Stallworth update
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Stallworth may get break on manslaughter charge
Cleveland Browns wide receiver Donte’ Stallworth(notes) could avoid a DUI manslaughter conviction from the March 14 accident that killed a Miami man even if he is found to have been impaired while driving, according to two NFL sources and two Florida-based attorneys.
Stallworth, who is scheduled to be arraigned Thursday, may still have to serve time in jail and reach a civil settlement with the family of Mario Reyes, who was killed when Stallworth hit him in the early morning hours of March 14. However, Stallworth’s jail time could be only a matter of two or three months rather than the possibility of up to 15 years in prison under state law, two NFL sources said this week. Beyond that, Stallworth could play this season, one of the sources said.
According to Florida’s DUI manslaughter law, there are exceptions under what is called “causation” of an accident. In short, someone who is driving drunk and causes an accident is not necessarily responsible if the other party did something to contribute to the accident. Florida statute 316.119 was changed in the 1980s to reflect that after a state Supreme Court judge ruled that the state’s previous strict liability standard on drunken drivers was essentially unfair.
The exception is based on the idea that if a drunken driver stopped at an intersection was hit by another car and the driver of the other car died, the drunken driver should not be held responsible.
“There are a number of issues in that case that may allow him to get off with regard to causation,” said attorney George Charnota, who has practiced law in South Florida for nine years and is a former prosecutor. Charnota is not involved in Stallworth’s case, but said the reports he has read about the case indicate the defense could use causation as an angle to aid Stallworth.
In this case, Reyes allegedly was jaywalking at the time he was hit and killed by Stallworth. If Reyes was jaywalking, it could be argued he contributed to the accident. In addition, Stallworth claimed to have flashed his lights and honked his horn at Reyes, which is being interpreted by Stallworth’s side as a way of warning Reyes to get out of the way.
“The state must first prove he was impaired, which from what I’ve read and heard could be a problem in this case, and then must prove that he caused the death,” said attorney Michael Cohen, who has practiced in Miami for 27 years and is not representing Stallworth.
Charnota reiterated that the alleged facts in this case create the likelihood that an argument over causation could be made.
“There’s absolutely an argument that would be made depending on how you read the situation. Obviously the fact can be looked at differently if you’re the prosecutor or the defense attorney,” Charnota said. “The prosecutor would likely argue that if Stallworth had enough time to flash his lights and honk, why didn’t he have time to brake? Likewise, the defense would argue how can you expect Stallworth to anticipate that [Reyes] would dart out in the street where there was no crosswalk.”
In short, Stallworth could face anything from a second-degree felony charge of DUI manslaughter to a second-degree misdemeanor charge of DUI
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Goodell's still going to suspend him for at least four games, and he's not going to do it until after Stallworth's case is resolved and/or his prison term ends. So I have a hard time seeing him playing this year.
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Another celebrity/athlete get a break
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Another celebrity/athlete get a break
Another celebrity/athlete get a break
Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law.
If everybody had like minds, we would never learn. -
Goodell's still going to suspend him for at least four games, and he's not going to do it until after Stallworth's case is resolved and/or his prison term ends. So I have a hard time seeing him playing this year.
Aloysius said:
Goodell's still going to suspend him for at least four games, and he's not going to do it until after Stallworth's case is resolved and/or his prison term ends. So I have a hard time seeing him playing this year.Agree. Seems like everything would have to break Stallworth's way for it to happen.
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Another celebrity/athlete get a break
Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law.
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Another celebrity/athlete get a break
Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law.
Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law.
But, an average citizen probably couldn't afford the lawyers necessary to get off
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I beleive its just a matter of legal procedings that have kept the Browns from outright letting this guy go. Its too bad he couldn't help us.
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But, an average citizen probably couldn't afford the lawyers necessary to get off
Everybody is afforded counsel.
This isn't such a obscure component of that states law that it would require a crack team of attorneys and clerks researching the dusty volumes.
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Even if he gets a break it really doesnt matter with the new guys we have aquired stallworth most likely wont be able to make the team...
We have been rebuilding since 1964, Why stop now? GO BROWNS! -
Even if he gets a break it really doesnt matter with the new guys we have aquired stallworth most likely wont be able to make the team...
Even if he gets a break it really doesnt matter with the new guys we have aquired stallworth most likely wont be able to make the team...
Hey, I hope the BEST for him, but I don't want him back HERE.
Like I said, if some idiot ran out in the middle of a 5-6 lane highway illeagaly and got creamed by any of you, ALL of you would have said "So what if I had a drink or two, the asshole shouldn't have been in the middle of a freakin HIGHWAY" in the back of your heads.
Lighten up on the guy.
If he hadn't had a drink he'd be off scott free right now.
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Even if he gets a break it really doesnt matter with the new guys we have aquired stallworth most likely wont be able to make the team...
Even if he gets a break it really doesnt matter with the new guys we have aquired stallworth most likely wont be able to make the team...
He could probably make it......but he may not be wanted at this point.
As Al said.....he probably still faces some form of sanction from the league office.
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Another celebrity/athlete get a break
Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law.
Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law.
Doesn't Stallworth have a history of law enforcement problems? If this is the case it would be unusual for a regular citizen to get treated with the kid gloves that they are obviously going to be treating Stallworth with.
I'm sure he'll also have a civil suit pending as well
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@shepwrite said:
When I heard the details...I like the he "flashed his lights and honked his horn" part. How 'bout using those brakes Donte?!
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@shepwrite said:
When I heard the details...I like the he "flashed his lights and honked his horn" part. How 'bout using those brakes Donte?!
I like the he "flashed his lights and honked his horn" part. How 'bout using those brakes Donte?!
You have never been driving a wide road and had somebody start to cross the road in a effort to time it so you go by and they can cross the street to beat all the traffic?
If the guy just darts out....sorry, you aren't expecting that....and from the photos I remember, he was stopped pretty close to where the guy was hit, so he probably was breaking...there was no where to go to the left, and with anti-skid breaks these days, you aren't going to leave a skid mark to indicate you are breaking.
It will all play out
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Calm down JAD...lol
I assume they are lawyers and don't say much about the case, leaving it for trial.
Also, I am not assuming anything. I am simply presenting some scenarios that are at least plausible and realistic.
Shoot, maybe Donte was playing Death Race 2000 and though a Mexican crossing the road was worth 50 points.
Point is I don't know what happened or how it played out, but it seems many are pretty eager to convict the guy without knowing what they are talking about.
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Stallworth will never play for the Browns again, it is time to put that officially to rest.
Is a pig's ass pork? -
Stallworth will never play for the Browns again, it is time to put that officially to rest.
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the fact that he's a high paid athlete I think he should have more to lose than just your normal every day guy. and I'd say the same thing if he was a politician, movie star ect.
You lose me there.
You don't have different levels of the law for different classes...though it seems many these days seem ready to rape and pillage anybody or anything that isn't getting federal assistance.
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Playing in the NFL is a privledge??????????? It's a damn job that a few talented people earn.... Privledge, I don't think so.....
T.Dawg
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