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Does this even make sense?...

nonothing

Well-known member
WR Stallworth pleads guilty, gets 30 days in jail
By CURT ANDERSON, AP Legal Affairs Writer
6 hours, 39 minutes ago

MIAMI (AP)—Cleveland Browns wide receiver Donte’ Stallworth(notes) began serving a 30-day jail sentence Tuesday for killing a pedestrian while driving drunk in Florida, a punishment made possible by his cooperation with investigators and the fervent wish by the victim’s family to put the matter behind them.

Stallworth, 28, received the sentence after pleading guilty to a DUI manslaughter charge for striking and killing Mario Reyes while driving drunk March 14 in his black 2005 Bentley. The athlete also reached a confidential financial settlement with the family of the 59-year-old construction worker.

Without the plea deal, the DUI manslaughter conviction could have netted Stallworth 15 years in prison. After his release from jail, he must serve two years of house arrest and spend eight years on probation. The house arrest provisions will allow him to resume his football career, his attorney said.

NFL spokesman Greg Aiello said the league is reviewing the matter for possible disciplinary action. Stallworth could face suspension without pay for some games this year.



Leonard Little(notes) of the Rams pleaded guilty to involuntary manslaughter after he hit and killed a woman while driving drunk in 1998 and served an eight-game suspension, though the punishment was doled out when the league was a bit more lenient.

The Browns also said they were evaluating the situation, saying they were “very conscious of the seriousness of the charges” to which Stallworth pleaded guilty.

Stallworth’s attorney, Christopher Lyons, said the financial settlement was only one factor in the plea agreement. He noted that Stallworth stopped immediately after the accident, called 911 and submitted to roadside alcohol testing despite spending most of the night drinking at a swanky Miami Beach hotel.

“He acted like a man,” Lyons said. “He remained at the scene. He cooperated fully.”

Stallworth told Miami-Dade Circuit Judge Dennis Murphy that he hopes to get involved in drunken driving education programs.

“I accept full responsibility for this horrible tragedy,” said Stallworth, who was accompanied at the hearing by his parents, siblings and other supporters. “I will bear this burden for the rest of my life.”

Stallworth also must undergo drug and alcohol testing, will have a lifetime driver’s license suspension and must perform 1,000 hours of community service. Lyons said after five years, Stallworth could win approval for limited driving such as for employment.

Miami-Dade State Attorney Katherine Fernandez Rundle echoed Lyons in citing Stallworth’s lack of previous criminal record, cooperation and willingness to accept responsibility as factors in the plea deal. Rundle also said the Reyes family—particularly the victim’s 15-year-old daughter—wanted the case resolved to avoid any more pain.

“For all of these reasons, a just resolution of this case has been reached,” Rundle said.

None of the Reyes family attended the hearing. Their attorney, Rodolfo Suarez, read a statement saying the family wants to “bring closure to this emotional and tragic event.” Suarez did not respond to an email seeking comment.

After a night drinking at a bar in Miami Beach’s Fountainebleau hotel, police said Stallworth hit Reyes, a construction crane operator who was rushing to catch a bus after finishing his shift around 7:15 a.m. Stallworth told police he flashed his lights in an attempt to warn Reyes, who was not in a crosswalk when he was struck.

Stallworth had a blood-alcohol level of .126 after the crash, well above Florida’s .08 limit. Stallworth stopped after the crash and immediately told officers he had hit Reyes. Police estimated Stallworth was driving about 50 mph in a 40 mph zone.

Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured much of the year. The California native and University of Tennessee college star has also played in the NFL for New England, Philadelphia and New Orleans.

The night before the crash, Stallworth earned a $4.5 million roster bonus from the Browns.
 

Mike

Well-known member
Might be interesting to know how much he paid the Reyes Family.

They may have hurt his pocketbook more than a few years in jail would have?
 

VanC

Well-known member
WR Stallworth pleads guilty, gets 30 days in jail
By CURT ANDERSON, AP Legal Affairs Writer
6 hours, 39 minutes ago

MIAMI (AP)—Cleveland Browns wide receiver Donte’ Stallworth(notes) began serving a 30-day jail sentence Tuesday for killing a pedestrian while driving drunk in Florida, a punishment made possible by his cooperation with investigators and the fervent wish by the victim’s family to put the matter behind them.

