I was a road construction foreman for quite a few years and I can tell you it's easy to get too used to trusting vehicles in construction zones. We work inside traffic zones and know not to venture out of them without being extremely careful, but most of them are only coned off. Inside the zones is all ours. Even though drivers are supposed to be cognizant and careful while driving by zones it's never assumed they are, especially at night. As a matter of fact, we paved the Shoreway up in Cleveland at night and it is very similar to the highway this accident occurred.

What Mario did was very negligent because he certainly wasn't being very careful about being outside the "Zone/crosswalk". If he was, he flat out wouldn't have gotten hit. You get hit when someone passes out at the wheel or something and veers off the road, that's a real negligent manslaughter event.

Stallworth was guilty of being over the limit for a tragic accident that would have been avoided if the man adhered to basic pedestrian principles on a dangerous six lane highway. However, Donte put himself in the position by being irresponsible, especially with prior substance abuse issues. I think justice was served for the most part. I don't see any good that comes from crucifying Stallworth, he will bear this the rest of his life and his NFL career could conceivably be over.

@lemosley01 said:

*If* there was a car he went around, it was either slowing for a yellow or slowing because it saw the pedestrian in the road. The whole 'car he went around' was a statement by a witness, so who knows.

But how could that give him enough time to flash? That would mean that the pedestrian would have to have been a decent distance away - in which case the car in front of him wouldn't have been slowing ... we need to see that video!

@the-amber said:

Just my personal experience. However irrational it may be, it seems less problematic to be jaywalking near a crosswalk, probably for both legal (it's okay just a few steps away, why not here?) and safety (drivers are used to yielding around here) reasons.

@nebbrownsfan said:

Alo, even if he was in the crosswalk, it would still seem that he was crossing against the light, which is still negligent on Mario's part.

You're probably right. And I can understand why people here think Stallworth wouldn't have been charged if he'd been sober.

When I posted something about Stallworth in another thread, it was more about his ethical responsibility than his legal guilt. I assume he received a full course of drug & alcohol counseling while in the league substance abuse program, which makes his putting himself in a situation where his drunkenness might have caused a fatality all the more damning.

So while the 30 day sentence doesn't make me feel outraged, the following excitement about him maybe donning a Browns uniform again kind of disappointed me. I'm glad Goodell took that possibility away, though I doubt Mangini would have had much interest anyway.

@the-amber said:

I assume, when they say he went around a car to beat the light, the car in front was slowing down, and he changed to the left lane - that would give him enough time to flash lights.

*If* there was a car he went around, it was either slowing for a yellow or slowing because it saw the pedestrian in the road. The whole 'car he went around' was a statement by a witness, so who knows.

Aloysius said:

At this point, a source talking about a recording of the incident can say whatever he or she wants without fear of being caught in a lie. If a tape exists, it's probably buried in an evidence locker somewhere, and Stallworth's settlement with the family means that it won't ever be dug up in a civil suit.

And if there actually is a crosswalk there, it doesn't speak too well of Stallworth that someone's spreading lies about the incident in order to make him appear less culpable.

Alo, even if he was in the crosswalk, it would still seem that he was crossing against the light, which is still negligent on Mario's part.

@lemosley01 said:

If the police thought he was blameless and the judge thought he was blameless they wouldn't have charged him with DUI Manslaughter.

Consider that Stallworth pled GUILTY and paid the victim's family. He KNOWS he xxxxed up and that he was partially responsible. If he thought he had no fault, he would have defended himself against it. Florida law has such an exception.

In fact, in light of the video, it would prove if the victim 'jumped' in front of him. I'm sure his lawyers would be ALL over that.

I've never ONCE said the victim is blameless - had he not crossed the street - in or out of the crosswalk - he wouldn't have been hit.

As a pedestrian you still have to look out for cars, because dead is dead whether you were 'right' or 'wrong'. BUT, it is a two way street. As the driver of a vehicle, it is of PARAMOUNT importance that you are aware of pedestrians and don't 'assume' they see you or will move. Flashing your lights at someone and honking when you see them but NOT stopping/slowing down is at best negligent.

Also consider that Stallworth was said to have gone around someone to beat a red light - this pedestrian, while he was jaywalking may have never even saw Stallworth's car bearing down on him.

The video will be very interesting, if it is ever released.

