NFL Player gets drunk, kills someone with $200K car, gets 30 days in jail

wizzy

http://www.justnews.com/news/19766406/detail.html

Blood Alchohol Level was almost .13, legal limit in most states is 0.08

Cleveland Browns player Donte Stallworth has been sentenced to 30 days in jail after pleading guilty to DUI manslaughter charges as part of a plea agreement.

Stallworth was charged with DUI manslaughter after police said he hit and killed 59-year-old Mario Reyes with his Bentley on the MacArthur Causeway on March 14.

BeRad

He got a lot more than just 30 days. 2 years house arrest and lifetime suspension of drivers license.

Did he get special treatment at all? I wonder what Joe-Shmo would have gotten.

66chevyIISS

Looks like the gentlemans family took the money and run. 30 days and money was more important to them then the 15 years apparently.

"We fully endorse and consent to the plea agreement," wrote the mother of Reyes' surviving 15-year-old daughter.

"Stallworth also recently reached a financial settlement with Reyes' family, although the details of the settlement have not been made public."

I am fine with the sentencing if that is the case. I am not conding drunk driving by any means but the person who was killed was also crossing the street illegally.

shack

While his blood alcohol level was too high...there were extenuating circumstances. The victim was not crossing the road legally. Had Stallworth not been drinking and this happened he would have probably not been charged at all. He did all the right things after it happened, he didn't run, he admitted his mistake/guilt, he has settled with the family. He was also sentenced to eight years of reporting probation, two years of community control -- which is essentially house arrest -- and a lifetime suspension of his driver's license. During the eight years of probation, Stallworth will undergo numerous drug and alcohol tests. This is basically a good guy who made a terrible mistake...that was compounded by the actions of the victim. He has no history of being a troublemaker or a problem. Making him serve more jail time...IN THIS CASE... serves no good purpose IMO.

Sami

I think the agreement/settlement serves all parties pretty well considering the circumstances. You can blame the family about taking the money but as a dad I think I would put my family's well being in higher priority than revenge (or justice if you would prefer to call it that). I don't imply that is how the victim would have thought, just what I would think in case someone ran over me.

nooshinjohn

Well said Shack... Is there any word on whether or not he will be allowed to play football during the next two years? He may have lost his career as well...

JohnLocke88

nooshinjohn wrote: »

Well said Shack... Is there any word on whether or not he will be allowed to play football during the next two years? He may have lost his career as well...

Article mentions they are considering it. I doubt more than a few games unpaid if anything.

At first when I read the title of the article, I was very annoyed at the apparent blatant injustice of this. However, when you read the whole article, it's not so bad.

1. The man killed was crossing illegally trying to catch a bus.
2. The driver stopped immediately, called 911, submitted to a breathalizer, and coperated fully with police.
3. the sentence included 30 days in PRISON, 1,000 hours of community service, 2 years of house arrest and a lifetime suspension of license.
4. The family received an undisclosed amount in an out of court civil settlement.

Even with all the facts, I do still agree that your average Joe, if in the same situation would have gotten far more time.

nooshinjohn

I am not so certain on that, as the circumstance clearly shows there was nothing a SOBER drive could have done differently to change the outcome. Correct me if I am wrong here, but did the police report indicate that despite his being over the legal limit, alcohol was not a factor in any manner to the accident?

snow

30 days is prepostorous he should serve a minimum of 5 years IMHO As far as the money goes odds are the family most likely got screwed by accepting a settlement out of court anyways. I personally could care less whether the guy crossing the road was doing it illegally or not the fact remains the driver willfully and knowing climbed into a motor vehicle while intoxicated and killed someone. He is at fault period!! there is even less reason to drive a vehicle if you have millions you can afford a driver or god forbid call a cab. There has always been and most likely always will be a different type of justice for those with money simple as that.


The 8 years probation and drug/alcohol testing, perm loss of license etc is a joke. As soon as the probation ends he can just move to another state and get a drivers license there.

