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Stallworth Hits & Kills Pedestrian

Texans_Chick said:
My legal analysis of this:

Stallworth Resolves Criminal and Civil Claims (What Does This Mean?)
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Steph,

I dug up this March 2007 article on Stallworth when he signed with the Pats that you and others may find interesting as a "backgrounder." :


New England continued its busy offseason by agreeing to terms with wide receiver Donte' Stallworth on a detailed six-year contract that could be worth as much as $33.1 million or as little as $3.6 million for one season.

The complex nature of the contract reflects the fact that Stallworth is currently in the NFL substance abuse program, according to a report by the Philadelphia Inquirer. Another violation of the program could result in a suspension.
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REST OF ARTICLE

My gut feeling is that if you're already in "The Program" and have serious implications hanging over your head, and still screw up, you're unlikely to make it through 10 years of probation without the same results. I have a feeling the prosecutors also had that in mind in offering this "deal." There are probably very severe provisions written into this agreed upon plea bargain which could more than make up for the apparent leniency extended, should Stallworth screw up again.

Another thing I wanted to point out is that others are already trying to use the apparent inequities of the penal system in arguments for their clients.

Plaxico Burress' lawyer argues for Donte Stallworth-like sentence or less
 
The defendant wasn't in the crosswalk and I've heard that Florida scales the % of liability when it comes to these types of cases (there is a legal term but it escapes me right now). Since the defendant wasn't in the crosswalk I heard it wasn't in the families best interest to pursue it any other way than this.
 
Vinny said:
The defendant wasn't in the crosswalk and I've heard that Florida scales the % of liability when it comes to these types of cases (there is a legal term but it escapes me right now). Since the defendant wasn't in the crosswalk I heard it wasn't in the families best interest to pursue it any other way than this.
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Florida DUI Manslaughter is not a Strict Liability Statute
 
CloakNNNdagger said:
Florida DUI Manslaughter is not a Strict Liability Statute
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It is Comparative Negligence. You weigh the circumstances of both parties. Basically the guy was also at fault by crossing a busy roadway not at the crosswalk. The family got him to plea and they go their civil suit money.
 
His "indefinite" suspension would also probably be related to his previous inclusion in the NFL Substance Abuse Program. Now Jim Brown reveals that the accident seemed to involve more than alcohol.

Jim Brown Suggests That Marijuana Was Involved In Stallworth Accident


Hall of Fame running back Jim Brown, who remains a senior member of Cleveland Browns management, suggested on Friday that Browns receiver Donte’ Stallworth was smoking marijuana on the evening/morning of the accident that claimed the life of 59-year-old Mario Reyes.

Brown made his remarks during an appearance on 790 The Ticket’s The Dan LeBatard Show.

“This situation is a tragedy all around, but what was involved was alcohol and marijuana,” Brown said. “On one hand, DUI is a very serious thing in America. Marijuana of course is against all the rules.”

Brown explained that he has some “inside information that says that that was also a part of what was detected,” presumably in the blood test imposed on Stallworth. Brown said he’s not “100 percent sure” that this is true, but Brown said he spoke with a ” very reliable source” who shared this information.
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Furthermore, FOX NEWS has just reported that Stallworth's settlement with the family was for $5 million. If I remember correctly, this would "coincidently" be the same sum Stallworth qualified for in bonus money the day before he killed Reyes. I may be legally challenged, but I would dare say, even if the case was weakened by the fact that the victim did not use the crosswalk, had Stallworth not had $5 million, he would not have avoided a trial, and very likely would have enjoyed years of pounding out license plates under the supervision of "Bubba."
 
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Texans_Chick said:
My lawyer and NFL thoughts on the case are here:

Stallworth Resolves Criminal and Civil Claims (What Does This Mean?)

Also check out further discussion in the first page of comments.

If you want to hear a more in depth discussion of the Vick v. Stallworth thing among other random stuff, I talk about it in this podcast
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Good review, Steph. I still doubt that he makes it thru his probation period. That being said, in the few states that don't have reciprocal agreements with other states (I believe there are only a few), can he somehow claim residence in one of them and continue to drive with his new license in other states............or in the state that originally revoked his license?
 
