Browns WR Stallworth hits, kills Fla. pedestrian
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I am not an attorney in Florida, but from what I've read, there have been similar cases in Florida where jaywalking has been involved and the defendants have gotten off easy like Donte.
And I agree that the Judge failed. Here's to hoping the Commish and Cleveland Browns will now step up and penalize him further.
PS, Leonard Little (also convicted of DUI involuntary manslaughter) got suspended by the previous administration (Tagliabue) for only 6 games!
You realize you basically said that jaywalking trumps DUI manslaughter...??!! I was very surprised when the lawyer stated that most DUI laws are basically the same in just about every state.
Personally, this verdict did just that....jaywalking trumped DUI.
My point is your statement....you think Florida is partially at fault because of the laws it has in the books. Stallworth's lawyers stated that the laws here in Florida are a carbon copy to ALOT of other states.
...THAT is my point.
My wife's ex was killed by a drunk driver while jaywalking. Jury denied the wrongful death claim because they said the fault was over 50% his.
The jaywalking is why it was DUI Manslaughter and not Vehicular Homicide, which could have gotten him 15 years.
Both parties were at fault in the accident.
Both parties were at fault in the accident.
I do not know the specifics of the case....so I cannot comment. There could have been different circumstances there. Not ALL DUIs are exactly alike.
BUT, if I am not mistaken, wasn't he suspended indefinately like Stallworth....but then admitted back in after applying for re-instatement?
If Stallworth was still a Patriot, or even worse a Steeler. I could see certain people on this board clamoring for the death penalty. But, because he is a Brown excuses are offered up.
Eh, I don't care what team he is on. Fault for the incident was shared, that's why it was DUI manslaughter and not some version of murder, all there is to it.
He should be gone for more than a year from the season though IMO unless he can trim his punishment down to less than a year. That won't happen though, he'll have his home confinement for 2, not sure that can be shortened for good behavior or anything.
If the Browns cut him right now, they have to eat a 7.6 million dollar cap hit. If he's suspended for the season he goes on their reserve list, they dont pay his salary, and he can be released next year.
He should be gone for more than a year from the season though IMO unless he can trim his punishment down to less than a year. That won't happen though, he'll have his home confinement for 2, not sure that can be shortened for good behavior or anything.
If the Browns cut him right now, they have to eat a 7.6 million dollar cap hit. If he's suspended for the season he goes on their reserve list, they dont pay his salary, and he can be released next year.
Gotcha. I wasn't being fair with the state of Florida. It's the prosecutor and especially the judge that I have a problem with (and I realize these types exist in every jurisdiction). Stallworth was lucky to get a pushover judge.
BTW, that lawyer was spewing sugar-coated sh*t for most of the interview so he can rest easier at night.
Jim Brown says Marijuana was involved in the accident, Stallworth's lawyer said the family is dealing with it, and Brown should STFU (without denying it).
:up:up:up
The next day, according to LeBatard.....the lawyers office phone has been ringing off the hook.
I think the jaywalking thing is total BS! So instead of a crosswalk....he crossed somewhere else....he is partially to blame??!!
I am willing to bet 1 years pay that if that guys crosses at the crosswalk....Stallworth STILL flashes his lights.....STILL does not slow down or stops and STILL runs that poor man over and kills him.
I am willing to bet 1 years pay that if that guys crosses at the crosswalk....Stallworth STILL flashes his lights.....STILL does not slow down or stops and STILL runs that poor man over and kills him.
I don't think anyone here is defending Stallworth. No one is claiming that what happened here with the jaywalking is an excuse either. Personally, I don't agree with the penalty at all. Stallworth should've been punished much more severely. I think some of us are just showing how the prosecution and defending lawyers found a loophole on how to rule on the case, that's all.
The accident happened near a crosswalk, the pedestrian wasn't in it, so yes he shares fault, and that mitigates both the charge and the sentence Stallworth receives.
If someone drives up onto the sidewalk and kills someone it's their fault, because it's close to the road doesn't make it OK to be driven on. Same thing for the pedestrian, he put himself in a situation to cause the accident. If Stallworth would not have been intoxicated he would have been 100% free and clear. If the pedestrian would have been in a crosswalk without a stop light or sign or whatever, he would have had the right of way and Stallworth would have been 100% at fault.
BUT if he is NOT drunk.....he does not hit him. His response/ability to make a decision TO STOP was impared.....therefore TO ME, whether he was jaywalking or not, means he would have NOT STOP ANYWAY because he was MORE than twice the legal limt......he would have never stop.
Jaywalker shares fault, no matter what. We don't know if he'd have hit him if he wasn't impaired, but if he was not impaired and hit him, he would not have faced any charges, he wouldn't have done anything wrong unless there was some failure to use due care or whatever the vague catch all charge is, is provable (leading to other charges possibly).
He also wasn't 2x over the legal limit of .08, he was at .126... which is 50% over.
Not going to debate the ifs and buts, but the legal part is black and white here. He was charged and sentenced the way he was because he shared fault in the accident.
He also wasn't 2x over the legal limit of .08, he was at .126... which is 50% over.
Not going to debate the ifs and buts, but the legal part is black and white here. He was charged and sentenced the way he was because he shared fault in the accident.
IF you read my statement, it had nothing to do with the legal part of this. Because laws and judge can spin them to how they like it in anyway, shape or form. He was well over the limit, drunk enough to make a decision to flash lights instead of stopping.
And according to his lawyer....it had MORE to do with with his and the family of the victims' cooperation to end this as soon as possible....not with the law. The audio was linked for all to hear.
That was to get around the technicality they were using to avoid mandatory jail time for that particular charge. By pleading guilty and not being convicted he can server whatever sentence is determined. With the family settled, there won't be a challenge to the verdict civilly, which could lead to him being 'convicted' of the same crime, which would lead to a very specific mandatory sentence.
So to recap... he's intoxicated, hit a guy outside of a crosswalk, shared fault.
Not intoxicated, hit a guy outside of a crosswalk, pedestrian 100% at fault, no charges would have been filed.
Everything else can be debated, like your "BUT if he is NOT drunk.....he does not hit him" - we just don't know that.
I think everything played out as it should have for this... just because he is financially (in theory) sound or a celebrity/athlete doesn't mean he should get a worse sentence, if one of us would have had to pay out 5 grand + settlement with family + lose license + community service and jail time in addition to losing potentially millions on the job it would be pretty devastating.
I'd type more, but i did so too fast and pulled my hammy.
So to recap... he's intoxicated, hit a guy outside of a crosswalk, shared fault.
Not intoxicated, hit a guy outside of a crosswalk, pedestrian 100% at fault, no charges would have been filed.
Everything else can be debated, like your "BUT if he is NOT drunk.....he does not hit him" - we just don't know that.
I think everything played out as it should have for this... just because he is financially (in theory) sound or a celebrity/athlete doesn't mean he should get a worse sentence, if one of us would have had to pay out 5 grand + settlement with family + lose license + community service and jail time in addition to losing potentially millions on the job it would be pretty devastating.
I'd type more, but i did so too fast and pulled my hammy.
Reports today that a surveillance video exists that recorded the accident and that could have helped steer this whole thing toward the plea deal.
ProFootballTalk.com - Video Exists Of Stallworth Accident
ProFootballTalk.com - Video Exists Of Stallworth Accident
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