We’ve got a column in the can at SportingNews.com for the moment that receiver Plaxico Burress is indicted on felony weapons charges in Manhattan.
(And, if he’s not indicted, I’ll have to tweak the thing. A little.)
Though we don’t want to overlap the sentiments we’ve already written in anticipation of the looming indictment, we need to say a few things about the aftermath of Plaxico’s decision to testify before the grand jury.
By all appearances, he has thrown himself on the mercy of the group, in the hopes that they’ll ignore their duty to uphold and apply the law, and that they’ll replace those concepts with emotion and a visceral sense of what is and isn’t fair.
“I was truthful, I was honest, and I’m truly remorseful for what I’ve done and for what happened,” Burress said after he testified.
In other words, he’s hoping that they’ll decide two scars in his thigh, at the entry and exit points of the bullet, are punishment enough for what he did.
Though we don’t wish prison on anyone, we hope the grand jury doesn’t fall for it. I spent several days in New York less than two months ago, and the crush of humanity in Times Square illustrated the importance of not having anyone walking around with a loaded and unlicensed Glock in the waistband of his sweatpants.
When the law imposing a mandatory minimum sentence of 3.5 years in the “slammer” for such conduct became effective in 2006, the powers-that-be in New York City spent plenty of time and money attempting to communicate to people like Burress the harsh consequences of carrying a loaded and unlicensed gun. Because that media blitz apparently didn’t have the desired impact, the prosecutions (and likely convictions) of Burress and Giants linebacker Antonio Pierce will ensure that anyone with an IQ above 15 realizes that, absent a carry permit, loaded guns should be left at home.
Though application of the letter of the law to either or both men might be viewed by the men and their counsel as “unfair,” if it helps save someone from being shot and killed by Burress or an equivalent knucklehead, we’re OK with the outcome.
He might have had a chance at mercy if this was 2008. No-one remembers that SB winning catch now.
I hope they do what is right and put him away for the mandatory sentence.
plaxico shot himself,would you guys just leave him alone,find out who shot and killed vernon forrest,those are the people you should be finding and taken to trial,nlt burress,leave him alone already
And now we come to the bullcrap which is floorboy. “that they’ll ignore their duty to uphold and apply the law” um dude for a lawyer, you suck. The Grand Jury can also indict on lesser charges, you know the ones that 80+% of the people who have no criminal record get. Or are sports stars supposed to br treated different?
Then we have this nonsense “Though application of the letter of the law to either or both men might be viewed by the men and their counsel as “unfair,” if it helps save someone from being shot and killed by Burress or an equivalent knucklehead, we’re OK with the outcome.”. it sure as hell didn’t keep Steve Smith from being held up, at gunpoint, AT HIS OWN HOME! An event that would warrant its own post, but nope that would get in the way and floorboy decided to include the tidbit in a post, 5 days after it had happened, about other Giants at the club. So tell us again floorboy how much you care for humanity.
I don’t think today’s move was a bad one on his part. The one thing he has going in his favor is that many people see the mandatory minimum of 3.5 as extreme.
Will that be enough to cause the grand jury to not apply the law? Probably not. But given the fact that he’s guilty of what he’s charged with, I don’t know that he had a better choice.
Before the idiots that have never set a foot in NYC, and would probably wet themselves if they did, start to rant and rave about how unfair the law is, remember carry permits are, in fact, available in NYC. They cost money and are time consuming to get. But Plax is a millionaire, signed with the Giants in March 2005 and his wife is a lawyer who could have helped him with the paperwork. There are two shooting ranges in Manhattan, including one that specializes in helping it’s members apply for a NYC pistol license and offers pre-license training (which apparently Plax desperately needed since he thought the waistband of his sweatpants was the appropriate holder for his gun). If Plax was so worried about his personal safety in the safest large city in the U.S. (where clubs are especially sensitive to the security needs of celebrities), he could have gotten his permit and been legal the night in question. I hope the prosecutor made that perfectly clear to the grand jury. The only pity that they should feel is that the man was too stupid and/or lazy to get himself legal.
In my opinion, strict liability laws, at least in how they are applied to criminal justice, are downright ethically and morally wrong. Culpability and intent should both factor into criminal law. Coupled with mandatory minimums, and it really puts the spirit of the law in jeopardy in relation to the letter of the law.