Now Roger Goodell I have respect for he seems to hold his players to higher standards unlike MLB or the NBA when it comes to breaking NFL rules or the law based on what I've heard and read. MLB has a big steriod problem right now and Bud is not as tough on his players as he should be IMO and because of this MLB fans have changed the way they look at the game of baseball. For the most part Roger has tried to uphold a positive outlook upon the NFL MLB on the other hand not so much IMO. I know the man shouldn't have crossed such a busy street like he did and part of the blame is on him but Donte was high and durnk at the time and when you have a good job making as much money as Donte does you should use better judgement and choose wisely he is a grown man afterall. Right? If there is one thing I hate it is people making bad mistakes that do not have to be made. Overall I am happy with what the NFL gave him and it is better than what the court of law gave him JMO.
 
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gary said:
Now Roger Goodell I have respect for he seems to hold his players to higher standards unlike MLB or the NBA when it comes to breaking NFL rules or the law based on what I've heard and read. MLB has a big steriod problem right now and Bud is not as tough on his players as he should be IMO and because of this MLB fans have changed the way they look at the game of baseball. For the most part Roger has tried to uphold a positive outlook upon the NFL MLB on the other hand not so much IMO. I know the man shouldn't have crossed such a busy street like he did and part of the blame is on him but Donte was high and durnk at the time and when you have a good job making as much money as Donte does you should use better judgement and choose wisely he is a grown man afterall. Right? If there is one thing I hate it is people making bad mistakes that do not have to be made. Overall I am happy with what the NFL gave him and it is better than what the court of law gave him JMO.
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Yeah, King Roger should basically do what the mob majority wants him to do. That due process thing is way overrated.

We've gotten to this point because the owners put product on the field over disciplining their own players. But making decisions on whatever the mob feels that day puts all players in a precarious position. Whatever special interest group yells the loudest will keep players off the field, and teams have to suck up whatever punishment Roger feels that day. It puts teams in bad positions.
 
CloakNNNdagger said:
Good review, Steph. I still doubt that he makes it thru his probation period. That being said, in the few states that don't have reciprocal agreements with other states (I believe there are only a few), can he somehow claim residence in one of them and continue to drive with his new license in other states............or in the state that originally revoked his license?
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That's an almost impossible probation period to get through, and with public opinion being as negative as it is, the probation folks and a judge will give him no benefit of the doubt with even small violations.

I don't know the answer to the license question.
 
Texans_Chick said:
Yeah, King Roger should basically do what the mob majority wants him to do. That due process thing is way overrated.

We've gotten to this point because the owners put product on the field over disciplining their own players. But making decisions on whatever the mob feels that day puts all players in a precarious position. Whatever special interest group yells the loudest will keep players off the field, and teams have to suck up whatever punishment Roger feels that day. It puts teams in bad positions.
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A season or two out of the league won't hurt Donte. A year in jail wouldn't have been so bad either thirty day is just too soft IMO.
 
Texans_Chick said:
That's an almost impossible probation period to get through, and with public opinion being as negative as it is, the probation folks and a judge will give him no benefit of the doubt with even small violations.

I don't know the answer to the license question.
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I indeed accidently NEG REPPED you...................Can one of the mods please tell me how to undo my dasterdly deed! PLEASE!!!!!!!:dangit::tomato::sos::sos:
 
Is he going to make it through the two years house arrest without getting in any throuble? That is the question.
 
gary said:
A season or two out of the league won't hurt Donte. A year in jail wouldn't have been so bad either thirty day is just too soft IMO.
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A few contrarian thoughts:

We don't know if the ban is a season or two. It's until King Goodell feels like it.

A player's career is only finite in length.

If the victim's family was okay with the sentence (which they were), why should we get all up in arms about it?

It's hypocritical as hades. The NFL sells tons of (overpriced) alcohol sales at the stadium and send thousands of drivers into the roads. They don't intend for those people to run into and kill anyone but it happens anyway. So the NFL is the tough guy for making an example of Stallworth, but last year I get my car smashed by a drunk guy after leaving Reliant Stadium.

