DawgTalkers.net Forums DawgTalk Tailgate Forum Stallworth to be charged with DUI Manslaughter

Many are open til 4am in Lauderdale and Miami, and bottle clubs are open til 7 or 8 am. Not to mention he may have partied at someones house after the clubs.

http://www.cleveland.com/browns/index.ssf/2009/04/stallworth_profile.html

Cleveland Browns teammates defend Donte Stallworth, despite receiver's 'terrible mistake'
by Mary Kay Cabot/Plain Dealer Reporter
Saturday April 04, 2009, 11:52 PM

Scott Shaw/The Plain Dealer
Donte Stallworth is known by his fellow Cleveland Browns as a devoted teammate who has earned their support as he faces DUI manslaughter charges for a fatal car accident in Miami.

Terry's talkin' Browns | Hey, Tony!
Livy: New regime gets first crack at QB debate

CLEVELAND -- By now, you've got Browns receiver Donte Stallworth all figured out, right? The braids, the Bentley, the history of substance abuse, the DUI manslaughter charge.
Just your typical, spoiled, rich, partying athlete who has little regard for others or the law.

But those close to him say that's not the case.

"Donte is the complete opposite of the image you may believe right now," said former Browns center LeCharles Bentley, who has known Stallworth since they were both rookies in New Orleans in 2002.

Stallworth's friends and teammates say he's devastated over the death of pedestrian Mario Reyes, 59, whom Stallworth struck and killed with his Bentley on the morning of March 14 in Miami Beach, according to authorities there.


He will be arraigned April 23 on charges of DUI manslaughter and faces four to 15 years in prison if convicted. He also faces a probable suspension by the NFL for violating its conduct and substance-abuse policies.

In one fateful moment, Stallworth ended a life and altered the course of his own.

"Of course, Donte made a poor choice, and you can never get back a life," said Browns linebacker D'Qwell Jackson. "No one knows that more than Donte. But people should know that Donte is a great person who made a terrible mistake, not a terrible person."


Tracy Boulian/The Plain Dealer
One of the few bright moments for Stallworth came in the Browns' Monday night victory over the New York Giants in September. Here, he celebrates a touchdown scored by Braylon Edwards.Stallworth had a blood-alcohol level of .126 -- over the legal limit in Florida -- according to the toxicology report.
Four days after the tragedy, he returned to Cleveland to resume working out in the Browns' off-season program. His mother, Donna, and brother Larry joined him in Cleveland for support.

At practice, Stallworth was welcomed with open arms by his teammates.

"He's one of the most well-liked guys in the locker room," said Jackson.

Signed by the Browns last off-season, Stallworth was a psychology major at Tennessee who got into long debates with his teammates about religion and politics. Last fall, he was often overheard in the locker room encouraging his younger teammates to vote in the presidential election and giving them advice.

"Donte didn't just encourage guys to vote, he basically told them they had to because it was their civic duty," said quarterback Brady Quinn.

Quinn remembered the first day Stallworth spent with the Browns.

"He got up to get some water and asked if anyone else wanted anything," the quarterback recalled. "He came back with 12 waters and Gatorades, even for some of the rookies. He was so humble and so different than I thought he'd be."

Recently, Quinn and Stallworth discussed the U.S. Treasury and the country's economic meltdown, and Stallworth came back with research he had done on the bailout.

"He's so much deeper than people would think," said Quinn.

Stallworth and Bentley, who often vacationed together, talked for hours about how to solve the world's problems.

"Donte is extremely intelligent and civic-minded," said Bentley. "People don't know that about him because he's quiet. He doesn't let people into his inner circle easily."

A voracious reader, Stallworth often shared books with Bentley and other friends. Four of his favorites are "Strength to Love," by Martin Luther King Jr.; "The Alchemist," by Paulo Coelho; "The Road to Monticello: The Life and Mind of Thomas Jefferson," by Kevin J. Hayes; and "Sojourner Truth: A Life, A Symbol," by Neil Painter.

He also mentored younger Browns such as receivers Josh Cribbs and Steve Sanders on how to be a good pro.

Of course, Stallworth wasn't always the model player and teammate he was with the Browns before the accident.