Stallworth, 28, received the sentence after pleading guilty to a DUI manslaughter charge for striking and killing Mario Reyes while driving drunk March 14 in his black 2005 Bentley. The athlete also reached a confidential financial settlement with the family of the 59-year-old construction worker.

Without the plea deal, the DUI manslaughter conviction could have netted Stallworth 15 years in prison. After his release from jail, he must serve two years of house arrest and spend eight years on probation. The house arrest provisions will allow him to resume his football career, his attorney said.

NFL spokesman Greg Aiello said the league is reviewing the matter for possible disciplinary action. Stallworth could face suspension without pay for some games this year.



Leonard Little(notes) of the Rams pleaded guilty to involuntary manslaughter after he hit and killed a woman while driving drunk in 1998 and served an eight-game suspension, though the punishment was doled out when the league was a bit more lenient.

The Browns also said they were evaluating the situation, saying they were “very conscious of the seriousness of the charges” to which Stallworth pleaded guilty.

Stallworth’s attorney, Christopher Lyons, said the financial settlement was only one factor in the plea agreement. He noted that Stallworth stopped immediately after the accident, called 911 and submitted to roadside alcohol testing despite spending most of the night drinking at a swanky Miami Beach hotel.

“He acted like a man,” Lyons said. “He remained at the scene. He cooperated fully.”

Stallworth told Miami-Dade Circuit Judge Dennis Murphy that he hopes to get involved in drunken driving education programs.

“I accept full responsibility for this horrible tragedy,” said Stallworth, who was accompanied at the hearing by his parents, siblings and other supporters. “I will bear this burden for the rest of my life.”

Stallworth also must undergo drug and alcohol testing, will have a lifetime driver’s license suspension and must perform 1,000 hours of community service. Lyons said after five years, Stallworth could win approval for limited driving such as for employment.

Miami-Dade State Attorney Katherine Fernandez Rundle echoed Lyons in citing Stallworth’s lack of previous criminal record, cooperation and willingness to accept responsibility as factors in the plea deal. Rundle also said the Reyes family—particularly the victim’s 15-year-old daughter—wanted the case resolved to avoid any more pain.


“For all of these reasons, a just resolution of this case has been reached,” Rundle said.

None of the Reyes family attended the hearing. Their attorney, Rodolfo Suarez, read a statement saying the family wants to “bring closure to this emotional and tragic event.” Suarez did not respond to an email seeking comment.

After a night drinking at a bar in Miami Beach’s Fountainebleau hotel, police said Stallworth hit Reyes, a construction crane operator who was rushing to catch a bus after finishing his shift around 7:15 a.m. Stallworth told police he flashed his lights in an attempt to warn Reyes, who was not in a crosswalk when he was struck.

Stallworth had a blood-alcohol level of .126 after the crash, well above Florida’s .08 limit. Stallworth stopped after the crash and immediately told officers he had hit Reyes. Police estimated Stallworth was driving about 50 mph in a 40 mph zone.

Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured much of the year. The California native and University of Tennessee college star has also played in the NFL for New England, Philadelphia and New Orleans.

The night before the crash, Stallworth earned a $4.5 million roster bonus from the Browns.

I think it makes perfect sense, and is an excellent example of our justice system at it's best. An agreement was reached that satisfied all parties, including the family of the victim. It's also not like Stallworth does his 30 days and it's over. There are other punishments involved, and if he's half the man this story makes him out to be, he will carry a heavy burden the rest of his life. Will that bring back Mr. Reyes, or ease his family's grief? No, but neither would tossing Stallworth in prison for a few years.

It's also a good example of why I think mandatory sentencing laws are an abomination. No two cases are the same. All judges and prosecutors should have the leeway to come up with a fair sentence as they see fit, based on the evidence before them. We won't always agree with them, but that's the way the system should work, IMO. If you agree that activist judges shouldn't be making laws, then you should agree that legislators shouldn't be involving themselves in judicial decisions.
 

aplusmnt

Well-known member
reader (the Second) said:
I disagree VanC. Cracking down on drunk driving by imposing harsh sentences has actually cut down the number of people killed. I knew of too many stories when I was younger and people drove drunk more. A family whose two little kids were sitting in the back seat and some drunk rear ended their car doing car ski jumping in the Texas Hill Country.

Why should he get off relatively lightly and some other poor schmuck go to prison for 7 years?

