Ex-Giant Burress pleads guilty in weapons case

[Hammer]

Ex-Giant Burress pleads guilty in weapons case

By KAREN MATTHEWS, AP
Thu Aug 20, 11:52 AM EDT
Former New York Giant Plaxico Burress pleaded guilty Thursday to a weapons charge and agreed to a two-year prison term for accidentally shooting himself at a Manhattan nightclub.

The ex-wide receiver pleaded guilty to one count of attempted criminal possession of a weapon, a lesser charge than he initially faced. Under a plea agreement, he agreed to a two-year prison sentence and two years of supervised release.

Burress was indicted earlier this month on two counts of criminal possession of a weapon and one count of reckless endangerment. He faced a minimum sentence of 3 1/2 years if convicted at a trial.

Burress' attorney said he hoped to resume his NFL career when he gets out of prison.

With time off for good behavior, the two-year sentence could be reduced to 20 months. Sentencing was set for Sept. 22 and if Burress were to go to prison soon after, he could be freed as early as the spring of 2011.

The guilty plea ends months of haggling between Burress' attorney and the Manhattan district attorney's office. The case went to a grand jury earlier this month after negotiations broke down, apparently because District Attorney Robert Morgenthau was insisting that Burress serve at least two years in prison.

Assistant District Attorney Mark Dwyer said it is standard policy to request a two-year sentence as part of a plea bargain on such serious charges.

In a Manhattan state Supreme Court room on Thursday, the soft-spoken Burress, wearing a dark blue suit, peacock blue shirt and blue tie, first entered a not-guilty plea to the initial charges against him. After attorneys on both sides conferred, Burress said, "guilty" to the new attempted weapons possession charge.

His attorney, Benjamin Brafman, said in court that the 31-year-old Burress was thinking of his family in taking the plea, although he questioned the recommended prison sentence. Afterward, Brafman described Burress as having "an agonizing period of discussion" about taking the plea, but taking it so he could put the whole episode behind him quickly.

"This was not an intentional criminal act," Brafman said in court. "In my judgment, a two-year prison sentence is a very severe punishment."

Burress did not speak to reporters and left while his attorney addressed the media outside the courthouse.

Brafman called the case "a perfect example about how bad judgment can have very serious consequences" and said Burress was treated more harshly because he is a celebrity.

"If Plaxico Burress were not a high-profile individual, there never would be a case," he said. "If he were just John Q Public he could have walked out of the club and he never would have been arrested."

Burress would make a statement at his sentencing, and would try to begin serving his sentence immediately, Brafman said. He did not know where Burress would serve his time.

Burress and former teammate Antonio Pierce were at the Latin Quarter nightclub in late November when a gun tucked into Burress' waistband slipped down his leg and fired, shooting him in the right thigh. The bullet narrowly missed a nightclub security guard who was standing inches away, prosecutors said, lodged in the floor and was recovered by a bartender.

The gun was not licensed in New York or in New Jersey, where Burress lived, prosecutors said. His license to carry a concealed weapon in the state of Florida had expired in May 2008.

Prosecutors said Pierce drove Burress to a hospital, then took the gun to his own home in New Jersey where it was later delivered to Burress' home.

Pierce was not indicted. The grand jury also did not indict the nightclub security guard who carried the gun to Pierce's car or the hospital staff members who failed to notify police that Burress had been shot.

Burress, who caught the winning touchdown for the Giants over the New England Patriots in the final minute of the 2008 Super Bowl, also could face disciplinary action by NFL commissioner Roger Goodell.

Brafman said lawyer said he hoped any sanctions imposed by the NFL would run concurrent with Burress' prison sentence.

The Giants released Burress in April.

Copyright 2009 The Associated Press. All rights reserved.

[kakn7294]

I know he broke the law but this sentence seems really harsh when you consider that he didn't hurt anyone but himself and there are plenty of people out there who have killed someone and get a lesser sentence than this. I think our judicial system needs an overhaul and sentencing needs to be more consistent and actually fit the crime.

[Hammer]

I know he broke the law but this sentence seems really harsh when you consider that he didn't hurt anyone but himself and there are plenty of people out there who have killed someone and get a lesser sentence than this. I think our judicial system needs an overhaul and sentencing needs to be more consistent and actually fit the crime.

Not sure I agree. Yes he did not hurt anyone but himself, but it could have easily hurt someone else. Combine that with the fact he did not have license to carry concealed in either NY or NJ, and NY has just strengthened some its gun laws, which I think is a good thing.

