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The call on the ice was charging. It obviously wasn't charging. I also don't think it was late. Peoples' standards for a late hit are insanely stupid at this point. You commit to a hit and if it's .5 seconds later than you'd like you get an interference penalty maybe but in a game that moves that fast you shouldn't then be talking about the guy like he's Bryan Marchment. Sometimes your timing is just off.
This remains a dirty hit and deserves a solid 5+ game suspension, but not because it's a charge or late. It's because it's a hit to the head and might be an elbow to the head (which is worth an extra game or two, for me, if it's determined the elbow was up).
We need to stop talking about shit like this as if it's something it's not. A play does not need to be charging or "late" in order to be dirty. This hit was dirty despite not being either of those things. Misrepresenting it as being one of those things just confuses stupid fans who then look at another hit next week and bitch and moan about it being a "late hit".