OconRecon Posted May 21, 2009 Report Share Posted May 21, 2009 Stallworth may get break on manslaughter charge 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 Link to comment Share on other sites More sharing options...
Guest Aloysius Posted May 21, 2009 Report Share Posted May 21, 2009 Goodell's still going to suspend him for at least four games, and he's not going to do it until after Stallworth's case is resolved and/or his prison term ends. So I have a hard time seeing him playing this year. Link to comment Share on other sites More sharing options...
TheClevelandSound Posted May 21, 2009 Report Share Posted May 21, 2009 Another celebrity/athlete get a break Link to comment Share on other sites More sharing options...
ballpeen Posted May 21, 2009 Report Share Posted May 21, 2009 Another celebrity/athlete get a break Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law. Link to comment Share on other sites More sharing options...
OconRecon Posted May 21, 2009 Author Report Share Posted May 21, 2009 Goodell's still going to suspend him for at least four games, and he's not going to do it until after Stallworth's case is resolved and/or his prison term ends. So I have a hard time seeing him playing this year. Agree. Seems like everything would have to break Stallworth's way for it to happen. Link to comment Share on other sites More sharing options...
TheClevelandSound Posted May 21, 2009 Report Share Posted May 21, 2009 Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law. touche I always lose. Im never gonna be a lawyer. Link to comment Share on other sites More sharing options...
DawgTracker Posted May 21, 2009 Report Share Posted May 21, 2009 Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law. But, an average citizen probably couldn't afford the lawyers necessary to get off Link to comment Share on other sites More sharing options...
hammertime Posted May 21, 2009 Report Share Posted May 21, 2009 I beleive its just a matter of legal procedings that have kept the Browns from outright letting this guy go. Its too bad he couldn't help us. Link to comment Share on other sites More sharing options...
ballpeen Posted May 21, 2009 Report Share Posted May 21, 2009 But, an average citizen probably couldn't afford the lawyers necessary to get off Everybody is afforded counsel. This isn't such a obscure component of that states law that it would require a crack team of attorneys and clerks researching the dusty volumes. Link to comment Share on other sites More sharing options...
Gips Posted May 21, 2009 Report Share Posted May 21, 2009 Even if he gets a break it really doesnt matter with the new guys we have aquired stallworth most likely wont be able to make the team... Link to comment Share on other sites More sharing options...
Tobalaz Posted May 21, 2009 Report Share Posted May 21, 2009 Even if he gets a break it really doesnt matter with the new guys we have aquired stallworth most likely wont be able to make the team... Hey, I hope the BEST for him, but I don't want him back HERE. Like I said, if some idiot ran out in the middle of a 5-6 lane highway illeagaly and got creamed by any of you, ALL of you would have said "So what if I had a drink or two, the asshole shouldn't have been in the middle of a freakin HIGHWAY" in the back of your heads. Lighten up on the guy. If he hadn't had a drink he'd be off scott free right now. Link to comment Share on other sites More sharing options...
ballpeen Posted May 21, 2009 Report Share Posted May 21, 2009 Even if he gets a break it really doesnt matter with the new guys we have aquired stallworth most likely wont be able to make the team... He could probably make it......but he may not be wanted at this point. As Al said.....he probably still faces some form of sanction from the league office. Link to comment Share on other sites More sharing options...
Oldcrow1945 Posted May 21, 2009 Report Share Posted May 21, 2009 Not really.....it's a situation anyone could argue...you don't have to be a celebrity to be able to apply the law. Doesn't Stallworth have a history of law enforcement problems? If this is the case it would be unusual for a regular citizen to get treated with the kid gloves that they are obviously going to be treating Stallworth with. I'm sure he'll also have a civil suit pending as well Link to comment Share on other sites More sharing options...
