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Brent will appeal decision to delay his reinstatement

Brent Getty Images

Former Cowboys defensive lineman Josh Brent has ended his retirement. The league, however, hasn’t.

Brent won’t be reinstated for 10 weeks. Brent’s agent, Peter Schaffer, tells PFT that Brent will appeal the decision.

“We are going to invoke our appeal right,” Schaffer said by phone. “We were truly hoping that the Commissioner’s response to Josh’s request for reinstatement would be one that we wouldn’t have to appeal, and that it would be fair and based on precedent. The last thing we thought we’d have to do today would be appeal the decision.”

Schaffer pointed to the only other recent case involving a player found responsible for DUI resulting in death: former NFL receiver Donte’ Stallworth.

“It was the same exact situation,” Schaffer said. “Both were tragic and unfortunate.  Stallworth received a 16-game suspension.  I base everything on precedent.  The precedent was set.  But Josh will serve a 30-game suspension.”

That calculation treats Brent’s placement on the non-football injury/list list and his 2013 retirement as de facto suspensions. While it’s unclear whether the NFL would have suspended Brent in 2013 while he was awaiting trial, Brent’s retirement allowed the NFL to avoid a very delicate situation.

“It’s important that Josh voluntarily retired,” Schaffer said.  “He could have forced the NFL to go through a tremendous amount of scrutiny for allowing him to play pending trial or for attempting to suspend him before he had been proven guilty.  Where’s the incentive for someone to do that in the future?  Giving him twice what Stallworth received doesn’t seem to be acknowledge that.”

The procedure moving forward isn’t clear, given that Brent technically hasn’t been suspended.  Instead, his reinstatement has been delayed.  Schaffer believes that Brent should be allowed to play pending the appeal.

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54 Responses to “Brent will appeal decision to delay his reinstatement”
  1. 4thqtrsaint says: Sep 2, 2014 8:48 PM

    When you kill a man while drinking and driving, be thankful they allow you to play at all. Nobody cares about your “rights”.

  2. ctiggs says: Sep 2, 2014 8:52 PM

    #nobodyhasitbetter

  3. daysend564 says: Sep 2, 2014 8:52 PM

    As he should…

    Stallworth “retired” for a year and came directly back the next year. Brent accidentally killed his best friend, while Stallworth ran some random guy over.

    Precedence has been set…

  4. youpeopleareallthesame says: Sep 2, 2014 8:55 PM

    He should shut up and just take the suspension. He’s lucky to have another shot at all to be completely honest…

  5. krabballs says: Sep 2, 2014 8:55 PM

    Yeah, he’s a real hero.

  6. slaugin says: Sep 2, 2014 8:59 PM

    You guys are cruel. I was lucky enough to get a DUI at the young age of 21 at the time I had all types of excuses why I was done wrong. Truth is it may have saved my life and possibly others. Any one that has ever gotten behind the wheel after 2 beers could be in Josh Brent’s shoes. He will have to carry that pain for the rest of his life. I bier entree he is a changed man after all this. I know I am and I didn’t kill my best friend in the process

  7. gylven says: Sep 2, 2014 9:07 PM

    would be funny if the punishment is changed to banned forever

  8. dallascowboysdishingthereal says: Sep 2, 2014 9:16 PM

    The decision to allow reinstatement at all should be appealed by MADD.

  9. doe22us says: Sep 2, 2014 9:19 PM

    He is lucky they didnt suspend him for life.

  10. DaveKShape says: Sep 2, 2014 9:22 PM

    Is Josh Brent even that good? I mean honestly, this whole situation has dragged on for what feels like years, and it’s not like this guy is some sort of real game-changer. The way Jerruh has kept an open door policy for this guy and we’ve been reminded over and over again about him is a real head-scratcher to me.

  11. JaminJake says: Sep 2, 2014 9:24 PM

    He should sit down, be thankful he is alive, and shut the hell up about his suspension. He’s alive, the other guy isn’t. I’m sort of disgusted that Goodell let him back in to be honest.

  12. jacunn2000 says: Sep 2, 2014 9:27 PM

    Don’t care if he ever dresses again. Signed lifelong Cowboy fan.

