Plaxico Burress Pleads Guilty, Receives Two-Year Prison Term For Shooting Incident

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KAREN MATTHEWS | 08/20/09 05:07 PM | AP

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Former New York Giant Plaxico Burress leaves Manhattan criminal court in New York, Thursday, Aug. 20, 2009. Burress pleaded guilty to a weapons charge and agreed to a two-year prison term for accidentally shooting himself at a Manhattan nightclub. (AP Photo/Seth Wenig)

NEW YORK — Facing the prospect of spending at least 3 1/2 years behind bars, one-time Super Bowl star Plaxico Burress on Thursday accepted a plea bargain with a two-year prison sentence for accidentally shooting himself in the thigh at a Manhattan nightclub.

The former New York Giants wide receiver pleaded guilty to one count of attempted criminal possession of a weapon, a lesser charge than he had faced. He will be sentenced Sept. 22, and lawyer Benjamin Brafman said he expects Burress to begin serving his sentence immediately after.

Burress got into a black SUV without speaking to reporters outside Manhattan state Supreme Court, but Brafman said, "After an agonizing period of discussion, Plaxico decided that he wanted to do this, to put this behind him as quickly as possible."

The ex-football star was indicted earlier this month on two counts of criminal possession of a weapon and one count of reckless endangerment. He faced a minimum sentence of 3 1/2 years if convicted at trial.

Hours after his court appearance, the NFL announced commissioner Roger Goodell had suspended Burress and said he is ineligible to sign with any team until he completes his jail term. Goodell, who met with Burress and his representatives last week, said Burress will be reinstated upon completion of his sentence.

Burress' guilty plea ends months of haggling between Brafman and the Manhattan district attorney's office. The case went to a grand jury after negotiations broke down, apparently because District Attorney Robert Morgenthau was insisting that Burress serve at least two years in prison.

Morgenthau did not comment on Burress' guilty plea.

Assistant District attorney John Wolfstaetter said in court that Thursday was Burress' last chance to accept the deal.

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Burress, looking subdued and wearing a dark blue suit, first entered a plea of not guilty to the initial charges against him. After Brafman informed Judge Michael Melkonian that Burress had decided to plead to the lesser charge, Burress said, "Guilty" to attempted weapons possession in the second degree.

Brafman said the 32-year-old Burress was thinking of his family in taking the plea, but the attorney questioned the recommended prison sentence.

"This was not an intentional criminal act," Brafman said. "In my judgment, a two-year prison sentence is a very severe punishment."

With time off for good behavior, Burress will likely serve 20 months. He will be monitored during an additional two years after his release, which could come as early as the spring of 2011.

The Giants cut ties with Burress in April, but his former teammates said they were saddened by Thursday's news.

"He is a friend of mine, a great teammate. We won a championship with him. I am saddened by the news – two years," quarterback Eli Manning said. "Again, I just wish the best for him and his family and try to support him any way we can."

Pro Bowl defensive end Justin Tuck said his heart sank when he learned of the plea.

"Today when I heard the news, my heart went out to him and his family, and obviously I'm just hoping that everything turns out all right in the end," Tuck said.

Burress, who caught the winning touchdown for the Giants over the New England Patriots in the final minute of the 2008 Super Bowl, and former teammate Antonio Pierce were at the Latin Quarter nightclub in late November when a gun tucked into Burress' waistband slipped down his leg and fired, shooting him in the right thigh. The bullet narrowly missed a nightclub security guard who was standing inches away, prosecutors said. It lodged in the floor and was recovered by a bartender.

The gun was not licensed in New York or in New Jersey, where Burress lived. His license to carry a concealed weapon in the state of Florida had expired in May 2008.

Prosecutors said Pierce drove Burress to a hospital, then took the gun to his own home in New Jersey. It was later delivered to Burress' home.

Pierce was not indicted. The grand jury also did not indict the nightclub security guard who carried the gun to Pierce's car or the hospital staff members who failed to notify police that Burress had been shot. Pierce did not speak to reporters at Giants training camp on Thursday.

NEW YORK — Facing the prospect of spending at least 3 1/2 years behind bars, one-time Super Bowl star Plaxico Burress on Thursday accepted a plea bargain with a two-year prison sentence for acci...
NEW YORK — Facing the prospect of spending at least 3 1/2 years behind bars, one-time Super Bowl star Plaxico Burress on Thursday accepted a plea bargain with a two-year prison sentence for acci...
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- KarateKid I'm a Fan of KarateKid 330 fans permalink
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The punishments of NFL players are very puzzling. I'm not condoning any of their actions, but:

Mike Vick gets 2 years and basically a fine of 100 million dollars for bankrolling a dog fighting ring.
Plaxico Burress gets 2 years for shooting himself and carrying a concealed weapon. He loses at least two years pay, probably close to $15 million if not more.

Dante Stallworth drives drunk and kills a human being and gets 30 days in jail plus paying a couple million to the victim's family and some probation.

Human life sure is getting cheap.

    Favorite    Flag as abusive Posted 06:24 PM on 08/22/2009
- mtredstar7 I'm a Fan of mtredstar7 26 fans permalink

This sounds like Burress is being made an example of what can happen to you if you carry a gun in public without a permit. A hefty fine and probation would have been more than fair in this case in my opinion.

    Favorite    Flag as abusive Posted 05:12 AM on 08/22/2009

With all the gun toting around that republicans like to do, they should be outraged.

    Favorite    Flag as abusive Posted 01:39 AM on 08/22/2009
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Two years.

Ooof.