OconRecon Posted May 21, 2009 Author Report Share Posted May 21, 2009 When I heard the details... I like the he "flashed his lights and honked his horn" part. How 'bout using those brakes Donte?! Link to comment Share on other sites More sharing options...
ballpeen Posted May 21, 2009 Report Share Posted May 21, 2009 I like the he "flashed his lights and honked his horn" part. How 'bout using those brakes Donte?! You have never been driving a wide road and had somebody start to cross the road in a effort to time it so you go by and they can cross the street to beat all the traffic? If the guy just darts out....sorry, you aren't expecting that....and from the photos I remember, he was stopped pretty close to where the guy was hit, so he probably was breaking...there was no where to go to the left, and with anti-skid breaks these days, you aren't going to leave a skid mark to indicate you are breaking. It will all play out Link to comment Share on other sites More sharing options...
ballpeen Posted May 21, 2009 Report Share Posted May 21, 2009 Calm down JAD...lol I assume they are lawyers and don't say much about the case, leaving it for trial. Also, I am not assuming anything. I am simply presenting some scenarios that are at least plausible and realistic. Shoot, maybe Donte was playing Death Race 2000 and though a Mexican crossing the road was worth 50 points. Point is I don't know what happened or how it played out, but it seems many are pretty eager to convict the guy without knowing what they are talking about. Link to comment Share on other sites More sharing options...
Riffer X Posted May 21, 2009 Report Share Posted May 21, 2009 Stallworth will never play for the Browns again, it is time to put that officially to rest. Link to comment Share on other sites More sharing options...
ballpeen Posted May 21, 2009 Report Share Posted May 21, 2009 Stallworth will never play for the Browns again, it is time to put that officially to rest. I tend to agree. Link to comment Share on other sites More sharing options...
ballpeen Posted May 21, 2009 Report Share Posted May 21, 2009 the fact that he's a high paid athlete I think he should have more to lose than just your normal every day guy. and I'd say the same thing if he was a politician, movie star ect. You lose me there. You don't have different levels of the law for different classes...though it seems many these days seem ready to rape and pillage anybody or anything that isn't getting federal assistance. Link to comment Share on other sites More sharing options...
daddybull1 Posted May 21, 2009 Report Share Posted May 21, 2009 Playing in the NFL is a privledge??????????? It's a damn job that a few talented people earn.... Privledge, I don't think so..... T.Dawg Link to comment Share on other sites More sharing options...
Guest mz. Posted May 21, 2009 Report Share Posted May 21, 2009 You have never been driving a wide road and had somebody start to cross the road in a effort to time it so you go by and they can cross the street to beat all the traffic? If the guy just darts out....sorry, you aren't expecting that....and from the photos I remember, he was stopped pretty close to where the guy was hit, so he probably was breaking...there was no where to go to the left, and with anti-skid breaks these days, you aren't going to leave a skid mark to indicate you are breaking. It will all play out Exactly. This isn't exactly some side street bereft of traffic. Link to comment Share on other sites More sharing options...
ballpeen Posted May 21, 2009 Report Share Posted May 21, 2009 Right. Like I said, when I read that the guy was running across a causeway, it occurred to me that Stallworth wouldn't be locked in a dungeon somewhere for this. If he hadn't been over the limit, there may have been no charges at all. He'll get aggravated DUI, I bet. There's also vehicular homicide, right? You put the two together and you end up with the 12 years being talked about. Now it looks like the vehicular homicide is what the defense is going to argue be dropped and just the DUI is going to be sought. No getting around that. Many DUI laws were hastily written under pressure from mad mothers....if you were over the limit, you were assumed at fault with everything in the world even when in some circumstances the alcohol had absolutely nothing to do with the accident...like you going through a green traffic signal and someone else runs the red. The crazy thinking was you shouldn't have been there in the first place, so if you weren't, the accident wouldn't have happened. Crazy Link to comment Share on other sites More sharing options...