A first-round pick by the New Orleans Saints out of Tennessee in 2002, Stallworth came out as a college junior and was admittedly immature. That year, he was arrested in Miami for having someone ride on the outside of his car and pleaded guilty in Miami-Dade Circuit Court.

In January 2006, he was arrested again in Miami Beach for an expired license tag and for resisting arrest after refusing to shut off his engine or hang up his cell phone. According to the police report, Stallworth told the officers "this was going to cost us a lot of money and that he would have our jobs." Stallworth was charged but never prosecuted.

In the spring of that year, Stallworth clashed with Saints coach Sean Payton and was sent home from minicamp for being late to a team meeting. By the end of training camp in August, Payton had had enough of Stallworth and traded him to Philadelphia.

Afterward, friend and Saints receiver Joe Horn was quoted as saying: "He knows in his heart why he got traded. He has to take that with him and take it to Philadelphia and be a better person, be a better receiver, be better than he was last year."

Once in Philadelphia, Stallworth said he had taken Horn's advice and matured. But the Eagles made little attempt to keep him after one season. What's more, the Philadelphia Inquirer, citing unnamed sources, reported that Stallworth was involved in the NFL's substance-abuse program and could face a suspension if he violated it.

Stallworth acknowledged his involvement in the program a week later when he signed as a free agent with the Patriots. "All that stuff is in the past," he said at the time. "There was a situation a couple of years ago, but there is nothing going on now that will affect me in preparing to help this team win."

The Patriots structured his contract so that they could easily part with Stallworth after one year. At the time, a Patriots executive said the team did so "in case Stallworth is sidelined by off-the-field problems."

But Stallworth vowed to be the consummate pro in New England.

"I made some immature decisions, and it came back to really haunt me in the past couple of years. I'm getting old," he told the Hartford Courant. "I'm 26. I only have a few years left in this game. You just begin to realize what the opportunities are. And as the years go by, the window gets smaller and smaller."

Despite apparent compliance with his program, the Patriots set him free after a year rather than pay him $8 million in bonuses. The Browns, led by then-General Manager Phil Savage, ignored some of the red flags throughout Stallworth's career and signed him to a seven-year deal worth $35 million, including $10 million guaranteed. Unlike the Patriots, the Browns didn't protect themselves in the event Stallworth veered off course.

His star-crossed tenure with Cleveland began in training camp when he inadvertently gashed fellow receiver Braylon Edwards' stocking foot with his cleat while they were running after practice. Edwards missed the final three preseason games and never returned to his 2007 Pro Bowl form. But it was Edwards who had to console Stallworth after the incident because Stallworth felt so bad.

Then, during warm-ups for the 2008 season opener against Dallas, Stallworth pulled a quad muscle and had to sit out the game. He missed the next three games and never really recovered, finishing with a career-low 17 catches for a season-low 170 yards.

Knowing he wasn't cutting it on the field, Stallworth spent as much time as possible mentoring the other players and trying to set a good example.

"He was never late for a team meeting, always willing to block somebody and go the extra mile," said Quinn.

Toward the end of the season, Stallworth vowed to rebound in 2009. On March 13, he earned a $4.5 million bonus from the Browns and went out to celebrate. The next morning, he was involved in the fatal accident.

The Browns said in a statement that they were "disappointed he put himself in this position" and might ultimately decide to cut him.

"Everyone is going to rush to judgment in situations like this," said Bentley. "But no one other than the Reyes family is more distraught about this than Donte."

Plain Dealer reporter Bill Lubinger contributed to this story

Browns statement on Stallworth
04.01.2009
Statement from the Cleveland Browns

"The charges levied against Donte' Stallworth are very serious and we are disappointed he has put himself in this position. We are saddened by the circumstances that have taken place and our thoughts and prayers go out to the family of Mario Reyes. We have been in communication with the Commissioner, who is reviewing the situation under league policies, and we will withhold further comment at this time."

http://www.clevelandbrowns.com/article.php?id=9486

Just thought it was interesting. He was in an accident Sunday Morning, and Monday we have his BAC already from the blood test. We're only 2 hours from Miami, maybe they should have sent Donte's sample over here.

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FORT MYERS: The driver who caused a crash on Colonial Boulevard Sunday had a blood alcohol content three times the legal limit, according to police.

Officers found Daniel Divino Da Cruz, 30, trapped in his car after the crash at Ortiz Avenue around 7 a.m.