That being said, I’m ok with Burress being charged, as he should have known about the local gun laws when he knowingly and intentionally took the loaded gun he owned into the club.
However, as to Pierce, I don’t think it’s unreasonable for anyone who sees a friend get shot in the leg (self inflicted or otherwise) to be thinking clearly enough to wonder “is that gun legal? is it properly registered?” when driving his bleeding companion to the hospital and then dropping off said companion’s stuff (including gun) at home. What should Pierce have done? Left the gun at the club, so someone else (perhaps less scrupulous) could have yoinked it? Or maybe leave it with the receptionist at the hospital, so she gets arrested and thrown in the slammer for 3.5 years minimum instead/as well? Wait at the club for an ambulance to arrive while his friend potentially bleeds to death, then turn the gun into authorities? This story would be a lot bigger if Burress would have died… wonder what kind of strict liability BS would be thrown at Pierce had THAT happened instead.
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Please don’t let this be another instance of someone with the money for a high priced lawyer getting off when anyone else would be sent away. He is SO LUCKY that bullet didn’t kill someone, he should be thankful enough for that.
I don’t think anyone on the jury would throw themselves at Burress’ mercy!
Too bad grand juries don’t judge on sniveling. Last I heard, grand juries refer cases to trial based on the indictment’s legal merit. The D.A. runs the show at grand jury testimonies.
No dumb NFL players get a free pass.
Ha! Gotcha. Plax has an IQ of 14. He wins!
So, if someone DOES open fire in Times Square, no law abiding citizen should be able to stop the shooting spree? All good Americans shown own and carry firearms.
As a lawyer you should know juries should decide for themselves the facts of the case. They should decide the application, not others. Constitution anyone?
“if it helps save someone from being shot and killed by Burress or an equivalent knucklehead, we’re OK with the outcome.”
Aint that the truth
say it with me: mandatory minimums are a travesty.
I’m only a legal expert when it comes to “traffic court,” but uh, I don’t think that’s maybe such a good idea.
Mike Vick giving dogs the “passion of the christ”-treatment = no harm to me…
Paranoid Pro-Athletes carrying guns, displaying the responsibility level of children = me, possibly, catching a stray cap on my one night out on-the-town…
Vick’s actions are less harmful to my person, than Plax’s
He should at least be dealt the same punishment, if not worse…
Florio you probably run the best football website on the internet, but sometimes you get on this morale high horse.
The fact that you spent several days in New York less than two months ago does not make you an authority of carrying weapons.
You make no mention that Burress’ teammate Steve Smith was robbed at gunpoint on November 25, 2008 after arriving home in Clifton, N.J. Smith had just returned home when he was approached from behind by man who put a gun to Smith’s head. I bet a lot of players were carrying around guns that week. They are targets. Look at Sean Taylor.
The NFL can drone on, and the government can do whatever they want, but the police and NLF or club security aren’t there ever second and you’re going to have a hard time convincing many young male athletes not to carry around a gun. Sean Taylor dies, Darrant Williams is shot outside a club. Noah Herron who played for the Packers last year was in his house during an attempted robbery. He unscrewed his bedpost and sent one of the intruders to the hospital. Unfortunately the simple truth is that ALL NFL players are targets, not just superstars. They don’t live normal lives.
Burress is a moron, and he’s probably not a Saint. Yeah he screwed up. You have to be pretty dumb to shoot yourself, but you also have to be pretty dumb to carry a gun in your sweatpants(and what club lets in someone wearing sweatpants?). So give him a ticket for an improperly holstered gun, make him take a gun safety class, talk to some kids.
It just makes no sense to me to send him to jail, or even talk about it. Donte Stallworth gets like a month of jail for KILLING A MAN DRIVING DRUNK. Yeah, he flashed his lights, and the guy wasn’t in a crosswalk, but Donte Stallworth killed a person and got 24 days in jail and paid the guy’s family.
Plaxico Burress shoots himself in the thigh carrying around a gun three days after his teammate was robbed in front of his home at gun point. I totally see how two years in jail is fitting.
There is no chance that the grand juy does not indict him. This was obviously an emotional plea to get indicted on lesser charges, as well to gain public sympathy. The reality is it will have ZERO effect and he will eventually take a plea. No way he risks 3 1/2 years of jail time with a jury.
