department of Defense in San Diego as a management analyst and travel administrator.

Quintano, whom we were unable to locate, received seven stitches in the hospital, while burnham was arrested and booked for assault with a deadly weapon. From there, SDPD passed the case to the San Diego County District attorney’s office for felony prosecution, which in turn “re-directed” the investigation to the San Diego City attorney’s office for possible misdemeanor charges.

“When we decline to file charges, it’s because we do not believe we can prove the case beyond a reasonable doubt to a jury,” district attorney spokesperson Steve Walker said in an email. “That is the legal threshold and our ethical duty.”

Similarly, the City attorney’s office decided not to file charges, citing “insufficient evidence.” CityBeat asked whether this indicated a failure for law enforcement, considering the documented injury and the public nature of the violence.

“No one dropped the ball,” Gina Coburn, spokesperson for the city attorney, said via email. “Our issuing unit gave considerable attention to this case. That there were many witnesses in a public setting and a physical injury do not mean that there was sufficient evidence to prove a case beyond a reasonable doubt. Our prosecutors have to take into account differing versions of what witnesses said happened.”

The San Diego County Sheriff’s Department had no protective orders on file for burnham regarding the convention center, and Comic-Con international, the nonprofit organization that manages the event, did not respond to inquiries about whether burnham and Quintano would be returning, or even allowed to attend, this year.

As always, police met with organizers and vendors to discuss safety precautions for the convention, which drew more than 125,000 visitors last year. While security may pay more attention to overcrowding this year, Brown says, it’s difficult to prevent freak occurrences like this.

“One guy stepped on another guy’s foot—how do you stop that?” Brown asks. “Post signs? ‘Don’t step on anyone’s foot’?”

Hermione probably has a charm for that.


Write to davem@sdcitybeat.com and editor@sdcitybeat.com.