Witnesses told police Da Cruz was westbound on Colonial blew through a red light at the intersection and was hit by another vehicle.

He was unconscious after the crash and had to be cut out of the vehicle by fire-rescue.

Police say a blood sample taken at the hospital showed a BAC of .243, well above Florida's .08 limit.

Da Cruz was treated and released from the hospital.

He's charged with DUI, violation of right of way and having an expired driver's license.

http://www.nbc-2.com/Articles/readarticle.asp?articleid=27939&z=14 />

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Good point - why does it take so long? But, you know the answer - in Donte's case the authorities can be pretty certain that he'll spend whatever it takes on attorneys in order to get out of it, whereas in most cases, what the law says happened is exactly how it will play out in court.

Money. I need to try to get some.

Its not so much money as the fact of the seriousness of the Stallworth case. Because the fact someone lost their life they have to make sure they do everything professionally and accurately.

O.J. was on Family Guy last night.

Darden is now a defence attorney, ironically enough. Clark IIRC does some TV work and tries to forget that she lost the O.J. case (although it was mostly due to the dumbass jury).

I wouldn't blame the prosecution as much for that case as I would the jury for not getting the "reasonable doubt" standard right...

I do love how he was held liable in the wrongful death case though.

http://sports.yahoo.com/nfl/news?slug=jc-stallworth052109&prov=yhoo&type=lgns


By Jason Cole, Yahoo! Sports 1 hour, 34 minutes ago


Yahoo! Sports

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.

Interesting post, 'Peen. I hadn't seen this 'development" yet. Is there any time frame on this as to when and where for trial times and when it might be settled? Curious as to whether or not he will be available to contribute very little to the 2009 campaign. Probably ought to injure his hammy immediately, thusly and thereby giving him plenty of time to rehab and heal and play front end of season. Maybe a plan?

"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."

he's done...he will have no defense...drunk or sober this can make it manslaughter.

Honking a horn is a reaction that might not signify enough time to slow down and become cautious.

But flashing your lights that is not a reaction of nano seconds. And does signify that Stallworth used HORRIBLE judgment and if legally impaired that judgement to drive as also HORRIBLE as per this case showed a very bad decision for Stallworth.

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.”

No defense at all actually this will incriminate him not get him off.

First off "DART" how convenient. But that signifies surprise. Then you got this damnation of Stallworth...not an assist. "how can you expect Stallworth to anticipate that [Reyes] would dart out" - Anticipate??? If he HADN'T ANTICIPATED than why did he FLASH his Lights...and THEN HONK his horn...cause I seriously doubt he did both at once.

I ain't no lawyer - but I watch Judge Judy so I'm an expert

seriously if this is his defense - I see him getting reemed. The only thing is that he doesn't have a history of DUI's and he's been a model citizen...I see that carrying a lot of weight and getting the judge's mercy.

JMHO...Just curious do you all see him coming to camp or still on this team cause if he spends 3 months (unless they let him serve it Feb., March n April 2010) he will miss most of training camp. Before this I thought for sure he would not be a Brown...possibly he will still be. He sucked as a WR last season but he is not BAD PERSON.

As the article states, it can be viewed two ways depending on your disposition.

I am not taking any position. I am simply passing along a article I thought would be of interest.


But I will say the flashing of lights doesn't have to do him in..you see a guy walking in the street....you honk, flash lights...it was a wide road..you think he sees you....maybe he did...you think he is hesitating to let you pass...then he darts in front of you.

You have never been driving down a wide road and had some person start to cross the road...timing it for you to pass??

Maybe the guy wanted to commit suicide? Suicide is considered a sin and shameful to the family by many so it isn't unreasonable to think some may want to do this without leaving a note.

My point is we don't know, so it makes no sense to try to think we do.

Actually with bright lights being on the blinker bar anymore. I can actually trip my brights with my fingertips quicker than I can take my hand off the stick shift and hit the horn in the center of the steering wheel.

And I think Bentley has a horn button on the steering spoke, and is probably an automatic, meaning it's easy enough to do both with minimal movement.

And where I live in Florida, it's common to see people that turn their brights on and off regularly as driving depending on oncoming traffic, so they must drive with fingertips already on the bright switch.