I agree, sentencing for Drunk Driving should not be based on the current case it should be a deterrent for any future incidents!

I was hit by a drunk driver when I was 12 and spent a year in hospital, I have a permanent limp and wear a size 9 shoe on injured leg and 12 on normal one. The accident ended the two things I loved the most, racing dirt bikes and playing football all at the age of 12.

If I saw my son driving drunk I would call the police. I have zero tolerance and zero sympathy for anyone driving drunk for any reason!
 

aplusmnt

Well-known member
I did not really read the entire article above about Stallworth before I commented nor had I saw any news on tv about it.

But this morning I saw a liberal station news show about it.

Now I am pissed! 3 months for DUI and killed a person when the normal sentence was like 7 years or something.

Just because he bought off the family with millions! If I was the dead persons family I would get my millions and then wait a year or two and surprise Stallworth with a little hit and run of my own.

This is ridiculous! He should be locked up for the protection of others not just only as punishment for past crime!

This is one of the worse cases of justice I have ever saw!

I hope he find a boyfriend in jail that makes him his bubba!
 

nonothing

Well-known member
aplusmnt said:
I did not really read the entire article above about Stallworth before I commented nor had I saw any news on tv about it.

But this morning I saw a liberal station news show about it.

Now I am p****d! 3 months for DUI and killed a person when the normal sentence was like 7 years or something.

Just because he bought off the family with millions! If I was the dead persons family I would get my millions and then wait a year or two and surprise Stallworth with a little hit and run of my own.

This is ridiculous! He should be locked up for the protection of others not just only as punishment for past crime!

This is one of the worse cases of justice I have ever saw!

I hope he find a boyfriend in jail that makes him his bubba!


I agree with Aplus on this one...To add the only positive out of this is the tax payers get out of paying court costs and his 8 year prison tab...

I also wondered is that money he gives this family taxable to them,cause calling it a winfall is rediculous......And lets hope its not tax deductable or this may not cost him a thing in the end ,but 30 days....Its hard to imagine this in the year 2009..
 

CattleArmy

Well-known member
From reading various drunk driving incidents in the paper and having followed one of the local boys case it appears to me it depends on the judge you get and the family of the one killed.

I'd hate to know for sure but in the above case of the pro football player it makes ya wonder how much his freedom cost him and if money was enough to satisfy the family of the deceased.
 

TexasBred

Well-known member
aplusmnt said:
I did not really read the entire article above about Stallworth before I commented nor had I saw any news on tv about it.

But this morning I saw a liberal station news show about it.

Now I am p****d! 3 months for DUI and killed a person when the normal sentence was like 7 years or something.

Just because he bought off the family with millions! If I was the dead persons family I would get my millions and then wait a year or two and surprise Stallworth with a little hit and run of my own.

This is ridiculous! He should be locked up for the protection of others not just only as punishment for past crime!

This is one of the worse cases of justice I have ever saw!

I hope he find a boyfriend in jail that makes him his bubba!

I agree the sentence was light BUT apparently the family was more than happy with the monetary settlement. Sounds like Stallworth's attorney's found their "for sale value" and offered it...Papers were probably also signed to guarantee the family could never file any charges or do anything else related to the case. Justice has not been served but apparently we know what the value of the dead man was to his family.
 

aplusmnt

Well-known member
TexasBred said:
aplusmnt said:
I did not really read the entire article above about Stallworth before I commented nor had I saw any news on tv about it.

But this morning I saw a liberal station news show about it.

Now I am p****d! 3 months for DUI and killed a person when the normal sentence was like 7 years or something.

Just because he bought off the family with millions! If I was the dead persons family I would get my millions and then wait a year or two and surprise Stallworth with a little hit and run of my own.

This is ridiculous! He should be locked up for the protection of others not just only as punishment for past crime!

This is one of the worse cases of justice I have ever saw!

I hope he find a boyfriend in jail that makes him his bubba!

I agree the sentence was light BUT apparently the family was more than happy with the monetary settlement. Sounds like Stallworth's attorney's found their "for sale value" and offered it...Papers were probably also signed to guarantee the family could never file any charges or do anything else related to the case. Justice has not been served but apparently we know what the value of the dead man was to his family.

Thing is the family does not get to pick what his punishment is. The only thing they are suppose to control is their civil case. The prosecuting attorney set the plea bargain. He and the Judge should be removed, I could care less what the family thought was fair.

