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Asher Smith

Asher Smith

Posted: September 2, 2010 10:23 AM

Over in Baltimore, receiver Donte' Stallworth preps for a return from surgery on his fractured left foot. Injured in a preseason game over the weekend against the New York Giants, Stallworth is targeting late October for a return to the field.

On Tuesday, in New York, Plaxico Burress was informed that the Department of Correctional Services had denied yet another of his applications for work release. Incarcerated with a two year sentence stemming from an accidental firearm discharge in November 2008, Burress has little hope of returning to an NFL field until the 2011 season at the earliest.

In March 2009, Stallworth killed a pedestrian while driving drunk in Miami Beach. He served 24 days of a 30 day jail sentence. He was suspended one season without pay by NFL commissioner Roger Goodell, and was reinstated following the New Orleans Saints' victory in Super Bowl XLIV.

Stallworth killed a man; Burress committed a brazen act of criminal stupidity. The question is, does the latter truly merit 704 days more of incarceration than the former?

Again: Burress was foolish. He slipped a .40-caliber Glock pistol into the waistband of his sweatpants and strolled into a crowded club, bypassing security. Unsurprisingly, it accidentally discharged. To call him incredibly, stupendously, mind-numbingly, painfully foolish would not be an overstatement.

Incredibly foolish, that is, but not inconceivably so. Burress's mishap occurred less than a year after the senseless murder of Washington Redskins' star Sean Taylor underscored the extent to which all star athletes are targets. Just this past July, Bobcats guard Stephen Jackson's Charlotte home was robbed and his wife held at gunpoint.

Yet because Burress happened to commit his act of supreme stupidity within New York State -- worse, within New York City -- he received a two-year jail sentence for what would have been a slap on the wrist incident in the majority of the country. Mayor Michael Bloomberg, so clear-minded and empathetic in public discussions over the Park51 community center project, has been bewilderingly thickheaded and obstinate with his grandstanding this issue.

Burress, it should be remembered, has a wife, an infant son and a newborn daughter. These two years during which he is not drawing an NFL salary are also the first two years of his daughter's life, which he's experiencing only through jailhouse visits. When Burress emerges from prison, he will be 34 years old, ancient in football terms. His career will likely be over, his earning potential decreased hundredsfold for the rest of his life as he attempts to support his young family.

Were Burress to be made a free agent today, there's little doubt he could find work. The Minnesota Vikings recently signed former Packers castoff and Raiders big-money failure Javon Walker and expect him to play a significant role in their offense, compensating for injuries to stars Sidney Rice and Percy Harvin. The St. Louis Rams, who lost starter Donnie Avery to injury reserve earlier this month, will be starting some combination of Danny Amendola, Brandon Gibson and rookie Mardy Gilyard. Combined, this trio totals 77 NFL receptions. Burress, before his career was prematurely abbreviated, racked up 505 catches. The Rams have been rumored to be considering a trade for San Diego holdout and headcase Vincent Jackson; one would have to assume they would take a flyer on Burress.

Instead, he stews in jail, as Donte' Stallworth rehabs and prepares to retake the field for a championship contender. Burress is still a pariah, while Michael Vick, Stallworth and Leonard Little, the Rams defensive star who made two pro-bowls since his 1998 drunk driving-related manslaughter conviction, are allowed their fair shakes at second chances. Little, who was pulled over and failed three road sobriety tests in 2004, has played the bulk of his career on chance number three and is now contemplating retirement, his football dreams more than fulfilled.

Somehow, though, we are supposed to believe that Plaxico Burress's victimless act of negligence deserves a special circle of Hell. Somehow, we are supposed to believe that, regarding Burress, this all makes sense.

 
 
 
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lakat
Haiti lives.
04:54 PM on 09/09/2010
I am disgusted with NYC in their handling of this case. It really doesn't make any sense at all but seems in line with the way blacks are treated in the Big Apple. Not so appealing to me, this city.
11:52 PM on 09/06/2010
I'm confused. Is it Mr Smith's point that everyone convicted of discharging a firearm in a public place in N.Y. should get a lighter sentence or just Plaxico Burress? You could make a reasonable argument that the punishment is too severe for the crime if you are talking about everyone. It just isn't reasonable to suggest that celebrities, be they athletes. actors, or whatever, deserve lesser sentences than ordinary mortals for the same crime. I kind of like the idea of one set of laws applied equally to everyone.
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lakat
Haiti lives.
05:07 PM on 09/09/2010
I'm willing to agree with you that the law should be administered equally to anyone who commits this crime. But is there no discretion for the particulars of the situation? He is a well paid athlete, not a criminal who would no doubt continue his ways after this incident. I mean hopefully this guy won't be this stupid again to put a pistol in his SWEAT PANTS! Plaxico! I have two questions for him, why does a married man go to a club and why go to a club where you feel the need to carry a loaded weapon? But am I, as a citizen afraid of Plaxico Burress being on the street? No. A guy who has committed armed robbery on the street...yes.
10:57 PM on 09/06/2010
When comparing Burress with Stallworth, the injustice isn't that Burress will spend 704 more days in prison than Stallworth. The injustice is that Stallworth only served 23 days in jail. He drove drunk and killed a man, and he should have received a much tougher sentence.

