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Man died after agreeing to be punched, so charges should be dropped, say defense lawyers say

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(CBS/WBBM) CHICAGO - Lawyers argued Wednesday for charges to be dropped in the death of 25-year-old John A. Powell, who died after a violent party game last September.

According to witnesses and defense lawyers, Powell consented to being punched by 21-year-old Tiffany Startz as part of a bet, and collapsed shortly after.

At the September 25 gathering, party-goer Jimmy Mounts offered $5 to anyone who could take a punch from Startz, a 5-foot-5, 142 pound woman, and Powell took the bet, police say.

Prosecutors charged Mounts and Startz with reckless conduct, a felony carrying penalties of up to three years in prison. Startz was also charged with battery, according to the Chicago Tribune.

The Tribune reports that lawyers argued for charges to be dropped because the punch was consensual.

"As a matter of law - it's not a battery," Ira Goldstein reportedly told the judge, later adding outside court, "It's like a boxing match where both sides get paid. Or, say, a guy is really proud of his stomach and says, Hey, take a shot.'"

At least one party-goer filmed the blow on a cellphone, reports the Tribune.

Witnesses say after Startz struck Powell once in the face the man seemed fine for several minutes before he collapsed, according to the police.

He was taken to Provena Saint Joseph Medical Center in Joliet, where he was pronounced dead, reports CBS station WBBM. Medical records say Powell died from a brain hemmorage after the blow open a vein in his neck.

Powell was employed by E.H. Lynn Industries. A rapper and recording artist, he was known as "Fatboy" with the group Krazy Killas, and reportedly was to perform at the party.

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