People think probation is easy, but it isn't. So "just 30 days in jail" sorta talk is a little misguided. It is also misguided because we as outsiders to the trial do not know all the evidence. It is quite likely with good attorneying that Stallworth might have been found not guilty of DUI Manslaughter because of the difficulty of showing causation for the death if the victim crossed a busy street not at a crosswalk.
 
Texans_Chick said:
A few contrarian thoughts:

We don't know if the ban is a season or two. It's until King Goodell feels like it.

A player's career is only finite in length.

If the victim's family was okay with the sentence (which they were), why should we get all up in arms about it?

It's hypocritical as hades. The NFL sells tons of (overpriced) alcohol sales at the stadium and send thousands of drivers into the roads. They don't intend for those people to run into and kill anyone but it happens anyway. So the NFL is the tough guy for making an example of Stallworth, but last year I get my car smashed by a drunk guy after leaving Reliant Stadium.

People think probation is easy, but it isn't. So "just 30 days in jail" sorta talk is a little misguided. It is also misguided because we as outsiders to the trial do not know all the evidence. It is quite likely with good attorneying that Stallworth might have been found not guilty of DUI Manslaughter because of the difficulty of showing causation for the death if the victim crossed a busy street not at a crosswalk.
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You are right we do not know how long the band is just an exsample by me. I was just hoping for a little more jail time. Vick got more time for dog fighting. Never said probation is easy. That is why I asked if he is going to make it that long. We don't know what the judge saw and what he did not. I agree that if the man had used the crosswalk it would have been a totaly different outcome.
 
Stallworth got away with murder by being sentenced to 30 days in jail, plus 1,000 hours of community service, 2 years of house arrest, and 8 years probation. This is nothing but a lsp on the wirst, if me or any of you guys on TTalk were to have done what he did we would be sitting in jail right now.

I hope Roger Goodell knows better, he should ban Stallworth from the NFL for life for what he's done and may GOD excat revenge and punish him for his deeds.

Makes me sick to my stomach to see criminals get away with stuff so easily, our judicial system as well as our criminal laws should be changed...NOW!
 
Texan4Ever said:
Stallworth got away with murder by being sentenced to 30 days in jail, plus 1,000 hours of community service, 2 years of house arrest, and 8 years probation. This is nothing but a lsp on the wirst, if me or any of you guys on TTalk were to have done what he did we would be sitting in jail right now.

I hope Roger Goodell knows better, he should ban Stallworth from the NFL for life for what he's done and may GOD excat revenge and punish him for his deeds.

Makes me sick to my stomach to see criminals get away with stuff so easily, our judicial system as well as our criminal laws should be changed...NOW!
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If it was you or me or the guy Joe accross the street they would have our heads on a Silver platter. I know I wouldn't be too thrilled about it.
 
gary said:
If it was you or me or the guy Joe accross the street they would have our heads on a Silver platter. I know I wouldn't be too thrilled about it.
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I'm curious. Do you think Stallworth's punishment would have been the same if the pedestrian would have used the crosswalk and attempted to cross the causeway with the right-of-way?
 
StarStruck said:
I'm curious. Do you think Stallworth's punishment would have been the same if the pedestrian would have used the crosswalk and attempted to cross the causeway with the right-of-way?
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No but you also have to look at how big of a role did being high and drunk played. I wonder what would have happend to the average Joe and compare the two. You have to admit sports stars do under go different treatment.
 
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Texan4Ever said:
Stallworth got away with murder by being sentenced to 30 days in jail, plus 1,000 hours of community service, 2 years of house arrest, and 8 years probation. This is nothing but a lsp on the wirst, if me or any of you guys on TTalk were to have done what he did we would be sitting in jail right now.

I hope Roger Goodell knows better, he should ban Stallworth from the NFL for life for what he's done and may GOD excat revenge and punish him for his deeds.

Makes me sick to my stomach to see criminals get away with stuff so easily, our judicial system as well as our criminal laws should be changed...NOW!
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Actually, celeb status works for and against athletes. It is quite possible that they wouldn't have charged a regular person with DUI Manslaughter and just regular DUI. Apparently, there was a video that may have raised reasonable doubt.