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My point is we don't know, so it makes no sense to try to think we do.

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I agree with ya Peen... There are so many twists and turns this can take.. I'll just wait until we see him either in a Browns Uni or an Orange Jumpsuit.. I'll just have to trust the right thing was done.... Mostly because they will never tell us everything.

the prosecutors will need to prove beyond a reasonable doubt that the deceased did not act negligently. That might be tough to prove.But there is always that plea bargain stuff too.

If you look at what that law says, and the fact that it is known that the victim was jay-walking, Stallworth has a shot of not doing alot of jail time. Plus given the fact that he was DID try to warn the victim that he was coming, helps Stallworth. Now if it can be proven that Stallworth could not have swerved into another lane or that the victim tried to beat Stallworth's car across the causeway, Stallwoth will have a bettter than 50% chance of doing a small amount of time.

Yup, it will all come down to specifics in the accident timeline. We don't really know the details so it's all just a big guess right now.

Who knows, Stallworth might have thought the guy would stop running to let him through, while the guy might have thought the opposite. In a split second, a lot can happen.

I'm not giving him a pass for being drunk behind the wheel but there does appear to be some grey in this accident. Well, it's a very dark, almost black grey.......we shall see.

MIAMI -- Cleveland Browns wide receiver Donte' Stallworth is pleading not guilty to DUI manslaughter charges from a fatal Miami car crash in which a pedestrian died.


Stallworth

The plea was entered at a brief court hearing Thursday by defense attorney Christopher Lyons. The 28-year-old Stallworth did not appear in court. A trial date has not been set.

Stallworth faces up to 15 years if convicted. Police say Stallworth was driving drunk after a night on the town when he struck and killed 59-year-old Mario Reyes on a Miami Beach causeway.

Stallworth is free on $200,000 bail and is required to abstain from alcohol, not drive and observe a curfew.

Before Cleveland, he played for the New England Patriots, Philadelphia Eagles and New Orleans Saints in the NFL and in college for Tennessee.

http://sports.espn.go.com/nfl/news/story?id=4229974

The main reason I think he is even still on the team is to go after that roster bonus $$$, but we cannot likely do that unless he is on the team and his trial finishes.

With no trial date even set yet, it seems as though he could easily extend the trial through the season. Can we really afford a roster spot for him?

Not really a surprise that he entered a not guilty plea.

It's really a sad situation.

But it will be.

A plea agreement has been reached in Donte' Stallworth's DUI manslaughter case, sources told ESPN's Michael Smith on Monday. The deal is expected to be announced Tuesday when the Cleveland Browns wide receiver is set to appear in a Miami courtroom.

Pro Football Talk first reported the agreement.

Police say Stallworth was driving drunk after a night on the town when he struck and killed 59-year-old Mario Reyes on a Miami Beach causeway on March 14. Tests showed Stallworth's blood-alcohol level was .126, well above Florida's .08 limit.

Stallworth had entered a not guilty plea earlier this month. A trial had been set for July 7, and the 28-year-old faced up to 15 years in prison if convicted.

Stallworth is free on $200,000 bail and is required to abstain from alcohol, not drive and observe a curfew.

Before Cleveland, he played for the New England Patriots, Philadelphia Eagles and New Orleans Saints in the NFL and in college for Tennessee.

LINK

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Pro Football Talk first reported the agreement.

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What agreement did they report?? (because this blurb says nothing)

Here ya go Shep.

Stallworth To Plead Guilty Tomorrow
Posted by Mike Florio on June 15, 2009, 8:15 p.m.

A source with knowledge of the situation tells us that Browns receiver Donte’ Stallworth will enter a guilty plea tomorrow in his pending criminal case in Florida.

Though the details are still pending, it’s our understanding that he’ll plead guilty to DUI manslaughter as a result of the automobile accident that claimed the life of 59-year-old Mario Reyes.

But if, as reported, the Florida DUI manslaughter law carries a mandatory four-year minimum sentence, the outcome will mean certain and extended jail time for Stallworth.


We’re working to get more facts on this one. So stay tuned.


LINK

If this is true ..... then he's basically accepting the maximum penalty before a trail. That makes little sense, unless he truly feels he is guilty and just wants to accept his punishment.

Let me re-phrase my thought .....