  13. campcouch says: Sep 2, 2014 9:29 PM

    He can’t see this for what it is…good fortune. He decided to drink and drive. He killed a man. If his choices hadn’t led to that, he’d still be able to afford his Mercedes, his best friend would be alive, he wouldn’t have to had paid fees and fines, served time and he would’ve been playing. Zero sympathy for him.

  14. blantoncollier says: Sep 2, 2014 9:30 PM

    Josh Brent’s Blood alcohol level at the time he killed his team mate was .18. The legal limit in the State of Texas is .008.

    Just think about that…

  15. pooflingingmonkey says: Sep 2, 2014 9:31 PM

    Brent served his time, and was forgiven by the family of his dead teammate. He’ll go through the rest of his life knowing he killed his best friend. So, do we deprive him of the possibility of making amends by putting him in prison, or preventing him from doing his job?

    What’s the point of continuing this charade that the suddenly, newly hard-on-crime Roger Goodell continues to make?

  16. indianarams says: Sep 2, 2014 9:35 PM

    Honestly I wouldn’t “invoke” anything. Do your time and can come back humble. Don’t be arguing with with Comish.

  17. jcrileyesq says: Sep 2, 2014 9:58 PM

    the dallas circus continues… hard knocks should cover the cowboys ever year

  18. ironman721 says: Sep 2, 2014 10:12 PM

    He will probably get a standing ovation like Ray Rice… NFL should ban him for life. If it was a regular job he would have been fired.

  19. don2074978 says: Sep 2, 2014 10:13 PM

    Donte’ Stallworth “Victim” was actually unfortunately at fault in accident. There is a VIDEO of the incident showing the victim running(1) against the light(2) in the middle of the highway(3) to catch a bus. That’s three different violations of pedestrian law in one incident. It doesn’t excuse Donte’ Stallworth but it is a mitigating circumstance that Goodell considered in addition to Donte’ Stallworth agreeing to plead guilty when he had an excellent case criminally and settling civilly with the victims daughter. And yes the possibility exists if Donte’ Stallworth was 100% sober he may have avoided hitting the victim.

    Not quite the same circumstances for Josh Brent.

  20. 4thqtrsaint says: Sep 2, 2014 10:18 PM

    We’re not trying to be cruel. The fact of the matter is, he killed a human being while drinking & driving. We understand (as best we can) the pain he’ll be dealing with, but playing in the NFL is a priviledge, not a right. And if I was in his shoes, I’d be honored if they had me back at all, even if it was a 2 year suspension.

  21. jayovalentine says: Sep 2, 2014 10:22 PM

    He who is without sin, cast the 1st stone

  22. tomtravis76 says: Sep 2, 2014 10:27 PM

    Leonard Little…

  23. hidejamudda says: Sep 2, 2014 10:31 PM

    People shouldnt throw bricks if they live in a glass house. Everyone here swears like there some saint and have never drank and drove

  24. flexx91 says: Sep 2, 2014 10:42 PM

    Exactly. You didn’t kill your best frond in the process but unfortunately, he did. This was no accident. It was a poor decision/judgement and with poor decisions come consequences. He should simply take his suspension and be glad that he will be given a second chance to resume his career.

  25. cowboyfan45 says: Sep 2, 2014 10:43 PM

    Slaugin, this isn’t Brent’s first chance, more like his fifth chance, he has a DUI in college so he clearly didn’t learn from that, cut his ankle bracelet off while awaiting trial and failed a drug test as part of his condition awaiting trial…..so he’s had his chances……he should be kicked out of the league!!

  26. theheyseed says: Sep 2, 2014 10:55 PM

    I agree with Slaugin, bunch of glass house rock throwers on here.
    It is very sad that his friend was killed, but people die every day in cars. In 2012 over 33 thousand died in car crashes, alcohol was involved in only 12 thousand of them.
    He will have to deal with losing his friend for the rest of his life. Why should he not be able to earn a living.

  27. theheyseed says: Sep 2, 2014 10:56 PM

    I wonder what percent of the NFL ad revenue is from the beer industry.

