After yesterday’s sentencing of Plaxico Burress to two years in prison, it seems like you couldn’t turn around without hearing another person wailing, “Donte Stallworth gets 26 days for killing a man and Plaxico gets two years for shooting himself? Where’s the justice! I thought this was America!”
Okay. Back the truck up here. Stallworth and Burress’ cases have f–k-all to do with each other outside of the fact that both are in the NFL and they got sentenced in the same year. So let’s dispense with the flimsy comparisons of a DUI and a gun charge. And let’s also make one thing clear: Plaxico didn’t get two years for shooting himself.
No, the major factor in Burress’ lengthy jail sentence is the fact that he chose to carry a concealed weapon, one that he wasn’t licensed to carry in New York or New Jersey. Sorry, but that’s a major problem. Moreover, he chose to do it in New York City, which has some of the strictest gun laws in the nation. You can imagine how fun that city would be without them.
Further, he didn’t have it sitting in a dresser drawer by his bed; he was carrying it as a concealed weapon. Guess what: he wasn’t licensed to do that either. His last license to do that (in Florida, which our maps tell us is not part of New York) had expired by the time the incident took place. That would also be a major problem–again, especially in New York City.
In fact, the most surprising fact of the Plaxico case isn’t that he got 2 years, it’s that he was offered a 3 month plea bargain to begin with a few months ago and that Antonio Pierce wasn’t punished for taking a gun across state lines. If anything, the judicial system tried, in multiple instances, to take it easy on Burress.
It’s absolutely infuriating to see so many mainstream media misrepresent the nature of Plaxico’s main offense here. Shooting yourself in the leg, of course, isn’t a crime that warrants two years in prison. So when that’s what Plaxico got, the natural reaction is to say he was made an example of, which is the wrong first reaction to have. The real question one should ask is “well, what makes Plaxico’s case so different and worse that it warrants a multiple-year sentence?” The answer, then, is that he did it with a gun he shouldn’t have been carrying PERIOD, much less concealed, loaded, and unlocked on his person in the middle of a city that drops spiked anvils of fire and punition on gun crimes.
And look. Two years in the joint is going to be rough, even though he’s probably going to be treated like the All-Star he is by his fellow inmates (seriously, do you actually think someone’s going to make a bitch out of Plaxico and not the other way around?). It’s especially bad because though he made a series of mistakes, none of them were with malicious intent, which makes the sentence look pretty rough.
But as Plaxico (accidentally) perfectly demonstrated, guns are incredibly dangerous weapons that - ideally - nobody would ever take out of their houses. They’re not to be trifled with, and they’re definitely not to be treated the way Plaxico treated his. Now, unfortunately, he’s going to have to deal with the consequences for the next two years instead of playing ball.
12:43 pm on August 21st, 2009
Never heard of an offer of 203mths,,,thats BS!!!! When the Govenor speaks out against every criminal possesion of concealed firearm convict then thats equal justice……When the Govr makes a special case out of celebrity,,,,thats wrong!!!!! And look up comparisons of other cases in NY and other cases of DUI Manslaughter, 2nd degree felony and you will be baffled by the variation in sentences
12:48 pm on August 21st, 2009
Sorry, Greg, I should have added the link earlier - it’s in the story now - but back in May, Plaxico was offered 3 months and he said no:
http://www.nj.com/giants/index.ssf/2009/05/report_new_york_giants_burress_2.html
12:50 pm on August 21st, 2009
Adam - good job dissecting Plax’s case but you failed miserably to do the same with Stallworth. Somehow you managed to reduce his crimes to a minimal DUI. Stallworth’s crime was not simply a “DUI” as you put it - he killed someone WHILE DUI! Why do you overlook that when all people are saying is he did not get the sentence he deserved in comparison to Burress.
You mention how dangerous guns are (rightly so) and that “ideally” people would not misuse them and take them out of the home. Not the same for DUI? Just as dangerous, just as illegal as Burress’ crimes and both are capable of similar results.
As far as Stallworth goes about the only thing you got right was that the cases have nothing to do with each other - THAT seperation is America. But you miserably overlook the seriousness of Stallworth’s actions and the ridiculous “sentence” he received.
You might want to take an honest look at both cases yourself before you get up on that box and yell at everyone else for not doing it. If I missed a previous rant you made about Stallworth’s sentence then you may want to edit this article to include some comments about him as well since it appears (by reading this article alone) that you consider his only fault to be a DUI.