My 2 cents.

REGARDS SNOW

Poee7R

Talk about a slap on the wrist, DUI manslaughter and the guy gets 30 days, probation and loss of license... wtf.

And guys, the article says that he was found by a crosswalk, and that the police arent sure if he was trying to cross the street illegally or not, not that he DID cross it illegally.


Dave

snow

nooshinjohn wrote: »

I am not so certain on that, as the circumstance clearly shows there was nothing a SOBER drive could have done differently to change the outcome. Correct me if I am wrong here, but did the police report indicate that despite his being over the legal limit, alcohol was not a factor in any manner to the accident?

You must be reading a different article then I am, nowhere did I read that he was crossing illegally. It wouldndt matter if the police thought alcohol was or wasnt a factor. The truth is alcohol impairs your reaction times awareness etc. It is possible that gaven the same set of circumstances a SOBER driver may not have been able to react in time either but we will never know that. The fact remains that he drove while impaired and killed someone and justice isnt 30 days IMHO.



REGARDS SNOW

shack

snow wrote:

You must be reading a different article then I am, nowhere did I read that he was crossing illegally.

There is video evidence that the victim was NOT in a crosswalk when he was struck.

Even MADD has agreed that the outcome is ok based on all the factors...including the fact that the family of the vicitm endorsed the plea agreement.

dragon1952

The authorities are smart enough to know if alcohol played a part in the accident. It was indicated from the very beginning that the pedestrian was not in a crosswalk. I think it is ludicrous to blame alcohol in 100% of the incidents where alcohol is present, regardless of circumstances. The pedestrian f$#@ed up, but you want to blame it all on the driver. There are such things as extenuating circumstances which should always be taken into consideration (such as this case), and not just a mindless, narrow-minded implementation of the law and associated penalties.

snow

dragon1952 wrote: »

The authorities are smart enough to know if alcohol played a part in the accident. It was indicated from the very beginning that the pedestrian was not in a crosswalk. I think it is ludicrous to blame alcohol in 100% of the incidents where alcohol is present, regardless of circumstances. The pedestrian f$#@ed up, but you want to blame it all on the driver. There are such things as extenuating circumstances which should always be taken into consideration (such as this case), and not just a mindless, narrow-minded implementation of the law and associated penalties.

Anyone who doesnt feel alcohol was a factor in this or ANY other accident is either misinformed or a fool or both. The only extenuating circumstances here are the driver is both wealthy and a pro football player.



REGARDS SNOW

snow

shack wrote: »

There is video evidence that the victim was NOT in a crosswalk when he was struck.

Even MADD has agreed that the outcome is ok based on all the factors...including the fact that the family of the vicitm endorsed the plea agreement.

I have not seen the video evidence but I doubt it would change my mind anyhow. Also, Stallworth must donate $2,500 to Mothers Against Drunk Driving. Hmmmm.....Excerpt from what I could find.

This is MADD's response to the issue

Donte Stallworth
Chuck Hurley, MADD CEO 6/16/2009

Contact Information

MADD is profoundly disappointed in the 30 day jail sentence for Donte Stallworth who killed a pedestrian while driving drunk. We have heard there may be a contribution to MADD in the settlement and if that is true, we will not accept any monies. This case is a clear test of the NFL’s continued tolerance of drunk driving among its players. We are closely watching what the NFL does.

Personally I could care less if the pope endorsed the deal, justice IMHO was not served. I respect your oppinion Shack as much as or more than most on this forum but I cant agree with you on this one.



REGARDS SNOW

schwarcw

Teddy Kennedy just sent me a text message from a bar saying he thought the sentence was a little tough. He was more concerned about the damage to the Bentley.

sucks2beme

Bad, but at least it was handled. A Dallas Cowboy would of hit a crowd
at 100 mph, driven off while 3 sheets to the wind, and had a lawyer
make a statement if he was caught. And gotten his own reality show.
Welcome to pro sports.

nooshinjohn

schwarcw wrote: »

Teddy Kennedy just sent me a text message from a bar saying he thought the sentence was a little tough. He was more concerned about the damage to the Bentley.