It would seem to me that a reasonably good lawyer might well be able to work a case like this one down to something in the involuntary manslaughter range given the situation as described. That would be a considerably lesser offense, and would carry a far lesser penalty than the DUI manslaughter charge. That doesn't appear to be the path they have taken. (Granted, given a very preliminary report from unnamed sources) It appears, at first look, that they plead to the highest possible charge .. rather than pleading to a lower offense.

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It appears, at first look, that they plead to the highest possible charge .. rather than pleading to a lower offense.

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No, because that's why it is a plea agreement......... to plead to a lesser offense without going to trial and wasting money. (is how I read it)

But this is PFT trying to jump the gun with a guess at an early scoop....so it remains to be seen.

http://sports.espn.go.com/nfl/news/story?id=4262751


Report: Financial agreement avoids suit
Comment Email Print Share
Associated Press
Browns Not Expecting To Have Stallworth
AFC North Blogger James Walker on Donte Stallworth's plea agreement Tags: NFL, Cleveland Browns, Donte' Stallworth
Browns Not Expecting To Have Stallworth

MIAMI -- Cleveland Browns wide receiver Donte' Stallworth was sentenced to serve 30 days in jail after pleading guilty in Florida to a DUI manslaughter charge.

The plea deal announced Tuesday calls for the 28-year-old Stallworth to also serve 10 years' probation and perform 1,000 community service hours for hitting and killing 59-year-old construction worker Mario Reyes with his car. Stallworth had faced up to 15 years in prison.

Stallworth also reached a confidential financial settlement with the Reyes' family. A person close to the negotiations told The Association Press about the agreement on the condition of anonymity because they were not authorized to talk about the deal.

The person said the agreement will avoid a potential wrongful death lawsuit from Reyes' family.

Miami Beach police said Stallworth was drinking at the swank Fontainebleau hotel bar before the March 14 crash. He left to go to a nearby home -- he owns three properties in the Miami area -- in his black 2005 Bentley on MacArthur Causeway, which links the beach to downtown Miami.

Prosecutors say Stallworth hit Reyes, a construction crane operator who was rushing to catch a bus after finishing his shift around 7:15 a.m. Stallworth told police he flashed his lights in an attempt to warn Reyes, who was not in a crosswalk when he was struck.

A spokeswoman for the Miami-Dade State Attorney's Office said Reyes' family has been pushing hard to resolve the case.

"We have been in intense negotiations for the past couple of days," spokeswoman Terry Chavez said. "We always take the victim's wishes into account."

Stallworth had a blood-alcohol level of .126 after the crash, well above Florida's .08 limit. Stallworth has also has cooperated with investigators and issued a statement shortly after the crash expressing sympathy for Reyes' family.

Stallworth stopped after the crash and immediately told officers he had hit Reyes. Police estimated Stallworth was driving about 50 mph in a 40 mph zone.

Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured much of the year. He also has played for New England, Philadelphia and New Orleans.

The NFL has said it will review the matter for possible disciplinary action after the legal case is completed.

David Cornwell, a Stallworth attorney handling the NFL situation, said he has kept top league officials apprised of the case.

"Whenever it is appropriate to do so, we are prepared to discuss the circumstances under which Donte' will resume his career," Cornwell said.


Copyright 2009 by The Associated Press

I see two scenarios for this outcome:

1) Perhaps this will be Donte's wake up call, motivating him to use his god given talents to the best of his ability.

2) Perhaps he will view it as he can get away with murder, thus continuing his reckless and lazy ways.

Only time will tell.....

Well, I'm glad that this has at least come to some sort of conclusion, at least from the legal sense.

I will say that, while Stallworth was a numbskull for driving drunk, I do respect that he owned up to it right away and seems to be willing to pay the price.

Yeah, he could have gone to jail for a long time, but this is his first offense and he's willing to work with the family.

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Yeah, he could have gone to jail for a long time, but this is his first offense and he's willing to work with the family.

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more like the family was willing to work with him. He's lucky the fam was'nt super pissed and would take more pleasure in seeing him in jail for multiple years, opposed to the financial settlement.

Im curious as to how much this cost DS?

J/C

Our legal system is out of whack.

I don't think Stallworth should get life or anything like that, but 30 days? Seriously? People go to jail longer than that for getting into a fight that isn't premeditated.