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NEW YORK (WABC) -- Former New York Giant Plaxico Burress pleaded guilty Thursday morning in a deal with prosecutors that will send him to prison for two years.

Burress pleaded guilty to one count of second-degree attempted criminal possession of a weapon. He will also be subject to two years post-prison supervision.

The deal, hammered out between prosecutors in the Manhattan District Attorney's Office and Burress' lawyer, was the result of negotiations ongoing since his arrest last November.

Burress was indicted on gun possession charges for accidentally shooting himself in the thigh with an unlicensed weapon in a nightclub.
"After an agonizing period of discussion, Plaxico decided that he wanted to do this, put this behind him as quickly as possible," attorney Ben Brafman said. "This is a perfect example, in many ways, of how bad judgment sometimes has very terrible consequences."

Brafman says Burress had no legal defense for the crime, and that the facts of the case were never in dispute. He says Burress was eager to put the incident behind him because he already has one child and his wife is expecting.

During negotiations, Burress' attorney was attempting to limit his client's prison time to a year behind bars. But the Manhattan District Attorney's office insisted on two years. Brafman believes his client was treated differently than the average person would have been for the same crime.

"If Plaxico Burress were not a high-profile individual, it would never have been a case," he said. "If he were John Doe, he would've walked out of that club. Nobody at the hospital reported the gunshot wound."

If Burress had been convicted of all charges, he could have faced 3 1/2 to 15 years in prison. City leaders were quick to call for a harsh punishment, which Brafman says hurt his client.

"It was not helpful to have the mayor go on record early on this case, demanding a maximum prison sentence," he said. "That would not have happened if he were not a high-profile individual.

Burress is free for now, but is due back in court next month, when he will likely begin serving his sentence.


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2 years in Staton Islnad....ouch

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I will say that he'll likely get some protected custody because of his notoriety. But his career is essentially over, IMO. He's no spring chicken as it is. Add in 2 years away from football and he's done.

Good riddance.


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"If Plaxico Burress were not a high-profile individual, it would never have been a case," he said. "If he were John Doe, he would've walked out of that club. Nobody at the hospital reported the gunshot wound."




And had he not been a celebrity, it would not have gone unreported. Aren't they required to report all gun shot wounds to police?


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This is one seriously messed up country.

To quote a friend of mine:

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So, kill a guy with a car - spend less than 30 days in jail, carry a gun and shoot yourself - 2 YEARS in jail? Oh, and train fighting dogs - jail time, lose $50 Mil and become worse than Hitler Bin Laden. I don't understand any of this.




And to top it off in craziness... blow up a plane over Lockerbie, Scotland and you get to serve only 8 years of a Life Sentence.

p.s. This is not Pure Football.


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... there goes Joe Thomas, the best there ever was in this game.

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I found that out very quickly as this has been moved

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This is one seriously messed up country.

To quote a friend of mine:

Quote:

So, kill a guy with a car - spend less than 30 days in jail, carry a gun and shoot yourself - 2 YEARS in jail? Oh, and train fighting dogs - jail time, lose $50 Mil and become worse than Hitler Bin Laden. I don't understand any of this.




And to top it off in craziness... blow up a plane over Lockerbie, Scotland and you get to serve only 8 years of a Life Sentence.





I completely agree. 2 years for shooting yourself and 30 days for killing someone with your car.

There is some messed up logic going on there.




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I completely agree. 2 years for shooting yourself and 30 days for killing someone with your car.

There is some messed up logic going on there.




Thank goodness our justice system doesn't try you, convict you, and sentence you based on a 5 word sentence with no attention at all paid to mitigating factors. I'm not saying our justice system is perfect and I'm not saying that I have never scratched my head at it.... but simply say he shot himself and the other guy killed somebody with his car is way over simplifying what happened.


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I do believe we are talking about Fl. vers NY ??????

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And burress wasn't charged with "Shooting himself"

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Burress agreed to a deal in which he pleaded guilty to one count of attempted criminal possession of a weapon, which is less severe than the two counts of criminal possession and one misdemeanor count of reckless endangerment for which he was indicted on August 3. LINK





And Donte
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pleaded guilty to killing a pedestrian while driving drunk
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And while he killed a pedestrian there is reason to believe the pedestrian was partially at fault as well.
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Prosecutors have said surveillance video showed Reyes running across MacArthur Causeway and being hit by Stallworth's 2005 Bentley. On a 911 call, Stallworth said that Reyes "came out of nowhere." A police report said Reyes was rushing to catch a bus home.