LMAO... I wonder how that girl's parents feel about the sentence Teddy got... oh wait, he didn't get one.:eek:

dragon1952

snow wrote: »

I have not seen the video evidence but I doubt it would change my mind anyhow.


REGARDS SNOW

I doubt you would either :rolleyes:

dragon1952

snow wrote: »

This is MADD's response to the issue

Donte Stallworth
Chuck Hurley, MADD CEO 6/16/2009

Contact Information

MADD is profoundly disappointed in the 30 day jail sentence for Donte Stallworth who killed a pedestrian while driving drunk. We have heard there may be a contribution to MADD in the settlement and if that is true, we will not accept any monies. This case is a clear test of the NFL’s continued tolerance of drunk driving among its players. We are closely watching what the NFL does.

Personally I could care less if the pope endorsed the deal, justice IMHO was not served. I respect your oppinion Shack as much as or more than most on this forum but I cant agree with you on this one.



REGARDS SNOW

MADD was instrumental in getting any accident labeled as 'alcohol related' regardless of who in any of the involved cars had alcohol in their system, even if it was just a passenger. So we already know what their stance is. .....it's called 'unrealistic'.

AsSiMiLaTeD

Oh boy, another "The Sky is Falling" thread...

66chevyIISS

snow wrote: »

The truth is alcohol impairs your reaction times awareness etc. It is possible that gaven the same set of circumstances a SOBER driver may not have been able to react in time either but we will never know that. The fact remains that he drove while impaired and killed someone and justice isnt 30 days IMHO.

REGARDS SNOW

Just because someone blows more then .08 does not mean they are impaired. Alcohol effects people in many different ways. It has been proven time and time again and that is also the whole point of the sobriety test. Remember not that long ago the limit was .10

obieone

I once passed a field sobriety test after downing 17 beers in <6 HOURS, on an empty stomch!!!
And I only weighed 160#'s @ the time. According to the math, my BAC probably would've been .24?:eek::rolleyes:;)

And NO, I'm NOT bragging. Just proving a point about the effects of alcohol on different individuals.

snow

dragon1952 wrote: »

The authorities are smart enough to know if alcohol played a part in the accident. It was indicated from the very beginning that the pedestrian was not in a crosswalk. I think it is ludicrous to blame alcohol in 100% of the incidents where alcohol is present, regardless of circumstances. The pedestrian f$#@ed up, but you want to blame it all on the driver.

Actually it was indicated that they were (not sure) if he was in the crosswalk or not. Not that he wasnt and if you look at the accident scene you will see that he was knocked out of his shoes and other articles of clothing were scattered for 50 feet or so beyond the crosswalk, the car had to have had been moving pretty fast to make the evidence fit.

Also if you look at the causeway the only reasonable place to cross was in the crosswalk area because there is a 3 foot high concrete barrier seperating the left and right sides, anything is of course possible but highly unlikely that at the end of a long shift you are going to have the energy or desire to be vaulting such a barrier.

dragon1952 wrote: »

MADD was instrumental in getting any accident labeled as 'alcohol related' regardless of who in any of the involved cars had alcohol in their system, even if it was just a passenger. So we already know what their stance is. .....it's called 'unrealistic'.

I will agree with you on this.



REGARDS SNOW

nadams

obieone wrote: »

I once passed a field sobriety test after downing 17 beers in <6 HOURS, on an empty stomch!!!
And I only weighed 160#'s @ the time. According to the math, my BAC probably would've been .24?:eek::rolleyes:;)

And NO, I'm NOT bragging. Just proving a point about the effects of alcohol on different individuals.