  28. jrbdmb says: Sep 2, 2014 10:58 PM

    The appeal of this suspension and his agent complaining about what’s fair and isn’t fair suggests that he still doesn’t “get it.”

  29. kickinpuppies says: Sep 2, 2014 11:03 PM

    At least since it’s Dallas, none of us have to worry about our fantasy defense when deciding how we feel.

  30. pftard says: Sep 2, 2014 11:04 PM

    Even a 16 game suspension is light for anybody who murders* someone. It’s an irrelevant fact that he killed his best friend. The NFL goes to great length to advise and educate these guys about a lot of dangers, including drinking and driving. The fact is, he didn’t just get a DUI. He killed somebody. Nevermind past precedence…, someone like this has no place in the NFL at all.

    *Yeah.., I said murder. I think in this day and age, it’s unacceptable to claim you didn’t know that drinking before driving can lead to something like this. The drinking was premeditated. So is the strong possibility of the result. He chose to roll the dice on that and unfortunately it was his friend that paid the price and lost. Unacceptable

  31. chaney13 says: Sep 2, 2014 11:14 PM

    He can play football the week after Jerry Brown can play again

  32. cavington says: Sep 2, 2014 11:18 PM

    If I were commish I’d ban for life for that. Domestic violence is a year ban followed by lifetime ban for a 2nd offense. Marijuana is a 1 game ban with paycheck being donated to a charity. Drunk driving, 8 game ban.

  33. uglydingo says: Sep 2, 2014 11:37 PM

    Why isn’t Josh Brent in jail?

  34. bodaciousmikie says: Sep 3, 2014 12:06 AM

    The other kid’s mother forgave Brent and asked Jerry Jones to not turn his back on Brent. If the mother of the guy who got in the car on his own free will and unfortunately died in that accident can forgive Brent then no one else can be upset about the situation and the nfl’s decision.

  35. xx4zu1 says: Sep 3, 2014 1:06 AM

    Allow the man to earn a living on the condition that at least 50% of his earnings go to the family of Jerry Brown. Let something good come out of this tragedy.

  36. jolink653 says: Sep 3, 2014 1:12 AM

    You would think Brent and his agent would want to make as little noise as possible during his reinstatement process. He should be doing cartwheels that they’re allowing him back in the league at all. He should keep his mouth shut and accept whatever the league throws at him

    I know he made a mistake, and all people make mistakes, and I know I’ve made my share of mistakes, but some mistakes can’t be undone. When you drink and drive and kill someone as a result, that’s something that can’t be replaced. A life was taken because he got careless and decided to get behind the wheel instead of using $50 on a cab ride for him and Jerry Brown. He didn’t respect the privilege of being an NFL player and I don’t think he should be allowed back into the league at all. I felt the same way about Stallworth, and frankly I don’t think the league takes DUIs/DWIs anywhere near as seriously as they should. Players do it all the time and the league allows the teams to dole out punishment, that usually being maybe a series or at most a half on the bench. Hit them hard and you avoid future deaths

  37. bowsi says: Sep 3, 2014 1:31 AM

    The NFLPA should handle this. Stallworth was out for 16 games and circumvented the law to avoid jail time. Brent served his time like a man and is now being punished an additional 14 games.

  38. jazynaz says: Sep 3, 2014 1:49 AM

    killers shouldn’t be on the street, much less playing professional football. it’s a privilege to be chosen to play professional football. these guys are supposed to be role models, that’s part of the job. a drunken driving killer is not an example for anything except how not to treat your fellow human being. this guy is nothing but selfish, and he has a lot of nerve to question goodell’s reluctance to readmit him to the nfl. he should kiss the feet of goodell and the nfl who are letting him back in, EVER, at all! if he’s questioning their hesitance, he hasn’t learned a thing from any of what happened. he doesn’t belong (or deserve to be)in a position of high exposure to children like the nfl on national tv! he should be R rated. he should pay the nfl to be allowed to play!

  39. jdd428 says: Sep 3, 2014 2:34 AM

    Brent’s agent is totally wrong here. First, this is in NO WAY the exact same situation as Stallworth. In that case, Stallworth was only slightly above the legal limit and the victim was both intoxicated himself and illegally in the roadway. I mention this not to blame the victim but to show that Staallworth was not 100 percent at fault.

