Gen Con is wrapping up today. This morning, there’s still no indication that the Indianapolis Police Department has arrested Matt Loter, the man Jeremy Hambly identified as his assailant. In fact, there’s been no word that they’ve even questioned him.
That’s not good. If you believe Matt Loter should be held accountable for assaulting Jeremy Hambly, it would be reasonable to expect the police to act. But if you rely on law enforcement to protect you from harm, think again. Your safety is entirely dependent on whether the police choose to do their jobs. Sometimes they do, sometimes they don’t—it’s a fickle system.
Would a prosecutor even take the case to trial?
Even if the police arrest Loter and present the case to the prosecutor, it’s doubtful charges would be filed. Why? Both Hambly and Loter live out of state—Wisconsin and Connecticut, respectively. Most witnesses likely reside out of state as well. Any criminal conviction would rely heavily on witness testimony. For a prosecutor to move forward, they’d need to rely on witnesses returning to Indianapolis to testify in a trial—likely for a misdemeanor offense.
Hambly didn’t seek medical attention following the attack, suggesting he wasn’t injured. He even stated as much in now-deleted YouTube videos. He also didn’t return home to Wisconsin or seek a temporary restraining order against Loter. That indicates the incident—and any threat of future harm—didn’t concern him greatly.
What damages did Jeremy Hambly suffer?
Beyond a favorite shirt, it’s unclear what actual damages Hambly suffered. In fact, the opposite may be true. Hambly received substantial public attention after the incident. Subscriptions to his YouTube channels—TheQuartering and Unsleeved Media—almost certainly increased.
Despite the questionable damages, Hambly is planning to sue Loter in civil court. A GoFundMe campaign, organized not by Hambly but by artist Ethan Van Sciver, is raising money for the lawsuit.
How would a lawsuit even work?
It’s unclear how a civil case would proceed, especially given the lack of demonstrable damages. Hambly didn’t seek medical treatment, nor did he leave Gen Con early. He benefited from the publicity, a valuable commodity for a YouTuber with two channels.
Van Sciver has raised over $13,000 in two days. Once the campaign ends and Hambly receives the funds, he’s under no legal obligation to use the money for a lawsuit. Even if he does sue and wins, it’s doubtful a jury or judge would award him anything near $13,000.
Why? Because he’d have to prove damages—and there don’t appear to be any. Had he gone to a hospital or left the event fearing for his safety, he might have established a basis for compensation. Even then, his damages likely wouldn’t approach $13,000. There was no claim of pain and suffering, and he didn’t leave the convention. If anything, he capitalized on the incident. Good for him. As Jesus H. Christ famously said: Turn lemons into lemonade. Hambly turned the incident into a big, sweet tumbler of it.
The small claims limit in Indiana, where the incident occurred, is $8,000. It’s unlikely a small claims judge would award Hambly anywhere near that amount without provable damages.
The GoFundMe campaign raises red flags
When I learned Ethan Van Sciver had launched a crowdfunding campaign to seek justice for Jeremy Hambly, I started looking at the situation more critically. The campaign page states:
“The perpetrator has been identified and will be arrested shortly.”
Really? While the assailant may be identified, no one can guarantee an arrest. If Loter isn’t arrested, will donors receive refunds?
I’m extremely wary of donation campaigns that promise outcomes beyond their control. Hoping for an arrest doesn’t make it happen. That’s simply not how the legal system works.
But what do I know? I’m not a lawyer—I didn’t go to law school or pass the bar.
My advice
If I could recommend a course of action for Hambly, I’d suggest taking the case to Judge Judy. The show would cover travel and accommodations for both parties, as well as any witnesses, and also pay them for appearing. Both Hambly and Loter would make compelling TV personalities. Hambly could boost his YouTube following, and Loter might even draw attention to the games he designs and the game store he operates with his wife in Connecticut.
When in doubt, go to Judge Judy.