Was that with a breathalyzer, though? Chances are, you wouldn't have passed. I agree that the breathalyzer isn't the ultimate test. I know that when I started drinking, 2 beers and I'd be buzzed. Now, it takes me at least 6 to feel anything. I don't know what number I'd blow in that situation, because I've never been pulled over. They either have to have probable cause, or catch you in a checkpoint.

Now here's a question... If you fail a breathalyzer, but pass the field sobriety test... are you drunk? So your breath says that you just had a beer or two, but you can walk, talk, touch your nose, and all else just fine... are you impaired? By the law, I'd guess so.

dragon1952

snow wrote: »

Also if you look at the causeway the only reasonable place to cross was in the crosswalk area because there is a 3 foot high concrete barrier seperating the left and right sides, anything is of course possible but highly unlikely that at the end of a long shift you are going to have the energy or desire to be vaulting such a barrier.
REGARDS SNOW

When I lived in S. Cal., people got hit all the time crossing I-5. Sometimes they had to scale a 6 ft fence to even attempt it. Considering the "speed limit" down there is 80mph, you'd have to be an idiot to even try to cross a 4 or 5 lane freeway. 3 ft high barrier.....phhht!

snow

dragon1952 wrote: »

When I lived in S. Cal., people got hit all the time crossing I-5. Sometimes they had to scale a 6 ft fence to even attempt it. Considering the "speed limit" down there is 80mph, you'd have to be an idiot to even try to cross a 4 or 5 lane freeway. 3 ft high barrier.....phhht!

Ok perhaps I should have said vaulting a 3 ft high barrier when there is a perfectly good crosswalk 7 or 8 yards away

One of the things I thought was interesting was he told the police that he flashed his high beams and honked his horn but wasnt able to stop in time to avoid hitting the victim, but I didnt see a single tire mark or skid anywhere between the crosswalk and where the car was stopped at 300 hundred feet or so beyond the last article of clothing. You would think with a bentley like that there would be a northstar like system recorded gps record of where the impact was and how fast the car was moving and whether any evasive action swerving braking occurred?



REGARDS SNOW

dragon1952

It does seem a little weird that he had time to both honk, and flash, but not enough time to brake or swerve.....hmmm :rolleyes:

mmadden28

Well, here's a story from my neck of the woods:

Posted on Tue, Jun. 16, 2009

Man who killed Bensalem bar employee gets prison

A man who killed an employee of a Bensalem tavern with his pickup truck has been sentenced to 20 to 40 years in prison.
Police say Jose Maldonado-Luzuriaga, 35, was drunk when he showed up at the Salute Restaurant & Bar on Nov. 29, and he was refused service. After an argument, he hit employee Billy Sullo, 30, with his truck outside the bar and pinned him to a wall, killing him.

Maldonado-Luzuriaga pleaded guilty to third-degree murder and aggravated assault yesterday in Bucks County Court. Speaking through an interpreter, he told the judge, "The liquor was to blame. I am not a bad person."

Maldonado-Luzuriaga is an illegal immigrant and faces deportation to Ecuador after prison. - AP

nooshinjohn

Maldonado-Luzuriaga pleaded guilty to third-degree murder and aggravated assault yesterday in Bucks County Court. Speaking through an interpreter, he told the judge, "The liquor was to blame. I am not a bad person."

Maldonado-Luzuriaga is an illegal immigrant and faces deportation to Ecuador after prison. - AP

The real crime here is that this idiot got into the U.S. in the first place. If we had border security, an american citizen would still be alive, and his family and friends would have the joy of many more years with their loved one. What about the rights of every day americans... now our tax dollars get to support this a$$hat for the next 40 years.

SKsolutions

You don't just slam on the brakes in a Bentley. . . .you honk, and hope that schmuck runs faster.

I actually agree with the sentence, but think it's extremely unlikely that Average Joe would see the light of day for many a year if he was inserted into this exact scenario.