Donte Stallworth...Manslaughter?

[Sun Tzu]

Miami police won't confirm Donte Stallworth report - ESPN

A Television station has reported that Stallworth had a blood alcohol level of .12 when he struck and killed a man last saturday night. The Miami police said they wouldn't release the official results until they make an arrest, which doesn't necessarily mean they don't already have the results. Absolutely classless.

Somewhere, Plaxico Burress is celebrating.

[molson]

That's some serious shit - you usually get about 6-7 years for DUI manslaughter (without priors).

[Galaxy]

What a douche.

You have a $35 million contract and you can't a few hundred on a limo or a taxi?

[rowech]

Didn't this happen at like 7 in the morning? You have a BAC of .12 at 7 in the morning?

[Philliesfan980]

Originally Posted by rowech

Didn't this happen at like 7 in the morning? You have a BAC of .12 at 7 in the morning?

Dude, that's what happens when you're up in da club.

[johneh]

The acident happened just hours after he got his roster bonus of $4 million

[Logan]

Originally Posted by johneh

The acident happened just hours after he got his roster bonus of $4 million

So the Browns are now financing manslaughter.

They just can't win.

[Lathum]

tragic and stupid all wrapped up in one

[JonInMiddleGA]

Sadly, it'll be the second former Vol involved in a fatal drunk driving incident in recent years, following in the footsteps of Leonard Little.

[gstelmack]

And his career path has turned into a real deterrent for NFL players who follow. Sigh.

[RainMaker]

Originally Posted by JonInMiddleGA

Sadly, it'll be the second former Vol involved in a fatal drunk driving incident in recent years, following in the footsteps of Leonard Little.

Did Little get jailtime for it? I'd imagine this would end Stallworth's career.

[JonInMiddleGA]

Originally Posted by RainMaker

Did Little get jailtime for it? I'd imagine this would end Stallworth's career.

After attending a drunken birthday party in 1998, Little crashed into and killed another motorist, Susan Gutweiler in St. Louis, MO. When tested, his blood alcohol level measured 0.19 percent, a level that exceeds the statutory level of intoxication of 0.08 in the state of Missouri. Little received 90 days in jail, four years probation and 1000 hours of community service.

And if the numbers are correct, Little was actually quite a bit drunker than Stallworth & also hit a much easier to avoid target.

[Sun Tzu]

You've got to be fucking kidding me.

[Chief Rum]

Originally Posted by Sun Tzu

You've got to be fucking kidding me.

About which part?

[Sun Tzu]

Leonard Little...90 days???

It's a good thing I'm a pacifist.

[miked]

Dany Heatley was given probation, but then again, he wasn't over the legal limit, just drinking and driving his Ferrari at crazy speeds in the side streets of Atlanta.

[Chief Rum]

Originally Posted by Sun Tzu

Leonard Little...90 days???

It's a good thing I'm a pacifist.

Surprised you didn't know about it. There was a big uproar over the light punishment at the time, and it was a national uproar. On top of that, Little became a key player for the Rams in their Super Bowl runs after that.

[Passacaglia]

Who?

[Travis]

Originally Posted by miked

Dany Heatley was given probation, but then again, he wasn't over the legal limit, just drinking and driving his Ferrari at crazy speeds in the side streets of Atlanta.

And if I'm recalling correctly the person who died was a passenger in his vehicle, not a pedestrian.

[Logan]

Wasn't that Little's second drunken driving charge too? Or maybe even the second time he hit someone?

[Lathum]

to bad he didn't kill himself

[JonInMiddleGA]

Originally Posted by Logan

Wasn't that Little's second drunken driving charge too? Or maybe even the second time he hit someone?

I think he actually got another one a few years later but was acquitted on the primary charge.

[miked]

Originally Posted by Travis

And if I'm recalling correctly the person who died was a passenger in his vehicle, not a pedestrian.

Correct, he wrecked his car when he lost control (near Lenox Mall area) and he was drinking, but not above the legal limit. Obviously it's hard to control a Ferrari in a residential neighborhood going around 80, worse when you've been drinking. The passenger was his teammate.

From wiki:
Heatley was charged with vehicular homicide; he pleaded guilty to second-degree vehicular homicide, driving too fast for conditions, failure to maintain a lane, and speeding.

[RainMaker]

There was a guy where I went to college who killed a pedestrian (and hurt some others) while leaving a bar drunk. I want to say he got 3 years. But he wasn't an athlete/celebrity so it's different.

[PackerFanatic]

He will probably get a couple months in jail, "probation", and "community service". He shouldn't be treated any differently than Joe Schmo would get 5 to 10.