Celeb status works for a person because that usually means they have financial resources and can hire good lawyers.

Celeb status works against a person because prosecutors like to make examples of people and tend to grandstand if they have the facts to do so. There is no quietly resolving a case like what happens with most cases.

And one thing I've learned over time is that everyone wants to throw the book at criminals until that time when they, a friend or family member gets sideways with the law. Most people charged with crimes thought it would never ever happen to them.
 
Texans_Chick said:
Actually, celeb status works for and against athletes. It is quite possible that they wouldn't have charged a regular person with DUI Manslaughter and just regular DUI. Apparently, there was a video that may have raised reasonable doubt.

Celeb status works for a person because that usually means they have financial resources and can hire good lawyers.

Celeb status works against a person because prosecutors like to make examples of people and tend to grandstand if they have the facts to do so. There is no quietly resolving a case like what happens with most cases.

And one thing I've learned over time is that everyone wants to throw the book at criminals until that time when they, a friend or family member gets sideways with the law. Most people charged with crimes thought it would never ever happen to them.
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Is there a link to that video TC for the public to see or some link saying the video is out there?
 
Regardless of who was at fault (I don't see how the pedestrian was at fault), the sentencing and punishment that Stallworth received makes all those "You Can't Afford DWI/DUI" comemricals look like a joke!

Horry for our stupid criminal justice system!!!! :lion:
 
Texan4Ever said:
Regardless of who was at fault (I don't see how the pedestrian was at fault), the sentencing and punishment that Stallworth received makes all those "You Can't Afford DWI/DUI" comemricals look like a joke!

Horry for our stupid criminal justice system!!!! :lion:
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You probably have a point. I've seen too many pedestrians or bike riders cross the street wherever then darn please and dare your to hit them.
 
The fact is here that you should use good judement while you're driving regardless of who is to blame. If he wasn't speeding and DUI and this still happend then it turely would have been a mistake. Why not hire a driver or bring one with you for one night? He should have driven to where ever he was going and then in a safe place if he just had to get high and smoke then do it. But he shouldn't have been doing anything in the first place as it is against the law period.
 
gary said:
Is there a link to that video TC for the public to see or some link saying the video is out there?
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The video isn't public because snuff films aren't cool.

I recall seeing the discussion of the video over at ProFootballTalk about why the sentence wasn't bad. Don't have a link handy.

It's also important to remember that though the prosecution tends to seek the victim's family's permission before they strike a deal, they don't have to follow the families wishes. The family in this case was okay with the outcome. If the prosecution had a strong case, they could have thrown the book at Stallworth even if the family didn't want it. It's not a case like Kobe Bryant, where after Kobe pays the victim, she refuses to cooperate with prosecutors.
 
gary said:
We also do not know if Stallworth made a payoff.
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actually we do know for a fact that he made a payoff. he reached a settlement with the 'victim's family before the deal was reached. the fact that the family was satisfied with the agreement led to some leniency.

another thing that led to leniency was that the 'victim' put himself in danger and not Stallworth. The 'victim' broke the law in crossing the street where he did and he failed to yield to automobiles as required by law.

I don't blame Stallworth for this but he is legally responsible because he got behind the wheel after a night of drinking and it hadn't left his system yet. If Stallworth wasn't legally 'drunk' there still would have been an accident. The pedestrian put himself in danger but his family were fortunate that he was hit by someone in a Bentley....oh and massive fail for Stallworth driving a Bentley...nothing says ahole more than driving a Bentley...well nothing besides Affliction and Ed Hardy tshirts anyway...
 
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Texans_Chick said:
Actually, celeb status works for and against athletes. It is quite possible that they wouldn't have charged a regular person with DUI Manslaughter and just regular DUI. Apparently, there was a video that may have raised reasonable doubt.

Celeb status works for a person because that usually means they have financial resources and can hire good lawyers.

Celeb status works against a person because prosecutors like to make examples of people and tend to grandstand if they have the facts to do so. There is no quietly resolving a case like what happens with most cases.