“Though we don’t wish prison on anyone, we hope the grand jury doesn’t fall for it” So if they don’t “fall for it” that means guilty to a felony weapon charge. Pretty sure that would insure some jail time.
Good thing you are retiring from law Florio. That makes one less lawyer with disdain for the US Constitution out there. The NY statute you have repeatedly verbally felated is a violation of the 2nd Amendment, which, regardless of the opinion of incompetents like Sotomayor, does apply to the states.
“Though we don’t wish prison on anyone, we hope the grand jury doesn’t fall for it.”
I do. He’s a douche.
I like that he wanted to be a gangsta, and ended up crying like a bitch begging not to be sent to the pokey.
I’m not sure that’s going to help his street cred.
Jury Nullification – http://fija.org/
Hey Plax,
Did you become remorseful before you cursed out the officer in Florida, or after you were almost certainly guaranteed some jail time? Urlacher should’ve called you a pussy.
Maybe the government should take away knives too in case someone is stabbed or killed too.
Unfortunately, the U.S. Constitution does not allow us to arbitrarily make laws as we think they should be. The New York City law violates and encroaches on the 2nd Amendment right to bear arms. This is yet another example of a growing invasive government that thinks rights proceed from itself not from God.
Burress and his Attorney are hoping that there
are a number of NY Giant fans on the Grand Jury. Mike take the other perspective. Burress
is a jerk who made a really bad mistake. However
it was reported that he turned down a 2 month jail term plea agreement when the D.A. was
actually offering a plea agreement that had a (2) year prison sentence attached. What kind of a plea ageement is that when other defendents have done much less time or received probation.
It was reported on this site that defendents in the NYC area have been sentenced to much less time or probation. What are the sentencing stats on gun charges? Equal protection under the law used to be some what adhered to. Except of course when there is a political agenda!
Still have wonder at the attempt to ‘try’ the case before the Grand Jury. The Grand Jury is not supposed to make judgments about the crime itself, are they? I thought a Grand jury simply evaluated the evidence and decided if there was sufficient evidence to determine if a crime that required a trail had been committed. I don’t think its in their purview to decide that “Oh, poor little boy, he’s sorry and says he won’t do it again so we should just let him go.” — that’s something a jury does, not a Grand Jury.
If Burress is successful in this you’ll see a rush of people attempting to try their case in front of the Grand Jury. That would be a major miscarriage of justice and a successful attempt to suborn the entire legal process , at least imo.
If Burress & Pierce are successful it will be because they are athletes & celebrities, not because there is no case – is that justice? Rich men with good lawyers gaining access to legal means not available to the ordinary citizen? If some Joe Blow from New Jersey shot himself in the leg with a pistol not licensed in New York in this same nightclub and a friend of his took said pistol and carried back to New Jersey so the Police couldn’t get it we wouldn’t be having this conversation, they’d already be sitting behind bars – no question.
“Though we don’t wish prison on anyone,…..”
Sure you don’t.
nerd says:
July 30, 2009 1:08 AM
So, if someone DOES open fire in Times Square, no law abiding citizen should be able to stop the shooting spree? All good Americans shown own and carry firearms.
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I think you missed the part in this story about Burress’ gun being unlicensed.
Burress has the means and should have the know how regarding registered hand guns.
He has no excuse. There’s very few reasons why people obtain unlicensed and unregistered hand guns.
He may have only shot himself, but there is a reason why the penalty for this is stiff.
I am a pro gun advocate and this further proves that gun control as it stands is worthless. Responsible gun owners don’t have this happen to them.
He’s an idiot plain and simple…
Pretty sure the law in NY doesn’t violate the 2nd ammendment at all. They aren’t making carrying guns illegal in the slightest. You can still have your gun(s). You just need to get them licensed, same as you need to be able to drive a car. It’s not as big a deal as some of you guys make it out to be.
Trey says: “This is yet another example of a growing invasive government that thinks rights proceed from itself not from God.”
Aside from separation of church & state, which God are you referring to? Yours? Because He might not be the same as mine. In fact, lot of honest, law abiding Americans don’t think there is a God at all. Others follow religions that vary greatly from the Judeo-Christian tradition. You’re looking for a theocracy. America is a democracy. Sorry. I know you and your peers are trying your damnedest to try and change that.