[Lathum]

Originally Posted by RainMaker

There was a guy where I went to college who killed a pedestrian (and hurt some others) while leaving a bar drunk. I want to say he got 3 years. But he wasn't an athlete/celebrity so it's different.

IMO athletes/ celebrities should get more, they at least have the means to hire a driver.

[Noop]

Originally Posted by Lathum

IMO athletes/ celebrities should get more, they at least have the means to hire a driver.

That's a stupid argument.

[JonInMiddleGA]

Originally Posted by PackerFanatic

He shouldn't be treated any differently than Joe Schmo would get 5 to 10.

That's not really the impression I get, at least not around here.

We just had a case where a woman ran over a cop directing traffic outside an elementary school. Weather was fine, she's stone cold sober, she drove the route regularly, visibility was normal, nothing out of the ordinary ... except that for some never really explained reason she literally ran him over right in the middle of the street, killing him at the scene.

Two years probation, 80 hours of community service, and no criminal record if she completes the probation. They didn't even suspend her f'n license.

In some ways I think she's probably a greater risk to the community than a Stallworth or Little.

[Lathum]

Originally Posted by Noop

That's a stupid argument.

and it makes alot more sense that they get treated lightly because they can hire better lawyers.

[Noop]

Originally Posted by Lathum

and it makes alot more sense that they get treated lightly because they can hire better lawyers.

So because you have the money, you should have a driver? What is the right amount money? 50k, 75k, 100k? Your a smart guy but that argument makes zero sense. Even with a high priced lawyer guess who decides what happens to the celebrity? The people.

[johneh]

Stallworth should already be in jail from theft based on his 2008 season.

[Lathum]

Originally Posted by Noop

So because you have the money, you should have a driver? What is the right amount money? 50k, 75k, 100k? Your a smart guy but that argument makes zero sense. Even with a high priced lawyer guess who decides what happens to the celebrity? The people.

If you make millions of dollars a year you should have the sense and the means to hire a driver.

And the people don't decide what happens to them. They always plea down so it doesn't get to a trial.

[Noop]

Originally Posted by Lathum

If you make millions of dollars a year you should have the sense and the means to hire a driver.

And the people don't decide what happens to them. They always plea down so it doesn't get to a trial.

Who votes in the District Attorney? The people. The judge? Most cases the people.

Just because you have millions doesn't mean you have to have a driver or face a stiffer penalty.

[BrianD]

Originally Posted by Lathum

If you make millions of dollars a year you should have the sense and the means to hire a driver.

Earning potential and wisdom have zero correlation.

[Lathum]

Originally Posted by Noop

Who votes in the District Attorney? The people. The judge? Most cases the people.

.

I think you are stretching a bit here.

[Noop]

Originally Posted by Lathum

I think you are stretching a bit here.

Yeah okay.

[molson]

Originally Posted by Noop

Just because you have millions doesn't mean you have to have a driver or face a stiffer penalty.

That's up to the judge - they lawfully have that discretion, and can and do punish people more because they should know better, or had means that other people don't. For example, a drug-addict kid from a broken home might get the benefit of the doubt and more chances at rehabilitation than someone with access to the best treatment that doesn't take advantage of it.

Driving drunk when you have the means not to is incredibly stupid, and definitely speaks to legitimate sentencing factors.

[larrymcg421]

I don't think Stallworth should be treated worse than the average person. I think everyone should be treated worse. If you don't have a ride, then drink at home. If you refuse to do that, then you don't have the right to be on the road.

[Lathum]

Originally Posted by Noop

Yeah okay.

you don't think it's a stretch to go from - the judge decides the sentence-the people vote for the judge-hence the people decide the sentence?

[Chief Rum]

Originally Posted by Noop

Who votes in the District Attorney? The people. The judge? Most cases the people.

Just because you have millions doesn't mean you have to have a driver or face a stiffer penalty.

Legally? No. In the court of public opinion? Yes.

Athletes (and others who have money, like movie and music celebs, or CEOs, or landed wealth) who choose to drink and drive rather than hiring drivers or getting a taxi are dumbasses on a historic level (beyond the level of stupidity needed just for the drinking and driving part alone).

[Noop]

Originally Posted by molson

That's up to the judge - they lawfully have that discretion, and can and do punish people more because they should know better, or had means that other people don't. For example, a drug-addict kid from a broken home might get the benefit of the doubt and more chances at rehabilitation than someone with access to the best treatment that doesn't take advantage of it.

That's seems very subjective and shouldn't the court be impartial?

[molson]

Originally Posted by Noop

That's seems very subjective and shouldn't the court be impartial?

Sentencings are pretty much a free-for-all, compared to the restrictions of trials and hearings. When I prosecuted, the sentencing argument was my favorite part - it was the only time I wasn't terrified of saying something that would get the case overturned on appeal.