He should have gotten years in prison and the Prosecuting attorney and Judge did a disservice to our system of justice!
 

VanC

Well-known member
As you might expect, the Stallworth case got a lot of play on sports shows the other day, one of which I listen to on the way to work every morning. One of the prosecutors said that witnesses said that Mr. Reyes was in a hurry to catch a bus, darted across the street in front of Stallworth, and was not in a crosswalk. In other words, the judge and prosecutors didn't feel that Stallworth was solely responsible for Mr. Reyes' death. That, plus the fact that Stallworth stayed at the scene, took responsibility for his actions, and was a first time offender, all were factors in the plea agreement. If he'd have been a repeat offender, had been going 90 MPH, and left the scene, I suspect the out come would have been different.

That's my point. No two cases are the same, and the justice system needs to have the flexibility to treat each case differently. Good people screw up. If they learn from it, and make amends as best they can, I see no point in sending them to prison. If they do it again, then by all means put them in prison and see if that does the trick.

I stand by what I said.
 
A

Anonymous

Guest
reader (the Second) said:
VanC said:
As you might expect, the Stallworth case got a lot of play on sports shows the other day, one of which I listen to on the way to work every morning. One of the prosecutors said that witnesses said that Mr. Reyes was in a hurry to catch a bus, darted across the street in front of Stallworth, and was not in a crosswalk. In other words, the judge and prosecutors didn't feel that Stallworth was solely responsible for Mr. Reyes' death. That, plus the fact that Stallworth stayed at the scene, took responsibility for his actions, and was a first time offender, all were factors in the plea agreement. If he'd have been a repeat offender, had been going 90 MPH, and left the scene, I suspect the out come would have been different.

That's my point. No two cases are the same, and the justice system needs to have the flexibility to treat each case differently. Good people screw up. If they learn from it, and make amends as best they can, I see no point in sending them to prison. If they do it again, then by all means put them in prison and see if that does the trick.

I stand by what I said.

Thank you for the additional facts. Your point is a valid one. The only thing I question is whether a good person who makes a mistake who is not a celebrity and who doesn't have the money to pay restitution will also get a second chance. The answer may be "yes".

Unfortunately the perception is that young guys with lots of money and hot cars speed and drive drunk. Basically even driving drunk ONCE is a no-no.

Yep-- sounds quite reasonable to me-- now that we have much more of the story...
 

aplusmnt

Well-known member
VanC said:
As you might expect, the Stallworth case got a lot of play on sports shows the other day, one of which I listen to on the way to work every morning. One of the prosecutors said that witnesses said that Mr. Reyes was in a hurry to catch a bus, darted across the street in front of Stallworth, and was not in a crosswalk. In other words, the judge and prosecutors didn't feel that Stallworth was solely responsible for Mr. Reyes' death. That, plus the fact that Stallworth stayed at the scene, took responsibility for his actions, and was a first time offender, all were factors in the plea agreement. If he'd have been a repeat offender, had been going 90 MPH, and left the scene, I suspect the out come would have been different.

That's my point. No two cases are the same, and the justice system needs to have the flexibility to treat each case differently. Good people screw up. If they learn from it, and make amends as best they can, I see no point in sending them to prison. If they do it again, then by all means put them in prison and see if that does the trick.

I stand by what I said.

Him darting across the road would help in giving him a slightly lighter sentence but NO WAY 30 days. People should get more than 30 days for a DUI that no one was hurt in. I could see 2-5 years instead of 10 maybe!

I do not believe in rewarding someone for doing what they should have did, such as staying around after you kill someone!

Maybe I see this from a different light having been hit by a drunk driver and having my life turned upside down from the age of 12.

But 30 days just can not see it!

Only thing I did like was he lost his drivers license for life but I wonder if he will appeal that in a year or two and get it back. And if he does ever get caught driving I say death penalty for him!
 

aplusmnt

Well-known member
Oldtimer said:
reader (the Second) said:
VanC said:
As you might expect, the Stallworth case got a lot of play on sports shows the other day, one of which I listen to on the way to work every morning. One of the prosecutors said that witnesses said that Mr. Reyes was in a hurry to catch a bus, darted across the street in front of Stallworth, and was not in a crosswalk. In other words, the judge and prosecutors didn't feel that Stallworth was solely responsible for Mr. Reyes' death. That, plus the fact that Stallworth stayed at the scene, took responsibility for his actions, and was a first time offender, all were factors in the plea agreement. If he'd have been a repeat offender, had been going 90 MPH, and left the scene, I suspect the out come would have been different.