Was his sentence harsh. Yep, but so was Michael Vick's. No one had ever gotten as big a penalty before him for dogfighting. No one seems to have a problem with that sentence, though.

[Ian]

I know he broke the law but this sentence seems really harsh when you consider that he didn't hurt anyone but himself and there are plenty of people out there who have killed someone and get a lesser sentence than this. I think our judicial system needs an overhaul and sentencing needs to be more consistent and actually fit the crime.

No way ... the guy discharged a gun in a nightclub, for heaven's sake!! It's nothing more than blind luck that he was the only one hurt.

Really, I mean ... I agree with Christine. Vick gets the harshest sentence in history for his crimes and people think he got off light, but Burress puts hundreds of innocent human beings at risk and people think his sentence is too harsh??

Not to mention that NYC has incredibly strict gun laws of which he violated about half a dozen!

[kakn7294]

I'm saying what I said in terms of looking at what other guys have done and basically gotten away with. Donte Stallworth killed someone and got a slap on the wrist. My point is that nobody else was hurt in this incident, despite the potential for that. Plaxico should definately be punished and I don't think 2 years is all that harsh if you are looking only at his crime. However, compare an accidental shooting of yourself with an unlicensed concealed weapon to killing someone while driving drunk and I think that there's something wrong with receiving a 2 yrs for the weapons charge and 30 days for a DUI manslaughter charge.

[Jeff G]

The sentence seems fair to me. Plaxico had a loaded gun in a crowded environment and it went off. The crazy thing is it was tucked in his pants and it went off as he reached for it. He is very luck lucky he didn't kill himself or someone else. Compared to Stallworth it seems light but Dante should have served some serious prison time for killing someone while driving drunk but that is another discussion.

Roger Goodell is trying to clean up the NFL's image but these guys aren't making it easy for him.

[Hammer]

I'm saying what I said in terms of looking at what other guys have done and basically gotten away with. Donte Stallworth killed someone and got a slap on the wrist. My point is that nobody else was hurt in this incident, despite the potential for that. Plaxico should definately be punished and I don't think 2 years is all that harsh if you are looking only at his crime. However, compare an accidental shooting of yourself with an unlicensed concealed weapon to killing someone while driving drunk and I think that there's something wrong with receiving a 2 yrs for the weapons charge and 30 days for a DUI manslaughter charge.

Kathy, I misunderstood the intent of your original post. What I think this highlights is just how weak some DUI laws are in some states. The judge never should have been able to give Stallworth that light of a sentence.

[JPL]

Actually I think Buress would have been let off easy but Bloomberg made those statements and kind of tied the hands of the DA. I'm in no way saying he didn't deserve his sentence I mean the law is the law but all things considered I think a lower profile offender may have gotten off easier for a first offense since the Mayor wouldn't have gotten involved.

As for Vick his crime was at a Federal Level not state level therefore his penalty was a bit more than normal.

[Donald A]

I know he broke the law but this sentence seems really harsh when you consider that he didn't hurt anyone but himself and there are plenty of people out there who have killed someone and get a lesser sentence than this. I think our judicial system needs an overhaul and sentencing needs to be more consistent and actually fit the crime.

Kathy, I have to say I agree. (Even though I know no one else on here does) I mean the guy was stupid and put people at risk but it seems very harsh. He has a history of being arrogant. However, it is not a Constitutional right to drive drunk (Donte Stallworth 45 days) or run a dog-fighting ring (Michael Vick still less than 2 years). However, you have a guy who is not a felon bearing a firearm. Yes, someone could have been hurt and then that is a different story.

So it is against the law in NY to have a gun without a permit. So punish him for that. It is also against the law to drive (not a Constitutional right) over the speed limit. So driving fast could kill someone but I am sure everyone on here would be mad if they went to jail for speeding if they did not injure someone.

Bottom line, the NFL bothers me. I realized this in January 2008. The team I used to cheer for, the Browns, had the same record as the eventual Super Bowl Champion NY Giants. However, they did not make the playoffs because the Titans beat a Colts team that rested it's starters. The NFL still charged for tickets full price but people were treated to Jim Sorgi instead of Peyton Manning in Indy that night. That is when I really started to be sick of the NFL.

Then the day after the Browns SHOULD have been in a playoff game, I am on a family trip at WDW. We are going into the EPCOT pavillion and a big tall guy walks out and almost bumps into my wife. I realized it was Kellen Winslow, Jr. (Mr. Motorcycle who also broke laws by operating his bike without a license getting no jail time BTW) former TE of the Browns.