And one thing I've learned over time is that everyone wants to throw the book at criminals until that time when they, a friend or family member gets sideways with the law. Most people charged with crimes thought it would never ever happen to them.
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So true and people rarely seem to understand that. Paris Hilton and her DUI come to mind. She spends a day in jail or something trivial like that and everyones first reaction is to point their finger at the situation and claim that she's getting preferential treatment but actually the exact opposite was true. I can't stand the twit anymore than the next guy but average joe gets no jail time for a first time DUI. She got the day for the specific purpose of demonstrating that she wasn't getting preferential treatment. The whole thing kinda backfired on them though.
 
Cornwell Acknowledges That Stallworth Had Marijuana In His System

In a statement issued on Tuesday night regarding the evidence relating to the Donte’ Stallworth DUI manslaughter case, attorney David Cornwell acknowledges that evidence soon will surface that marijuana was detected in Stallworth’s system.

The full text of the statement is right here.

Recently, Browns executive Jim Brown said that marijuana was involved in the incident. Though Brown didn’t name his source, he also said that he had spoken to Commissioner Roger Goodell regarding the situation.

http://www.profootballtalk.com/category/rumor-mill/

That might just slow your response to a pedestrian crossing the street.
 
Hervoyel said:
So true and people rarely seem to understand that. Paris Hilton and her DUI come to mind. She spends a day in jail or something trivial like that and everyones first reaction is to point their finger at the situation and claim that she's getting preferential treatment but actually the exact opposite was true. I can't stand the twit anymore than the next guy but average joe gets no jail time for a first time DUI. She got the day for the specific purpose of demonstrating that she wasn't getting preferential treatment. The whole thing kinda backfired on them though.
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There's much more to the Paris Hilton story and why she ended up in jail.


Paris Hilton's DUI Charges
People of the State of Calif. v. Paris Hilton

Paris Hilton's original DUI charges alleging that on September 27, 2006 she was driving while under the influence, and while "under the combined influence of an alcoholic beverage and a drug. In January 2007 she subsequently pleaded no contest to reckless driving charges stemming from the incident. A judge sentenced her to 3 years of probation, mandatory attendance at an alcohol education program, and fines of $1,500.

On May 4, 2007, a judge sentenced Hilton to 45 days in jail for violating the terms of her probation. According to prosecutors, she failed to enroll in an alcohol education course by mid-April 2007, and was stopped for two more traffic violations, including driving with a suspended license.
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Second Honeymoon said:
actually we do know for a fact that he made a payoff. he reached a settlement with the 'victim's family before the deal was reached. the fact that the family was satisfied with the agreement led to some leniency.

another thing that led to leniency was that the 'victim' put himself in danger and not Stallworth. The 'victim' broke the law in crossing the street where he did and he failed to yield to automobiles as required by law.

I don't blame Stallworth for this but he is legally responsible because he got behind the wheel after a night of drinking and it hadn't left his system yet. If Stallworth wasn't legally 'drunk' there still would have been an accident. The pedestrian put himself in danger but his family were fortunate that he was hit by someone in a Bentley....oh and massive fail for Stallworth driving a Bentley...nothing says ahole more than driving a Bentley...well nothing besides Affliction and Ed Hardy tshirts anyway...
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I do wonder why the man crossed the main street like he did. The man is porbably more at fault than Donte for crossing the wrong way which I'll never understand. The family got paid. They are ok with it. I still think maybe Donte should undergo some rehab for his drinking and pot problem.
 
infantrycak said:
It may not have been reported, but that is almost certainly a condition of his probation.
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You are correct sir.

Any time you get a DWI or anything of that nature, there are several terms to your probation that make you attend AA, a victim's impact panel class, and other alcohol education classes.
 
The NFL has suspended Donte Stallworth for the 2009 season,.

Any other outcome would have been surprising. Some want Commissioner Goodell to suspend Stallworth for life after his felony manslaughter guilty plea, but that seems unlikely. Stallworth probably won't ever play for the Browns again, and his age and talent level don't guarantee that he'll get a job next year anyway, assuming he's reinstated.
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http://www.rotoworld.com/Content/home_NFL.aspx
 
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