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I think it's screwed up. Now, as long as everyone in NY gets the same sentence for illegally carrying, I guess it's fine.

However, I think 2 years in jail is crazy. He shot himself.

And I don't need to hear any "yeah, but he could've shot someone else....it could've been much worse" crap. Why? Because it wasn't worse. We don't try people on what COULD'VE happened, do we?

I think it's crazy to get 2 years in jail. And I can't stand Burress - however you spell his name.

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I think they definitely made an example out of Buress just because this was a high profile case.

I have known of plenty of people who had unlicensed firearms in their car or they were carrying them and they got nothing but probation.

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I think they definitely made an example out of Buress just because this was a high profile case.

I have known of plenty of people who had unlicensed firearms in their car or they were carrying them and they got nothing but probation.

KING




Agreed. Now, I know his gun went off. I know he basically shot himself. I don't understand 2 years for that, though. He was made an example of in my opinion.

And like I said, I don't want to hear any "yeah, but it could've been worse...." stuff. Why? Because it wasn't worse.

I don't like him - did I mention that before?

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And I don't need to hear any "yeah, but he could've shot someone else....it could've been much worse" crap. Why? Because it wasn't worse. We don't try people on what COULD'VE happened, do we?





In some instances yes we do. DUI's for example, not to defend them or endorse doing it. However, if you get pulled over at night for failure to use a turn signal or say speeding (not excessively, but say within 15 miles over - typical speed at which anyone would get pulled over) and the cops detect alcohol or smell it and test you out, your speeding ticket just got a lot more expensive. You lose your car, towed/impounded, and have a much larger fine, even jail or that 3-day 'rehab' requirement. Comparing it to the person getting pulled over for the same speed/turn signal who wasn't drinking. Neither harmed anyone, but that DUI charge is based on others who have harmed in the past and, in this example, you will pay a lot for it based on 'what could've happened'.

There are some serious inconsistentcies with the leagal system, and as someone mentioned it is NY vs FL here. From some things I read what donte got was very consistent with typical cases in FL, doesn't make it right but that is what was mentioned. In NY it is the law that you cannot discharge a gun in a nightclub, mandatory 2 years, they reinforced it using plax as the example, doesn't make it right. However each state sets its own laws down and they do not need to match up with the other states.

Having said all that I do think donte got off extremely light.


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I think it's screwed up. Now, as long as everyone in NY gets the same sentence for illegally carrying, I guess it's fine.




Absolutely.

Did he have any priors? If not, I think this sentence is ludicrous. He should've gotten probation, and if he decided to continue to carry, be forced to take some classes.

Jail should be for people who are an imminent danger to society.

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Quote:

Quote:

I completely agree. 2 years for shooting yourself and 30 days for killing someone with your car.

There is some messed up logic going on there.




Thank goodness our justice system doesn't try you, convict you, and sentence you based on a 5 word sentence with no attention at all paid to mitigating factors. I'm not saying our justice system is perfect and I'm not saying that I have never scratched my head at it.... but simply say he shot himself and the other guy killed somebody with his car is way over simplifying what happened.




Over simplifying????

Plaxico shot himself, Mike Vick killed dogs. Each got more sentenced time than Stallworth. (and not just a little more) It is what it is.

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Mike Vick should've gotten more time than Stallworth.

I don't care for how people are making it out to be 'killed a human v. killed dogs'.

Stallworth made a devastatingly bad judgment call, but one that unfolded in the course of seconds.

Vick's crime was carried out for a much longer period, was calculated and with malice.

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I only have one thing to say about this whole issue, If you have to take a loaded weapon to a night club for your own personal safety, then why go there? You would be better off staying home and staying out of trouble in the first place....JMHO.....

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Beyond that, Mike...if you feel the need to protect yourself with a firearm while going out, why not hire a bodyguard?

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It didn't unfold in the course of seconds.....he made the decision to drive impaired, and more than likely has done so in the past as well.

Not going to debate any further because it's futile....I won't change your mind and you won't change mine so I agree to disagree....

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That's even a better idea. I would not dare venture out to some "spot" that was designated as a bad area if I wasn't looking for trouble, even if I shot myself trying to be cool.....

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and more than likely has done so in the past as well.




'More than likely' doesn't fly in court.

Haven't you ever watched 'Law & Order'?

