Stallworth Could Still Avoid DUI Manslaughter Charges

Several weeks ago, we pointed out that the lawyers representing Browns receiver Donte’ Stallworth believed he might not ultimately be prosecuted on DUI manslaughter charges in connection with the death of Mario Reyes. Many of you thought we were crazy. Well, we might be crazy. But we weren’t wrong. Jason Cole, of the web site named for an utterance a crazy person might make, reports that Stallworth still might duck the manslaughter charge. The issue is causation. As we’ve previously explained, the key here is the precise language of Section 316.193(3)(c)(3)(b) of the Florida Statutes. A person who is driving while drunk doesn’t commit DUI manslaughter simply by driving drunk and being involved in an accident resulting in another person’s death. To be liable for DUI manslaughter, the drunk driver also must have caused or contributed to the causation of the incident. Here, there is evidence that Mr. Reyes was jaywalking; the police report shows that he was crossing the street well beyond the boundaries of the closest crosswalk. Still, the law doesn’t merely use the term “cause.” The standard is “causes or contributes to causing” the death. So even if Reyes was out of the crosswalk, Stallworth’s alleged intoxication could have “contributed to” the outcome. The problem for the prosecution is the very high standard of proof that applies in criminal cases. To get a conviction for DUI manslaughter, the prosecution must prove that Stallworth contributed to causing the death beyond a reasonable doubt. As Cole explains, the decision not to pursue DUI manslaughter would be coupled with a guilty plea to DUI charges, a prison term, and a civil settlement with the victim’s family. (Our guess is that Stallworth’s insurance carrier already has made a significant payment to the estate of Mr. Reyes.) Also working in Stallworth’s favor, in our view, is the fact that he has displayed true remorse for the incident, and that he has not tried to blame Mr. Reyes or otherwise talk his way out of the situation. Put simply, Stallworth has handled himself honorably in the wake of dishonorable conduct, and if a certain other criminal defendant had done the same thing a couple of years ago, he might have ended up not doing 19 months in a federal pen.