Burress discharged an illegal gun in a public place. In New York City, they obviously take that sort of thing very seriously, and he has to pay the penalty for his stupid and criminal actions. Burress did all this to himself, and his family is not suffering because of the actions of Bloomberg. They're suffering thanks to the criminally stupid behavior of Burress.
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Shaneika Dabney
09:35 PM on 09/06/2010
I totally agree with this. the Burress sentence is total posturing.
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dbrett480
08:19 PM on 09/05/2010
Even though Buress injured himself, he had the potential for injuring others. Gun crimes need to be taken seriously in this country and if that means another rich athlete who made an incredibly stupid mistake spends time in prison then so be it.
11:49 AM on 09/06/2010
The author said "Burress, it should be remembered, has a wife, an infant son and a newborn daughter. These two years during which he is not drawing an NFL salary are also the first two years of his daughter's life, which he's experiencing only through jailhouse visits. "

yes, and if he had killed someone in the club, their relatives could enjoy graveside visits with their loved one. so, which is more important? that an idiot be locked up or a family being at a graveside?
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dbrett480
01:08 AM on 09/08/2010
Many criminals (even those convicted of murder) have families on the streets, does that mean we should release them so they should spend time with their families?
argved
Less socialism (for the wealthy)
04:15 PM on 09/05/2010
Burris got a raw deal, the punishment did not fit the crime. Bloomberg should be a mensh get in the Yom Kipper spirit, and help Burris get the work release.
02:45 PM on 09/05/2010
Stephen Jackson being robbed is a poor example.
He lives in a gated community.
Allegedly, he was separated from his wife.
Does not pass the litmus test upon further review.
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Kenyatta J Yamel
12:17 PM on 09/05/2010
Burress was stupid and reckless but he only injured himself. I think that probation and public service would have been a more appropriate type of sentence.
02:55 PM on 09/05/2010
That would mean that a drunk driver should not have to go to jail if he only crashes his own car. If you put other in people in danger, you should go to jail for it.

Burress put other people at risk with his behavior. Then he lied about his name and his whereabouts when the incident took place. Hospital personnel are legally required to report shootings to the police, but in this case, they didn't. I assume that was because Burress peeled a few Benjamins off his money clip in the ER.

Don't compare Burress' situation to Sean Taylor's. Taylor was attacked in his home. Burress left his home to go to a place where he thought he would need a gun. That suggests that he went out looking for trouble.

I do agree that Burress has served plenty of time and should be home by now. Hopefully, he will never endanger other people's safety again. I also agree that Stalworth got off way too easy. A man's life is worth more than a few days in jail.
argved
Less socialism (for the wealthy)
04:25 PM on 09/05/2010
Typically first offence drunk driving involves minimal mandatory jail time in California only 48 hours so yes the sentence was more a little excessive.
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Kenyatta J Yamel
05:26 PM on 09/05/2010
I did not compare Burress to anyone else. i don't know who this person Sean Taylor is. i remember that several years ago the Green Bay Packers signed a wide receiver who had committed an infraction, possibly with alcohol, and the team welcomed him. he served a suspension and returned and with support from his teammates was able to continue his career. i think he's retired now. but the point was that he got a second chance. i know about Burress because I am a fan of the New York Giants for whom he starred in the Super Bowl. I think he also starred with Pittsburgh's Super Bowl champs. I remember that he was considered a problem player when he went to the Giants. I would have preferred for him to be talking with young players about keeping out of trouble and avoiding the mistakes that he made. So that was why I responded the way that I did. I don't always think that prison is the proper response to a situation where the criminal justice system is considered an option.
11:54 AM on 09/05/2010
And what about Ben Roethlisberger? Acts of sexual violence against women are okay but being stupid and shoot youself the state just throws away the jail key? Even when it's pretty well known that athletes and their are being targeted for robbery and burlary.
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11:40 AM on 09/05/2010
Stallworth killed a man; Burress committed a brazen act of criminal stupidity. The question is, does the latter truly merit 704 days more of incarceration than the former?
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You leave a hell of alot of facts out of the discussion, dont you? Such as Stallworth cooperated fully, didnt run and hide, pled guilty, the vitcim's family pleaded for lenency and a few other things.

Where as Plax, whom had a gun license in other states but let it laspe, knowingly carried a gun w/o one, so he had no excuse, further tried to hid evidence and more then a few other things.

