The court held that it was proven that Blythe had thrown Nosek off the stage . However , Blythe , due to his nearsightedness , could have mistaken Nosek for the other fan who had repeatedly gotten over the guardrail . According to the court , the largest part of the blame lies with the promoters and security members . Judge Kubovec further reproached Blythe for not having met with Nosek no family .