Apology accepted Lem....I know you're a good guy and that's why I was surprised by the comment...lol

As for Donte being charged with manslaughter, no matter who was at fault, even if the video shows what it purports to show, Donte was over the limit, and someone died. I really didn't think he would escape that charge at that point.

I also read that he was going around a vehicle to beat the light. So you have to assume he was accelerating and watching the light so that he didn't even really have a chance to slow down/stop. If Reyes did in fact step into Donte's path you also have to assume that he did not see Donte, flashing lights or not. It really does seem like it was one of those bang/bang situations that lead to an unfortunate accident where all the events were stacked against a better outcome.....time of day, alchohol, Reyes being tired, going against the light it seems, etc etc. You use the term negligent, and in this case I think both parties were exactly that.

Aloysius said:

I didn't know walking near a crosswalk would make someone feel more safe about jaywalking. You're either using a crosswalk or you're not...

@shepwrite said:

Absent confirmation of any kind (though Lem seems to have some), I'm much more inclined to believe the police officer than Florio's anonymous source.

At this point, a source talking about a recording of the incident can say whatever he or she wants without fear of being caught in a lie. If a tape exists, it's probably buried in an evidence locker somewhere, and Stallworth's settlement with the family means that it won't ever be dug up in a civil suit.

And if there actually is a crosswalk there, it doesn't speak too well of Stallworth that someone's spreading lies about the incident in order to make him appear less culpable.

@shepwrite said:

Are there crosswalks on major causeways? I would think there would have to be a light. That's kind of like a crosswalk on a highway. Color me a bit confused, I guess.

Yes, there are on this causeway, along with stoplighs. You can see it from an aerial view in google. And the police reports also have the crosswalk in them. You can also see where the bus stops are. I don't know what the speed limit is on that road, but in that section I'll bet it's no more than 45 mph given the stop lights and crosswalks in the area.

If you go to google maps and zoom in on Miami beach, the causeway is on the south side, and where the accident occured is where terminal island dumps out onto the causeway (from space, you can see ships and cranes, so that is where he would have been working).

I'm with you that had Stallworth NOT been drinking he may not have been charged with anything. However, the state takes the view that the alcohol contributed to his poor decision-making, lack of awareness, and/or reaction times turning what could have been an avoidable accident where someone gets scared and yelled at into a fatality.

@nebbrownsfan said:

<cut some shit that doesn't really do anything but probably piss you off>. Yeah, my apologies, I was being a dick.

If the police thought he was blameless and the judge thought he was blameless they wouldn't have charged him with DUI Manslaughter.

Consider that Stallworth pled GUILTY and paid the victim's family. He KNOWS he xxxxed up and that he was partially responsible. If he thought he had no fault, he would have defended himself against it. Florida law has such an exception.

In fact, in light of the video, it would prove if the victim 'jumped' in front of him. I'm sure his lawyers would be ALL over that.

I've never ONCE said the victim is blameless - had he not crossed the street - in or out of the crosswalk - he wouldn't have been hit.

As a pedestrian you still have to look out for cars, because dead is dead whether you were 'right' or 'wrong'. BUT, it is a two way street. As the driver of a vehicle, it is of PARAMOUNT importance that you are aware of pedestrians and don't 'assume' they see you or will move. Flashing your lights at someone and honking when you see them but NOT stopping/slowing down is at best negligent.

Also consider that Stallworth was said to have gone around someone to beat a red light - this pedestrian, while he was jaywalking may have never even saw Stallworth's car bearing down on him.

The video will be very interesting, if it is ever released.

@shepwrite said:

Posted by Mike Florio on June 22, 2009, 1:34 p.m.

A source with knowledge of the March 14 collision between Brown receiver Donte’ Stallworth’s vehicle and 59-year-old Mario Reyes tells us that a video of the accident exists.

Per the source, the footage was shot by a nearby surveillance camera that monitors the gates to Reyes’ workplace.

We’re told that the video shows Reyes walking into the highway in an area that does not contain a crosswalk, and ultimately walking directly into the path of Stallworth’s Bentley.

Unless I'm misreading it, the police report Lem linked to includes a diagram that has the victim crossing near an existing crosswalk. That makes his jaywalking much more understandable; when any incoming cars have to pass through a crosswalk before reaching you, you may be a little less likely to be concerned about your safety. Also, it explains why alcohol and sleep deprivation very well may have been what turned this into a fatal accident.