Try using all the facts next time. It wasnt just "foolish". Foolish is leaving the door unlocked and open when you leave so you can be robbed. What he did was criminally neglegent and he had ZERO excuse in the matter given that he knew he needed a license and knew it was wrong to carry without it and knew it was absolutely wrong to cover it up and try and hide the gun.

Now having said all that, I think his sentence was a bit excessive, excusive of Stallworth's actions. But thats Bllomburg and guns for you.
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ruolivert
04:19 PM on 09/05/2010
Stalworth had over twice the legal limit in his system before he made the decision to drive. That is the only fact that matters in this situation. He's just a guilty as Burress and deserves to be in jail as we speak. True he got in front of it and admitted guilt but that doesn't absolve him, nor does the fact that he paid off the family to get them to back off. He, in my opinion, is the worst offender because had Burris just registered his guns he'd be a free man right now
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Frank Bourne
The truth hurts.
10:16 AM on 09/05/2010
>>"Somehow, though, we are supposed to believe that Plaxico Burress's victimless act of negligence deserves a special circle of Hell."

Gun crimes do in fact deserve their own "special circle of Hell." Idiots like Burress reinforce a violent gun culture without thinking twice about it. That New York City has shown no mercy on one of their greatest Superbowl heroes is commendable.

Don't carry a pistol if your not permitted to do so. It's as simple as that!
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10:14 PM on 09/04/2010
I thought it was overly punitive for Plax to be imprisoned for shooting himself. Bloomberg seems like he had an axe to grind and he did. Boot Bloomberg!! The king in his own mind.
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02:15 AM on 09/05/2010
Well, then it's good he was imprisoned for bringing an unregistered concealed weapon from out of state into NYC ... not for shooting himself.

Shooting himself just made it REAL easy to prove the crime he was imprisoned for.
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02:23 AM on 09/05/2010
You sound like a tea crackpot. He has every right to shoot himself as long as he doesn't shoot anyone else. You sound stoooopid.
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jcwtts1
Elections have consequences
06:27 PM on 09/04/2010
Look, you can't group everyone and every case into the same pile. For example, Stallworth was ruled an accident, why? Because the victim staggered out in the street. Experts concluded that whether he was sober or not his car would have still hit the victim. Do I have that right? So the circumstances are important. Second, you don't lose you job for dui in most cases, the difference between driving sober and driving over the limit could be as little as 20 minutes, or two or three sips of alcohol. To compare that to a guy who came to a club (his new born should have been foremost in his mind instead of club hopping since your bring it up.) with a loaded, cocked unsafteyed hand gun. It is all fun and games until he drops it and kills someone. You do not get to carry concealed in NY. Or a lot of states. Burris gets no sympathy. Vick killed dogs. Not a great thing to do but he killed dogs. Keep him out of the convo
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ruolivert
07:07 PM on 09/04/2010
Don't try to absolve Stalworth. Had was twice the legal limit so were not talking a few sips. He should have never been in the driver seat in the first place. He should have called a friend or a taxi or done anything else besides get into his car when he did and because he didn't make the right decision a man is dead. Yeah the man jay walked in front of his car but if Donte does the right thing it doesn't matter. Now compare that to Plaxico whose crime lets remember was not registering his gun. Bringing a gun into a club may be stupid and possibly dangerous but if he fills out his paper work this is an entirely different story.
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jcwtts1
Elections have consequences
10:21 AM on 09/05/2010
My understanding of the case is that Stallworth's drinking had nothing to do wit the accident. the other person, who was drunk, walked out int the middle of the street. It wasn't Stallworth's fault. drunk or not he would have hit the guy. That isn't me trying to absolve him that is what a judge found and why he didn't do any time. Plaxico discharged a firearm in a packed club, carried concealed and further had an unregistered weapon. All things that are insane. All things that aren't accidents. Don't carry without a permit, don't buy unregistered weapons, don't lose control of the gun and have it go off. Why is there bullet in the chamber? Why is there no safety on the gun? Don't give Plaxico a pass just because he's famous.
02:37 PM on 09/04/2010
A crime involving a gun will always receive a stiffer sentence than a crime involving a car especially if it's a activist type judge who is a fan of gun control
12:48 PM on 09/04/2010
Comparing sentences is a chase-your-tail exercise in futility. Furthermore, because Stallworth is out and playing doesn't mean the law should be rewritten to excuse Burress.

He knew what the law was and ignored it. As a multi-millionaire he could hire security with permit firearms. He chose to play gansta and could have just as easily shot a bystander in the head as his own thigh.

There are genuinely innocent people in prisons across the country, and you take up the cause of a over-indulged professional athlete who thinks the laws don't apply to him.

Thank you for your valuable service.