Judges should definitely be impartial - a defense attorney could very fairly make the argument you're making here, and the judge might go along with it.

But if this was some poor guy who had one too many, and drove home becaue he had no other option, and he's the only provider for his family so thus he can't go to jail for long, you can bet the defense attorney would be highlighting that.

(Of course, this all assumes an "open" sentencing - mostly likely there would be a plea deal and a joint recomendation for a sentence that the judge would go along with)

[Noop]

Originally Posted by Lathum

you don't think it's a stretch to go from - the judge decides the sentence-the people vote for the judge-hence the people decide the sentence?

If you don't like the fact celebrities get off easy then make sure the DA or the Judge doesn't get elected again. Ultimately the people decide because preferential treatment has been around a long time and continue to exist because people don't object to it with their vote.

[Noop]

Originally Posted by Chief Rum

Legally? No. In the court of public opinion? Yes.

Athletes (and others who have money, like movie and music celebs, or CEOs, or landed wealth) who choose to drink and drive rather than hiring drivers or getting a taxi are dumbasses on a historic level (beyond the level of stupidity needed just for the drinking and driving part alone).

Honestly the court of public opinion certainly doesn't mean much because the public's opinion can be swayed back in your favor. (Kobe Bryant)

[Chief Rum]

Originally Posted by Noop

That's seems very subjective and shouldn't the court be impartial?

Courts make subjective judgments all the time, taking into account extenuating circumstances when it's not an exact fit with the law as written. And molson would know, since he used to be (still is?) a prosecutor.

[larrymcg421]

Originally Posted by Lathum

you don't think it's a stretch to go from - the judge decides the sentence-the people vote for the judge-hence the people decide the sentence?

I'd like to point out here that I DESPISE elections for judicial offices. A judge should only be thinking about what the law says, not what his constituents want. The way it is now you have the bizaare case of justices hearing cases involving their campaign contributors. Do we really trust them to be fair?

[Chief Rum]

Originally Posted by Noop

Honestly the court of public opinion certainly doesn't mean much because the public's opinion can be swayed back in your favor. (Kobe Bryant)

Tell that to Kobe's bank account, which received the negative impact of his lack of endorsement deals for several years, including some prime earning years. Tell that to Michael Phelps, who lost a ton of money with this marijuana thing. Tell that to Mickey Rourke, who's drinking/drug issues basically led him to missing out on being an actual leading man in Hollywood for the 20 best years for him to have done so. Tell that to Manny, who's rumored lack of effort in Boston to get traded resulted in a significantly less quality contract signed late, late in this offseason.

Public opinion does matter. There are whole industries based on that.

[Lathum]

Originally Posted by Noop

If you don't like the fact celebrities get off easy then make sure the DA or the Judge doesn't get elected again. Ultimately the people decide because preferential treatment has been around a long time and continue to exist because people don't object to it with their vote.

People elect public officials to make decisions for them but ultimatly the decision goes to the one person elected to handle that responsibility. If the elected official makes enogh poor decicions they may not be reelected, but that doesn't change the fact the final call was ultimatly theirs.

[Noop]

Originally Posted by Chief Rum

Tell that to Kobe's bank account, which received the negative impact of his lack of endorsement deals for several years, including some prime earning years. Tell that to Michael Phelps, who lost a ton of money with this marijuana thing. Tell that to Mickey Rourke, who's drinking/drug issues basically led him to missing out on being an actual leading man in Hollywood for the 20 best years for him to have done so. Tell that to Manny, who's rumored lack of effort in Boston to get traded resulted in a significantly less quality contract signed late, late in this offseason.

Public opinion does matter. There are whole industries based on that.

Actually I used Kobe as an example because he lost a lot of his endorsements and while he hasn't gotten them all back he has still be able to garner some back.

When I say public opinion doesn't matter I meant the person is free who cares what people think.

[JonInMiddleGA]

Originally Posted by Chief Rum

Tell that to Kobe's bank account, which received the negative impact of his lack of endorsement deals for several years, including some prime earning years. Tell that to Michael Phelps, who lost a ton of money with this marijuana thing. Tell that to Mickey Rourke, who's drinking/drug issues basically led him to missing out on being an actual leading man in Hollywood for the 20 best years for him to have done so. Tell that to Manny, who's rumored lack of effort in Boston to get traded resulted in a significantly less quality contract signed late, late in this offseason.

Public opinion does matter. There are whole industries based on that.

Umm it's just a sidebar but ... where does Mickey Rourke really fit into that sequence? His losses seem to be more about industry opinion than public opinion. I'm not particularly aware that anybody in the public really gave a damn what Rourke drank, snorted, or otherwise. That was people in the business who didn't trust him enough to want to work with him.