Though it appeared that the whole thing would evaporate like the foam on the top of three fingers of bubbly, Chargers cornerback Antonio Cromartie is still facing legal jeopardy after allegedly throwing a bottle of champagne in a night club during the early morning hours of November 23.
Debbi Baker of the San Diego Union-Tribune reports that police have sent the case to the San Diego City Attorney, with a recommendation that Cromartie face a misdemeanor charge of assault with a deadly weapon.
Despite conflicting witness accounts, Cromartie reportedly opted to ignore his Constitutional right to remain silent and admitted that he threw the bottle, claiming that the thing slipped out of his hand.
And that’s a key concession.
If Cromartie had opted merely to shut up, the morass of contradictory accounts arising from perceptions made by persons of varying degrees of inebriation in a darkly-lit room would have prevented a finding, based on evidence beyond a reasonable doubt, that Cromartie threw the bottle.
Now that Cromartie has acknowledged that the bottle came out of his hands, a conviction hinges only on whether a jury will accept or reject Cromartie’s self-serving explanation that he accidently sent a glass bottle flying through the air.