12:53 pm on August 21st, 2009
I though Plaxico got two years for looking like Aaron hall from Guy.
plus if he would have done what he did in 31 other states he wouldnt be going to jail, NY has harsh penalties for gun charges
12:58 pm on August 21st, 2009
Sorry, confused, I was focusing on Plaxico for this article.
Despite the wording of the article, the nature of Stallworth’s deadly DUI and subsequent sentence are, to say the least, surprising and ghastly. I haven’t studied the case enough to really merit a post defending or disagreeing with the sentence. Suffice it to say, there’s a LOT that’s wrong with killing a man while driving drunk, but Stallworth wouldn’t have gotten that sentence without some precedent. Maybe that’s a topic for a different slow news day.
1:22 pm on August 21st, 2009
Called it exactly the way it is. My understanding is that these athletes (NFL players) are specifically and repeated warned about the strict gun laws in New York City and despite these warnings this guy had to be cool and carry a gun. By carrying the gun, he created a danger to himself and to others and only by luck did he not kill himself or someone else. Your right, Joe Blow off the street wouldn’t have gotten a break on the sentence so why should an athlete? Just because he helped win a Super Bowl doesn’t change the fact he violated the law.
2:03 pm on August 21st, 2009
My suspicion is that many of the people blathering on about the differences in NY and FL laws/sentencing guidelines are also kneejerk supporters of states’ rights.
2:47 pm on August 21st, 2009
i’m tired of hearing Stallworth only got 26 days. he got 30 days (minus time served) he got 2 yeas hosue arrest his license suspended for LIFE and a couplethosuand hous comunity service. You knwo why his sentence was this? because he didnt run, he didnt blame soemone else he didnt flee the schene, he didnt ask a teamamte to hide the evidence. oh yeah and it was determined thatteh victim RAN IN FRONT OF HIS CAR, but because he was legally drunk you are at fault. guess what. if teh car was in park, with teh keys in the ignitions on the side of the highway and he was drunk and a motercyclists rearends his car and flies 50 feet to his death. its dui manslaughter. see Donte made a teribel msitake that cost a man his life, but he imediatley called the police, volenteered to take a breathalized and took FULL ESPONSIBILITY. he didnt layer up. He didnt hide from it. he showed accountability and repentence. neiteh rof wich plaxico did. neithe rof wich mike vick did. so stop withteh bullshit 26 days lazy crap that sports talk morons spew without knowing the FACTS. too bad for PLAX but he screwed himself and thats teh LAW. he got off easy. oh and mayor bloomberg is not the govener of NY moron. hes the mayor of NY city.
2:49 pm on August 21st, 2009
sorry for the typos. i dont proofread.
3:06 pm on August 21st, 2009
No prob Thrillomania I just though 1/4 in your rant you had a stroke
4:41 pm on August 21st, 2009
I totally agree here. Stallworth was able to pay off the family of the victim and get a month, Plax with 0 priors isn’t even given a real plea deal to get this done quickly.
5:10 pm on August 21st, 2009
Stallworth killed a guy. I don’t see why there is any debate here.
As for Plaxico, I carry my gun illegally in my car in Illinois every single day. I do so to protect myself. Especially in the communistic enviornment provided by The State of Illinois which makes it an unarmed heaven for criminals who do not respect the law.
We shouldn’t give too much credence to the “gummint” and their laws. If the government passes a law declaring it illegal to breathe, will we all hold our breath and suffocate?
5:18 pm on August 21st, 2009
Yes he killed a guy, but he would have killed him no matter if he was drunk or not. No way the prosecution could have proven that he killed the guy because he was drunk beyond a reasonable doubt. That’s why they were glad to make him a deal. From the lawyers I know who have looked at the evidence, Stallworth could just have easily walked if it goes to trial, but instead he nut-ed up.
10:17 pm on August 21st, 2009
Plax doing time for “attempted possession of a weapon” is as ridiculous as someone being imprisoned for “attempted possession of a printing press”.
The real question is why clearly unconstitutional gun laws haven’t been struck down and freedom restored to the good people of New York.
The right of the people to keep and bear arms shall not be infringed.
Plax does have the right to keep and bear arms, even if that is in his sweatpants at an Applebees.
However, he is obligated to be responsible for his misconduct, which in this case was allowing his pistol to go off , which might have hit somebody else.
Plax should be doing time for unlawful discharge of a weapon, and reckless endangerment.
Stay free America!
Cowboy Wally