So I'm not sure what to make of Florio's report.

@lemosley01 said:

search results:

Effort required

4th link down.

http://cbs4.com/sports/donte.stallworth.ch...s.2.973191.html

Warrant is linked at the top of that article:

http://static.cbslocal.com/station/wfor/fi...restwarrant.pdf

That also says it's the police report linked, but it isn't.

Here is the report:

http://www.fox8.com/extras/wjw/miscfiles/DOC151.PDF

Let me add, that the guy was clearly breaking the law by jaywalking. He could have crossed in the crosswalk, and maybe Donte would have seen him and stopped. I was replying to the post that made it out as if Stallworth was blameless and this guy as like a cat the just 'ran out in front of the car'. That isn't how it happened.

Lem, you've been trying to make it out like this guy was doing nothing wrong and that Donte was completely at fault. As for the effort comment, FU dude. You are the one claiming what actions the vic took prior to the accident, and I requested that you back it up. Hate to tell you, nothing in there states what the vic did. It doesn't say whether he was in Donte's lane when the car got to that point, or whether he stepped into the lane at the last second. It seems to me from reading it that the vic did not see Donte and kept walking, and Donte was most likely assuming the guy saw him and would wait til he passed. But overall it seems to be 2 people doing illegal things and 1 ended up dead. I'm in no way exonerating Donte, but you need to stop coming off like you knew exactly what the vic was doing (what lane he was in, etc) at the moment right before and at impact.

@lemosley01 said:

More likely he didn't see him as he was crossing - that or he was panicked when the car was bearing down on him and bolted. I could see that happening.

If that is the case, the video should be available as public record, I would think.

I would think this would be required to be admitted as evidence.....

Something seems fishy for NO news of this video to be posted until after the sentence...

AdaM said:

People who have seen the footage say this may lead to stallworths sentence being shortened and possibly lifting / shortening the suspension from the NFL.

Might he have walked into Stallworths lane intentionally?

Which sentence - the NFL's or the criminal sentence?

More likely he didn't see him as he was crossing - that or he was panicked when the car was bearing down on him and bolted. I could see that happening.

If that is the case, the video should be available as public record, I would think.

@hammertime said:

Is this a actual fact or is there something to back it up?

Depends on the source. Don't hear a lot from Jim Brown on this stuff, so maybe he trusts the source.

People who have seen the footage say this may lead to stallworths sentence being shortened and possibly lifting / shortening the suspension from the NFL.

Might he have walked into Stallworths lane intentionally?

@nebbrownsfan said:

You could have done the search yourself. Since that requies...'effort', I'll link it for you. It appears you think I'm just bullshitting you.

search results:

Effort required

4th link down.

http://cbs4.com/sports/donte.stallworth.ch...s.2.973191.html

Warrant is linked at the top of that article:

http://static.cbslocal.com/station/wfor/fi...restwarrant.pdf

That also says it's the police report linked, but it isn't.

Here is the report:

http://www.fox8.com/extras/wjw/miscfiles/DOC151.PDF

Let me add, that the guy was clearly breaking the law by jaywalking. He could have crossed in the crosswalk, and maybe Donte would have seen him and stopped. I was replying to the post that made it out as if Stallworth was blameless and this guy as like a cat the just 'ran out in front of the car'. That isn't how it happened.

Is this a actual fact or is there something to back it up?

mikeyP72 said:

Which brings me to my next point... If he was coked out all night why would he be smoking marijuana. Secondly, he could of very well been leaving the scene of a late night booty call.

All things aside, it's irrelevant he was well over the legal limit and killed a man, he got his sentence and his suspension which the entirety is still looming. We have a decent WR core being built.

I think all parties will walk away from this in the end getting what they want. Donte doesnt spend 15 years in prison and we dont have to pay him anymore to be injured.

Done and done?

To come down so he can drive? Obviously there is no proof, just a gut feeling.

I agree with the later though.

mikeyP72 said:

Im not huge on drugs but that doesnt make too much sense

It didn't say he was high at the time, just that he had THC in his system. THC stays in the system for 30 days minimum, Coke 3 days at the maximum. A athlete with 6-10% body fat like Stallworth could be even less then the minimums.