Was this his testimony?
http://www.youtube.com/watch?v=9TuLBa-rgBk
He should throw himself under a garbage truck instead!
licensing is an infringement, and a moneymaker for the state.
anyone who says otherwise is a tool.
mobb says:
July 30, 2009 12:17 AM
plaxico shot himself,would you guys just leave him alone,find out who shot and killed vernon forrest,those are the people you should be finding and taken to trial,nlt burress,leave him alone already
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Um……you guys? You mean me and all the other posters should find out who shot Vernon Forrest? Or are you saying that the District Attorney in New York City should find out who shot Vernon Forrest in Atlanta?
Pretty stupid post, either way.
The more I read about this case, the more I think Burress is setting himself up for when he gets out of jail and is ready to come back to the NFL. Look at Vick, the biggest knock on him has been that he lied at every opportunity until he had no other choice. People said then, and people say now, that he would be in a much better position today if he had cooperated then. As mentioned, Burress throwing himself at the mercy of the jury doesn’t really do him any good if they are going to do their job. But in two years if he is ready to come back to the NFL people will look back on this as evidence as to why he should come back.
This is for the yahoo’s taking the position that Plax needed to protect himself because other athelete’s have been held up.
I don’t think those saying Plax should be dealt with harshly are saying he should because he was carrying a concealed weapon. We are saying he should be dealt with harshly because he carried it illegally. We consider those who came in contact with him at any point that night to be lucky he shot himself and not them.
So why does the fact that the dingbat shot himself make it OK? The punishment should be worse if you carry a concealed illegally AND hurt someone else. If you shoot yourself, that should be dumb-luck for him, here’s a band-aid and 3.5 years.
As for a citizen shooting a crazed gunman in times square. YES a law abiding citizen should be able to carry a weapon and pull it out and shhot the crazed gunman. But in order for the citizen to be law abiding, he needs a permit.
I do believe every law abiding citizen who wants a gun should have one. As many as he wants. And any jurisdiction that does not allow it is less safe then those that do. Just get the permit.
Burress dug his own grave by testifying before the grand jury because prosecutors will obviously use his testimony against him. Nevertheless, three and a half years in prison just for carrying a gun that was registered in another state? That is simply the most draconian thing I have ever heard. And I’m a liberal.
“You make no mention that Burress’ teammate Steve Smith was robbed at gunpoint on November 25, 2008 after arriving home in Clifton, N.J. Smith had just returned home when he was approached from behind by man who put a gun to Smith’s head. I bet a lot of players were carrying around guns that week. They are targets. Look at Sean Taylor.”
Yeah, let’s look at both of them. Were either of them in a bar? No?
“The NY statute you have repeatedly verbally felated is a violation of the 2nd Amendment, which, regardless of the opinion of incompetents like Sotomayor, does apply to the states.”
Actually, it doesn’t. It applies only to the feds. But your argument isn’t with me, it’s with multiple Supreme Court decisions.
“Nevertheless, three and a half years in prison just for carrying a gun that was registered in another state?”
Doesn’t really matter if the gun was registered in another state, but the fact is that the gun wasn’t registered in another state. It was at one time, but he let the registration expire.
I totally agree with a previous poster who said NFL players are targets, big ones, and that they should be allowed to arm themselves for protection.
The problem that the draconian anti-gun laws like the ones in New York present, is that they seldom approve carry permits for their own law abiding citizens, and they almost NEVER approve a carry permit for someone who resides out of state. So, what can you do if you’re travelling to New York and want to be able to defend yourself?
Answer: Carry a gun without a permit.
I don’t know if Burress ever applied for a permit, but it would be interesting if he did and was denied. I can also see why one wouldn’t even bother trying, as places like New York and DC don’t give them out very often… no matter how clean one’s record might be.
$0.02,
–A heat packing Z.
“I totally agree with a previous poster who said NFL players are targets, big ones, and that they should be allowed to arm themselves for protection.”
They are, with certain restrictions.
However, Plaxico Burress should not be allowed to arm himself because he has demonstrated that he’s not responsible enough.
“The problem that the draconian anti-gun laws like the ones in New York present, is that they seldom approve carry permits for their own law abiding citizens”
If the issuing officer denies a citizen a CCW permit, New York law says that he must give a specific reason in writing. A denial can be overturned in court if the reason is found to be arbitrary or capircious. Keep in mind that any state will issue permits only to it’s own residents. Plastico’s a resident of New Jersey, not New York. Or at least he was at the time of the incident.