At this point it hit me. I was probably more disappointed than he was that the Browns didn't make the playoffs. I mean he is hanging out at Disney World when he should have been working. It has been down hill from me ever since then with the NFL.

[gueli]

Folks lets face it- the criminal system has its strengths and weaknesses. NYC has very strict gun laws (and its a good thing too). I think it would be smart for him to report to prison immediatly.

Now lets also not forget - the law is about what someone did- not about the potential for what they could have done.

As far as I am concerned- lets just keep letting him shoot himself in the foot (Ok leg) until he gets the point
I think his own stupidity is its own reward.

Kinda reminds me of the darwin award that went out to the guys who played russian roulette with a semi-automatic pistol...

[Scar]

If being a stupid arrogant punk were illegal, he'd be doing more time. Too bad it's not.

As a Giants fan, I can say that his presence was a big reason (perhaps deciding reason) why they won The Super Bowl two years ago. And, last year, his absence at the end was a big reason (perhaps deciding reason) why they didn't repeat.

Gun owners must know the laws (and penalties) of any jurisdiction they bring their gun to. Period.

[PirateLover]

Also for Vick don't forget it wasn't just dogfighting/animal cruelty, it was also illegal interstate gambling, which is why it was a federal case ad JPL pointed out.

Anyway, I agree with Kathy. Our judicial/penal system is very inconsistent. It's not even that it varies state to state but it's also often up to the individual judge. Plax had an illegal gun and it should not have brought that to a nightclub, yes, that was reckless. BUT as gueli pointed out, he can only be tried on what happened, which is his gun accidentally discharged and shot his own person. Could it have hit someone else, yes, but it didn't.

[Ian]

Donte Stallworth killed someone and got a slap on the wrist.

See this is really sort of a misconception. The reason Donte Stallworth only did 30 days was because the guy he hit basically ran out in front of his car (while jaywalking, I might add).

If Stallworth wasn't barely over the legal limit, he wouldn't have been charged with anything. As it was, he got the 30 days primarily because he was driving intoxicated.

[PirateLover]

If Stallworth wasn't barely over the legal limit, he wouldn't have been charged with anything. As it was, he got the 30 days primarily because he was driving intoxicated.

Whoa. The guy was OVER the limit, barely or not, it's there for a reason. He was legally drunk. He was at 0.12 and the limit is 0.8 here is some info I found
0.08 to 0.12 BAC - euphoria sets in, overestimation of one’s abilities leads to reckless driving, peripheral vision is impaired (resulting in accidents due to hitting vehicles in passing), and perception of obstacles is impaired. Drivers are up to 10 times more likely to have an accident.

[Ian]

Not gonna go there, Mary Ann ... I have my own opinion on BAC limits that I think is best kept to myself.

[Hammer]

Let's keep the topic about Burress and his sentencing and not drift off topic discussing broader issues like Blood Alcohol level limits...

[#1donaldfan]

I'm saying what I said in terms of looking at what other guys have done and basically gotten away with. Donte Stallworth killed someone and got a slap on the wrist. My point is that nobody else was hurt in this incident, despite the potential for that. Plaxico should definately be punished and I don't think 2 years is all that harsh if you are looking only at his crime. However, compare an accidental shooting of yourself with an unlicensed concealed weapon to killing someone while driving drunk and I think that there's something wrong with receiving a 2 yrs for the weapons charge and 30 days for a DUI manslaughter charge.

I'm with ya, plus didn't his concealed permit just expire in FL ?? ....at any rate, he was sentenced to a term as a point, I'm sure, not just punishment for him, but for those who choose to follow in his footsteps....

[Scar]

Foxnews.com
Tuesday, September 22, 2009



NEW YORK — Ex-NFL star Plaxico Burress was sentenced to two years in prison Tuesday for carrying a weapon into a New York City nightclub.

The former New York Giants wide receiver was sentenced Tuesday morning in Manhattan's state Supreme Court as part of a plea deal arranged last month.

Burress was at the Latin Quarter nightclub last November when a gun tucked into his waistband slipped down his leg and fired, wounding his thigh.

Burress pleaded guilty in August to attempted criminal possession of a weapon. He expects to begin serving time immediately and says he hopes to return to football.

He will be supervised for two years after his release.

Former teammate Antonio Pierce, who drove Burress to the hospital, was not indicted.

The Associated Press contributed to this report.