That's my point. No two cases are the same, and the justice system needs to have the flexibility to treat each case differently. Good people screw up. If they learn from it, and make amends as best they can, I see no point in sending them to prison. If they do it again, then by all means put them in prison and see if that does the trick.

I stand by what I said.

Thank you for the additional facts. Your point is a valid one. The only thing I question is whether a good person who makes a mistake who is not a celebrity and who doesn't have the money to pay restitution will also get a second chance. The answer may be "yes".

Unfortunately the perception is that young guys with lots of money and hot cars speed and drive drunk. Basically even driving drunk ONCE is a no-no.

Yep-- sounds quite reasonable to me-- now that we have much more of the story...

And that is why you are not a Sheriff or judge anymore! :roll:
 

Larrry

Well-known member
Let's take a look at what maybe the family was thinking.

Could they have thought that no sentence no matter the length could undo what wa done.
Could they have thought that some major money in their pocket could set up foundations, scholarships, etc that would have the sons name be remembered for ages.

Could it?
 
A

Anonymous

Guest
aplusmnt said:
Oldtimer said:
reader (the Second) said:
Thank you for the additional facts. Your point is a valid one. The only thing I question is whether a good person who makes a mistake who is not a celebrity and who doesn't have the money to pay restitution will also get a second chance. The answer may be "yes".

Unfortunately the perception is that young guys with lots of money and hot cars speed and drive drunk. Basically even driving drunk ONCE is a no-no.

Yep-- sounds quite reasonable to me-- now that we have much more of the story...

And that is why you are not a Sheriff or judge anymore! :roll:

WRONG-- I am still the Judge-- ended up filling in for the JP a couple of days last week again...And Van C is quite correct- No two cases are the same, and the justice system needs to have the flexibility to treat each case differently-- the reason I oppose mandatory sentencing and mandatory minimums...
 

aplusmnt

Well-known member
Larrry said:
Let's take a look at what maybe the family was thinking.

Could they have thought that no sentence no matter the length could undo what wa done.
Could they have thought that some major money in their pocket could set up foundations, scholarships, etc that would have the sons name be remembered for ages.

Could it?

I think it was a settlement with his wife, probably thinking I better take money in hand because now me and my kid are alone and we just lost the bread winner of the family!

I imagine a rich person could light up her eyes and she would want to secure hers and her child's future!
 

aplusmnt

Well-known member
Oldtimer said:
aplusmnt said:
Oldtimer said:
Yep-- sounds quite reasonable to me-- now that we have much more of the story...

And that is why you are not a Sheriff or judge anymore! :roll:

WRONG-- I am still the Judge-- ended up filling in for the JP a couple of days last week again...And Van C is quite correct- No two cases are the same, and the justice system needs to have the flexibility to treat each case differently-- the reason I oppose mandatory sentencing and mandatory minimums...

No circumstance on the face of the planet can justify 30 days! NONE! Less years maybe but not 30 days.

I know a local woman that did way more time than that for writing a hot check and no one died! And if she does it again probably no one will die then either. If stallworth does it again, very possible someone could die again!

30 days is ridiculous under any and all circumstances. If we were arguing over 1, 2, or 3 years the argument may be legit but 30 days is so upside down there is no way to justify it ever!
 

Steve

Well-known member
- the reason I oppose mandatory sentencing and mandatory minimums...

the reason we have mandatory minimum sentencing is due to outrage over cases such as this one.. :roll: :roll: :wink:
 

VanC

Well-known member
Steve said:
- the reason I oppose mandatory sentencing and mandatory minimums...

the reason we have mandatory minimum sentencing is due to outrage over cases such as this one.. :roll: :roll: :wink:

The reason we SHOULDN'T have mandatory sentencing is so that good people that make mistakes, and show a willingness to turn their lives around, won't waste away in prison. There are sometimes better ways to punish people than prison.

Not to mention the issue of separation of powers. I think it's highly hypocritical of people to wail and moan about activict judges making laws and then in their next breath say that legislators should be making judicial decisions. There is no way that everyone is going to agree with every decision a judge makes, but sentencing should be left up to the judges, not the legislators.
 
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