Harvard educated attorney explains why Raja Jackson wasn’t charged with attempted murder

After 26 days following the viral beatdown of professional wrestler Syko Stu, Raja Jackson has finally been arrested. However, the charge wasn’t what many expected.

David Otunga, a Harvard-educated attorney and former professional wrestler, explains why prosecutors opted for battery causing serious bodily injury rather than the widely anticipated attempted m*rder charge in a recent YouTube video.

According to California Penal Code section 664187A, proving attempted murder requires two key elements: specific intent to kill and a direct but ineffective act towards killing. While the second element is clearly satisfied by the video evidence of the brutal attack, Otunga argues that the first element – specific intent to kill – cannot be established.

The strongest evidence for proving specific intent would typically come from the defendant’s own statements. Raja Jackson made numerous incriminating comments during his live stream before the incident, including statements like “I get the chance to go in there and now really f**k him up” and “I’m really about to f**k him up.” However, none of these statements specifically mentioned killing or ending Syko Stu’s life.

Most significantly, Raja stated during his stream: “I ain’t going to hurt him too bad though.” This statement, Otunga argues, works directly against establishing the specific intent to kill required for attempted murder.

Instead, Raja Jackson was charged with battery causing serious bodily injury under California Penal Code section 243D. This charge requires proving two elements that are much easier to establish in this case.

First, there must be willful and unlawful use of force or violence upon another person. The viral video clearly shows Raja delivering over 20 punches to an unconscious Syko Stu, satisfying this requirement.

Second, there must be serious bodily injury, defined as significant injury including broken bones, loss of consciousness, severe disfigurement, or concussion. The video evidence shows Psycho Stew losing consciousness from Raja’s slam before the subsequent beating, clearly meeting this standard.

Battery causing serious bodily injury is classified as a “wobbler offense” in California, meaning it can be charged as either a misdemeanor or felony. In Raja’s case, prosecutors chose the felony route, which carries a potential sentence of two to four years in state prison and up to a $10,000 fine.

Otunga suggests that prosecutors chose this charge because they want a conviction. While attempted murder technically could have been filed, the burden of proof would be much higher and conviction less certain. By charging battery causing serious bodily injury, prosecutors have a much stronger case with clear evidence supporting both required elements.

The delay in arrest likely stemmed from law enforcement trying to determine what was planned versus what went too far in the wrestling context. However, Otunga emphasizes that once Syko Stu lost consciousness, any consent for wrestling activities ended, making Raja’s continued assault clearly criminal.