Plaxico to Jail
Posted by Brett Kincaid on August 20, 2009
Two years for the former NY Giants wide receiver. Someday people will learn that there is no benefit to bringing a handgun to the party.
Posted by Brett Kincaid on August 20, 2009
Two years for the former NY Giants wide receiver. Someday people will learn that there is no benefit to bringing a handgun to the party.
Maukavelli said
I’m confused by something. The attorney for Burress said that he was disappointed by the prison term but that b/c the NYC mayor and district attorney had publicly demanded a maximum sentence, there was little hope that the grand jury would consider the “unique facts of the case”.
Ummm . . . what are the unique facts? He had an unlicensed gun on his person in a public place. The gun discharged, and someone (Burress) was injured. NYC law was pretty clear on carrying an unlicensed gun in a public place. How is this unique? Because he’s an athlete?
I’m willing to hear an explanation and will recant if need be, but (with apologies to any present company), is it a wonder that people dislike lawyers so much? I’m not saying, I’m just saying . . .
Adam Butler said
My guess is that the “unique facts” are that Plax is a celebrity and has seen people he knows in similar situations get jacked for their money and their lives–doesn’t mean he isn’t guilty, just might go to what the appropriate punishment would be for him.
But, as a practical matter, what’s his attorney supposed to say? “Plaxico spent a lot of money to hire me thinking I would keep him out of the pen, his timing was bad, we got some unfortunate, high-placed, grandstanding PR which affected plea negotiations, and as a result, my guy is going to prison, costing him his liberty and millions of dollars while others with the same or similar charges have gotten probation”.
Maukavelli said
Hook, Line, Sinker …
Brett Kincaid said
I’d be curious to know that answer, too.
I have absolutely no sympathy for Plax. Carrying a handgun is a dangerous proposition in the first place. Carrying a weapon in the waistband of your pants at a crowded NYC club … the guy should just be thankful he’s alive.
The Manhattan DA has been putting people in jail for gun crimes for forty years. There is aboslutely no ambiguity.
Adam Butler said
“The Manhattan DA has been putting people in jail for gun crimes for forty years. There is aboslutely no ambiguity.”
Are you sure? Everyone that does what Burress did in NY either goes to trial and gets a Not Guilty (or hung jury) or goes to the Pen, and has for 40 years? I admit I haven’t researched New York law or followed the case very closely. This could be a crime for which probation is not an option. That said, such charges are routinely reduced to lesser charges as part of plea bargains.
Maukavelli said
To be fair, I have no idea what the Manhattan DA has been doing for 40 years, but I do think it’s true that in recent years, concealed weapons charges have resulted in jail time in NYC. Is it that way in other places? Probably not. So, your argument for Plax getting something that others may not get is fair. Brett’s point, though, is that you carry a gun, bad things happen.
Adam Butler said
Not so fast, my friend.
http://www.nydailynews.com/news/ny_crime/2008/12/06/2008-12-06_plaxico_burress_faces_tough_gun_laws_in_.html#ixzz0OkswdPR8
“Despite Bloomberg’s call for Burress to get the maximum, the team distraction should be encouraged by statistics showing most people charged with second-degree gun possession don’t get convicted of that crime.
In all five boroughs, most have the charges knocked down to less serious crimes or see them dismissed. If Burress pleads to the lesser charge of third-degree criminal possession of a weapon – the crime has no mandatory sentence – he could still do some time. Last year, 60% of the men and women convicted of third-degree possession served time, state officials said.”
Also from the article:
About 22% of Manhattan defendants get convicted on that charge, according to a News analysis of state Division of Criminal Justice data from 2003 to 2007. The conviction rate hovered around 10% in three other boroughs: 9% in Staten Island, 10% in the Bronx and 12% in Queens. Brooklyn had the lowest conviction rate at 7%.
Citywide, 11.4% of the 9,729 defendants charged with second-degree gun possession were actually convicted of that charge, which carries a mandatory 3-1/2 year sentence.
Maukavelli said
Well, let’s not let facts get in the way of the “truth” here. This must be some type of liberal blog, always using actual facts to back up their arguments. I prefer my opinion to be shaped by radio talk-show hosts, false internet messages, and poor logic, but that’s just me.
Adam Butler said
Does that mean I WON? I WON an internet argument???? No one ever wins internet arguments. Was that Hailey’s Comet that just went by my window?
AU Jed said
“…most people charged with second-degree gun possession don’t get convicted of that crime.”
“Most” people probably didn’t have the gun actually go off in a crowded night club and stike someone. Surely there was some reason why the 22% got convicted and the other 78% did not. Plax is one of the 22%.
Adam Butler said
I am not disputing that, Jed…just the assertion there is no variance at all in the outcome for people with that charge in Manhattan… Just not true.