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Quote:

Quote:

I think it's screwed up. Now, as long as everyone in NY gets the same sentence for illegally carrying, I guess it's fine.




Absolutely.

Did he have any priors? If not, I think this sentence is ludicrous. He should've gotten probation, and if he decided to continue to carry, be forced to take some classes.

Jail should be for people who are an imminent danger to society.




As Plaxico showed he was that evening,...but this sentence IS too long,...I would be OK with some house arrest.

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I really don't find the guy to be an imminent danger.

He screwed up...if he had related priors, yeah, lock him up.

But IMO he doesn't need to be caged on the taxpayers dime because he carried an unlicensed gun in his sweatpants.


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I'm going against the grain here and say he deserved the penalty. He was in criminal possession of a firearm in a place where it was illegal to carry a firearm....and he had a neglegent discharge (there's no such thing as an accidental discharge). If you are that irresponsible with your weapon, you should be prosecuted. Gun laws (no matter how ridiculous) should be obeyed. If you disagree with them, do something about it. If he felt the need to carry a firearm, he should have spoken out against gun control, applied for a carry permit and appealed the denial. That's what law abiding citizens have to do.


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Quote:

I really don't find the guy to be an imminent danger.

He screwed up...if he had related priors, yeah, lock him up.

But IMO he doesn't need to be caged on the taxpayers dime because he carried an unlicensed gun in his sweatpants.






Yeah but the taxpayers have to serve up the dime to cage others too, so a little HA would have been OK, at least there at some reduced cost,....

It's gonna cost some taxpayer twice as much to incarcerate this guy just because of who he is,....let alone that he may not really be imminently dangerous.

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Burress was indicted on gun possession charges for accidentally shooting himself in the thigh with an unlicensed weapon in a nightclub.




What a maroon! Shoots himself and gets jail time.

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Yeah but the taxpayers have to serve up the dime to cage others too, so a little HA would have been OK, at least there at some reduced cost,....




My solution would be to dole out punishment that actually benefits the community. Pick up trash, read to kids, donate paychecks, etc.

Hang time over his head in a suspended sentence...if he screws up during that probationary period, lock him up.

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I think it's screwed up. Now, as long as everyone in NY gets the same sentence for illegally carrying, I guess it's fine.





Ok good then everyone should get 2 years considering the minimum is actually 3.5 years

http://www.tilemandcampbell.com/lawyer-attorney-1282578.html

so by that article, Plax got off light..


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Quote:

Quote:

Yeah but the taxpayers have to serve up the dime to cage others too, so a little HA would have been OK, at least there at some reduced cost,....




My solution would be to dole out punishment that actually benefits the community. Pick up trash, read to kids, donate paychecks, etc.

Hang time over his head in a suspended sentence...if he screws up during that probationary period, lock him up.




I could go with all that,...

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forget it, I don't really want to get into it either.

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I'm gonna see if I can find the article, but a radio report I heard today coming back from the golf course stated that the Newark Star Ledger said early on in this entire process they'd offered Burress three months in prison and 1500 hours of community service but he and his counsel declined.



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Quote:

Quote:

I think it's screwed up. Now, as long as everyone in NY gets the same sentence for illegally carrying, I guess it's fine.





Ok good then everyone should get 2 years considering the minimum is actually 3.5 years

http://www.tilemandcampbell.com/lawyer-attorney-1282578.html

so by that article, Plax got off light..




He plead guilty to a second degree attempted count - not first degree - the way I read it. That probably makes the difference.

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Beyond that, Mike...if you feel the need to protect yourself with a firearm while going out, why not hire a bodyguard?




Better yet, what is so risky/hood about an UPPER MANHATTAN nightclub?


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I really don't find the guy to be an imminent danger.

He screwed up...if he had related priors, yeah, lock him up.

But IMO he doesn't need to be caged on the taxpayers dime because he carried an unlicensed gun in his sweatpants.





Well that's the core of the "prison" debate... how much is just to punish a guy and how much is it to protect the public. I don't find the guy to be a threat either (except on a fade route.. )


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Quote:

Quote:

I really don't find the guy to be an imminent danger.

He screwed up...if he had related priors, yeah, lock him up.

But IMO he doesn't need to be caged on the taxpayers dime because he carried an unlicensed gun in his sweatpants.





Well that's the core of the "prison" debate... how much is just to punish a guy and how much is it to protect the public. I don't find the guy to be a threat either (except on a fade route.. )




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