    Favorite    Flag as abusive Posted 03:21 PM on 08/21/2009
- KarateKid I'm a Fan of KarateKid 330 fans permalink
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And Dante Stallworth gets 30 days for actually taking a human life. Go figure. I guess human life is getting cheap.

    Favorite    Flag as abusive Posted 06:25 PM on 08/22/2009

Dick Cheney shoots a guy in the face -- nothing.

This guy shoots himself and gets 2 years in prison.

Thank you NY for making it clear to us that we do not have a justice system.

    Favorite    Flag as abusive Posted 12:04 AM on 08/21/2009
- KarateKid I'm a Fan of KarateKid 330 fans permalink
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Good point.

    Favorite    Flag as abusive Posted 06:26 PM on 08/22/2009
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I'm a pro gun control native New Yorker, and I have to say having him spend more than 3 months in jail is ridiculous. We have very strict gun control laws, which he seemed unaware of.
Granted ignorance of the law is no excuse for breaking it. He did put others at risk by carrying a loaded side arm into a crowded nightclub. Consequently he should be fined and monitored. It's not as if he's a flight risk.
Having him spend more than at maximum a few months in jail for making a very stupid mistake that lacked any malice, a mistake that only inflicted harm to himself is excessive.
And how much will it cost the city to keep him locked up for all that time? Tens of thousands of dollars? That's almost as stupid as he was the night his gun went off.

    Favorite    Flag as abusive Posted 06:22 PM on 08/20/2009
- DofG I'm a Fan of DofG 48 fans permalink
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But that's America's true fidelity to "the rule of law"-duplicity!
Carry a gun illegally in New York, you can easily get two years in prison.

But if happen to be the police, and shoot a person 14 times for carrying a wallet, you were just doing your duty.

If you violate the military's DADT policy, you get get kicked out of the military.

But if you are the POTUS, you can start an illegal war, kill tens of thousands of people, spy on your own people, fire DOJ officers for political reasons, raise terror alerts to win an election, etc, etc, etc., we pretend that it's okay.

Behold, these are our "clay feet"!

    Favorite    Flag as abusive Posted 06:45 AM on 08/21/2009

Jugganaut--Your reasoning is sound, but too late. Remember who supported what when you vote, otherwise this will happen again just as sure as night follows day.

    Favorite    Flag as abusive Posted 06:05 PM on 08/20/2009
- jugganaut I'm a Fan of jugganaut 12 fans permalink

I'm not a gun rights nut by any stretch of the imagination, but 2 years? That seems awfully unreasonable to me.

My reasoning is this: Anyone who carries a gun with actual malicious intent is not going to be deterred from acting on his intent by the threat of a 2-3 year sentence. Anyone who carries a gun WITHOUT such malicious intent (e.g., carrying the gun for personal protection as Burris can reasonably be assumed to have done given that he is a celebrity, and celebrities are often targets in public) WOULD be deterred from doing it again unlawfully by a prison sentence as short as, say, 6 months.

    Favorite    Flag as abusive Posted 05:51 PM on 08/20/2009

Burris is not a victim. The time for these considerations is when idiotic legislation is being debated. He'll do the time; assuming he keeps himself in shape, he'll play a few more years. A little perspective please. Save your tears for law-abiding people being booted out of their homes by the sheriff.

    Favorite    Flag as abusive Posted 05:51 PM on 08/20/2009
- SwingVoter I'm a Fan of SwingVoter 19 fans permalink
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12 months and probation should have been fine. Not too harsh, but the judge could have been a little more lenient given the fact he shot himself.

    Favorite    Flag as abusive Posted 05:38 PM on 08/20/2009
- danusgram I'm a Fan of danusgram 15 fans permalink
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what is wrong with leaving the house and NOT carrying a gun. I know I do this everyday.

    Favorite    Flag as abusive Posted 05:21 PM on 08/20/2009
- jugganaut I'm a Fan of jugganaut 12 fans permalink

The difference is, you're not a celebrity going into a club where you're highly likely to be accosted by some jerk trying to "prove" himself by accosting you, with the threat of such an encounter escalating.

I'm not excusing Burriss' actions entirely, but I can certainly see why he did it. And there's an entire galaxy's worth of difference between his circumstances and yours.

    Favorite    Flag as abusive Posted 05:54 PM on 08/20/2009
- jasev01 I'm a Fan of jasev01 10 fans permalink

Lets try that again... How can you get two years for getting shot yourself. I still think it a feather in people's caps to see these guys go down.

    Favorite    Flag as abusive Posted 05:05 PM on 08/20/2009
- jasev01 I'm a Fan of jasev01 10 fans permalink

How you going to get shot and get a two year bid. Even if you killed someone else by mistake ie Donte Stalworth you don't get that much.

    Favorite    Flag as abusive Posted 05:04 PM on 08/20/2009

This is a crying shame. They will do anything to black people. Jailed for making a mistake that didn't hurt anyone but himself. Black millionairs are the only people who go to jail for victim-less first-time "crimes".
The judicial system is a joke and it would be funny if it wasn't for so many black people penalized by it.

    Favorite    Flag as abusive Posted 04:16 PM on 08/20/2009

I'm black and thought he should have gotten more time for being STUPID!!!!!

    Favorite    Flag as abusive Posted 04:54 PM on 08/20/2009
- Jess27 I'm a Fan of Jess27 2 fans permalink

This article needs to corrected because he will be sentenced on September 22nd and the prosecution RECOMMENDS 2 years.

HE WAS NOT SENTENCED YET!!!!

Get your facts right!

    Favorite    Flag as abusive Posted 04:10 PM on 08/20/2009
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