    Brent, however, was 100 percent at fault. And you can’t count the previous time away as being part of a 30-game suspension, that’s just flat wrong. Brent is only getting a 10-game suspension, no matter how you try to spin it, and that’s less than Stallworth.

  40. MikeisWise says: Sep 3, 2014 3:06 AM

    #freeJoshBrent

    He served his time. He didn’t force the guy to get in the car.

  41. carp0056 says: Sep 3, 2014 3:26 AM

    He should be in jail.

  42. roadwarrior99 says: Sep 3, 2014 4:01 AM

    #FREEJOSHBRENT

  43. salsendardo says: Sep 3, 2014 5:19 AM

    His BAC was .189 and he is 320 lbs. That is not two beers, that is around 20 in 5 hours. This is Brent’s second DUI. I bet Jerry Brown doesn’t feel so lucky.

  44. djstat says: Sep 3, 2014 5:53 AM

    Donte Stalworth never retired. Brent chose to retire. So there is no precedent. Also, times change.

  45. gorilladunk says: Sep 3, 2014 7:29 AM

    As a Cowboys fan (that gets harder to write as each year passes) this whole thing bothers me. Brent failed TWO drug tests while on probation for the DUI and he has a prior DUI from college. He tried to remove his ankle monitor and has shown little regard for the rules the court set for him. For everyone who claims we all deserve a second chance, this case doesn’t apply. Brent has had multiple chances to do the right thing, but he either can’t or won’t. Frankly, he should have been suspended for at least a year, and Jerry should have passed on his return to the Cowboys. Truth is, if Osama Bin Laden could rush the passer or run a 4.3 forty, most teams would find a place for him.

  46. athlete21ed says: Sep 3, 2014 8:22 AM

    So if you kill your best friend because you are drinking and driving, then go to prison, but get out because you are a celebrity, then go BACK because you were drinking and smoking weed while on house arrest, you can come back this year…but smoke some weed a few times and youre done for the season!! There you go NFL. awesome!! this idiot should never be allowed to play again. the problem is the guy he killed was on the practice squad. Imagine if it had been Romo or Witten THEN it would have been a tragedy apparently.

  47. somnambulator says: Sep 3, 2014 8:34 AM

    Couldn’t hold down 2 beers? That’s not even encroaching on .08 bac for many people.

  48. notthetroll says: Sep 3, 2014 8:36 AM

    10 + 16 =26 games.
    Jerry Brown’s mother has forgiven him and asked Jones to take him back. The proceeding statement is completely different from Stallworth or Little.

  49. reesesteel23 says: Sep 3, 2014 9:28 AM

    Slaugin

    This place is full of angels who have never made mistakes and criticize the hell out of everyone else for theirs. Welcome.

  50. bigwinintx says: Sep 3, 2014 10:38 AM

    You KILLED your “best” friend while driving DRUNK, and you have the GALL to complain about the ten funky games you’re getting suspended by the league?????
    You SHOULD have been locked up for at least twenty years, but they gave you “probation”, and while on it, you tried to remove your home ankle monitor!
    Josh Brent, you are ALL that is bad with this society we live in today!
    You want EVERYTHING but you don’t want to pay the price for it when you screw up!

    #BANJOSHBRENTFORLIFE

  51. yesrowntreeyesgrosvener says: Sep 3, 2014 10:52 AM

    Schaffer understands the difference between Brent’s case and Stallworth’s, but pretends not to. These guys are the worst.

  52. thebadguyswon says: Sep 3, 2014 10:56 AM

    This guy belongs in prison, not the NFL.

  53. thebadguyswon says: Sep 3, 2014 10:57 AM

    reeseteel

    There’s “mistakes” and there’s vehicular manslaughter. There’s a difference, in case you couldn’t comprehend that.

  54. 75rockrasin says: Sep 3, 2014 5:01 PM

    Unbelievable..

    June 2009- pleads guilt to DUI
    Dec 2012 DUI crash kills Jerry Brown
    5/13 Failed drug test
    6/13 Failed drug test

    Why is he even being allowed back in?????

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