“Answer: Carry a gun without a permit.”
That’s the correct answer if you’re prepared to pay the legal cost of violating the law if you’re caught. He’s not charged with carrying a concealed weapon, he’s charged with carrying an unregistered weapon. IMHO they’re already going easy on him by not prosecuting to the fullest extent.
I’m not anti-gun, but I am anti-dumbasses that stoke the anti-gun fires with idiotic stuff like this.
Burress needs to feel a baseball bat on the back of his head every time he even thinks about picking up a gun. It’s only a matter of time before an idiot like that kills himself or someone else because he doesn’t know how to handle a firearm but insists on doing so anyway.
“You make no mention that Burress’ teammate Steve Smith was robbed at gunpoint on November 25, 2008 after arriving home in Clifton, N.J. Smith had just returned home when he was approached from behind by man who put a gun to Smith’s head. I bet a lot of players were carrying around guns that week. They are targets. Look at Sean Taylor.”"
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Having a gun in your waistband isn’t going to do you much good if someone is pointing one at your head. Your dead if you reach for it, and if you don’t you just gave a criminal another gun.
Guns are not much protection in armed robbery situations. Usually by the time you realize what is going on, it’s too late to access your weapon, and the person most likely to die if you do is you. It’s different in burglary situations where you may hear the person in another part of the house in enough time to get your gun.
Vernon Forrest, by the way, appears to have died because he pulled his gun and chased his robbers. The had grabbed his wallet and fled and most likely would not have shot him if he hadn’t.
“You make no mention that Burress’ teammate Steve Smith was robbed at gunpoint on November 25, 2008 after arriving home in Clifton, N.J. Smith had just returned home when he was approached from behind by man who put a gun to Smith’s head. I bet a lot of players were carrying around guns that week. They are targets. Look at Sean Taylor.”"
——————————————————————————–
Having a gun in your waistband isn’t going to do you much good if someone is pointing one at your head. Your dead if you reach for it, and if you don’t you just gave a criminal another gun.
Guns are not much protection in armed robbery situations. Usually by the time you realize what is going on, it’s too late to access your weapon, and the person most likely to die if you do is you. It’s different in burglary situations where you may hear the person in another part of the house in enough time to get your gun.
Vernon Forrest, by the way, appears to have died because he pulled his gun and chased his robbers. The had grabbed his wallet and fled and most likely would not have shot him if he hadn’t.
This is cut & dried. If he needed protection , hire a licensed agency , be above the confrontation. Hire people to handle it. They acted like thugs. They must not be above the law. 18 months w/good behavior , last 6 months halfwayhouse. Boom. That’s about as good as you will get on a 3 year commitment.
VoxVeritas says: July 30, 2009 10:22 AM
“Yeah, let’s look at both of them. Were either of them in a bar? No?”
Umm… what’s that got to do with the price of tea in China? Are you saying no one ever needs to defend themselves in a bar?
VoxVeritas says: July 30, 2009 10:24 AM
“Actually, it doesn’t. It applies only to the feds. But your argument isn’t with me, it’s with multiple Supreme Court decisions.”
Actually, all State Constitutions, including New York’s, must guarantee AT LEAST the same rights that are secured by the U.S. Constitution and Bill of Rights, so while the U.S. Constitution may not directly apply to Burress, the New York State Constitution definitely does, and it is THAT law which is being violated by the statute in question.
VoxVeritas says: July 30, 2009 11:47 AM
“However, Plaxico Burress should not be allowed to arm himself because he has demonstrated that he’s not responsible enough.”
There you go again, Vox: denying Plaxico Burress the right to defend himself, even though you reserved the right to shoot my “stupid punk bitch ass” for threatening you with some hyperbole in another thread. Hypocrite.
VoxVeritas says: July 30, 2009 11:47 AM
“I’m not anti-gun…”
ROTFLMAO!!!!!!!!! Actually, maybe you aren’t anti-gun, but your real problem is that you are pro-government and, as you will soon discover with the Obamanation in the White House (at least until someone finds his real birth certificate…), being pro-gun and pro-government are mutually incompatible.