Gips Posted May 22, 2009 Report Share Posted May 22, 2009 When I heard the details, I knew he wasn't doing hard time. The guy was jaywalking on a causeway where cars drive 55. It doesn't absolve Stallworth but it mitigates for sure. Now it becomes a horrifically unfortunate incident that required multiple elements... one of which was Stallworth's nominal intoxication (he wasn't trashed... wasn't it like .12?). He will be punished -- should be -- but it won't be huge. Where does he fit on the Browns' roster? No idea. If the Browns can cope with the PR issues and feel that Stallworth is truly repentant and willing to face the music, he would rank above Patten and Furrey, I'd think. He's a natural slot. Sad but true however if it was any of us that had time to flash our lights and still hit a jaywalker with our blood alcohol at 0.125 we would do 8 years or more regardless of the circumstances....hehehehehe I never had faith that stallworth could help this club to begin with so i figure its only a matter of time before the browns organization cuts him loose being he has had problems in the past not to mention the league itself does not take kindly to these kind of things... Link to comment Share on other sites More sharing options...
Riffer X Posted May 22, 2009 Report Share Posted May 22, 2009 The pressure grows yearly as the population continues to grow and more and more alcohol related accidents occur. Not to mention a tragic accident that the media gets a hold of, it puts tremendous pressure on local courts with special interest lobbyists. Mitch Albom was grandstanding after the Angels pitcher got killed claiming we shouldn't even have alcohol commercials anymore. So many people use this stuff as moral crusading and for people who like to have a few and can handle it it sucks pretty bad. Not having the ability to drive across town knowing that you'll probably blow over the limit when pulled over for some kind of make believe Bs really sucks, and the penalties will screw your life up good. Most of this is due to population increase and more drivers on the road, it's really that simple. Plus, it is a major revenue maker obviously. Not condoning driving effed up BTW. Link to comment Share on other sites More sharing options...
ballpeen Posted May 22, 2009 Report Share Posted May 22, 2009 Not condoning driving effed up BTW. I know you're not. .08 is extremely low. Most anybody can drive a vehicle at .12, and most of us probably have without any severe consequences. Face it, they aren't going to set the legal limit just below the point people are weaving...it's set at about half. I agree, the penalty v the offense is very severe. Heck, when I was a young guy the cops most times would just follow you home and tell you to sleep it off. Times change. Link to comment Share on other sites More sharing options...
HowieDawg Posted May 22, 2009 Report Share Posted May 22, 2009 Stallworth will never play for the Browns again, it is time to put that officially to rest. I wouldn't be keen on having him back on the team even if he hadn't had that accident. Link to comment Share on other sites More sharing options...
kshutchins Posted May 22, 2009 Report Share Posted May 22, 2009 Yes, he was drinking and driving, but a .126 isn't the story of a guy who got hammered and then behind the wheel. Probably means about 4 drinks, I'm guessing but time is a factor. Based on the time (early morning) could be the story of a guy who tried to sleep it off a little and thought he had. The typical male can expect a rise in BAC (Blood Alcohol content) of .02 per drink. For a smaller person or a female, it's more like .03 per drink. A more muscular person has less of a rise in BAC per drink than a person with a higher percentage of body fat. It takes about an hour for the liver to bring that back down to zero given no further drinking. .12 BAC is sufficient to impair senses, balance, and reflexes as well as judgment. At a rate of .02-.03 per hour it would have taken an additional 4-6 hours of "sleeping it off" to get back down to zero. FYI, these rules don't change for sporting events and tailgating. People who live in glass houses .... Link to comment Share on other sites More sharing options...
plumcrazy73 Posted May 22, 2009 Report Share Posted May 22, 2009 They won't release him till he legal processions are made and probably not till after the Commish makes his ruling. Don't want to convict him so to speak before they do legally. Link to comment Share on other sites More sharing options...
Sez.EJ Posted May 22, 2009 Report Share Posted May 22, 2009 I deal with decisions on car accidents every day. Florida is a pure comparitive negligence state. If another person helped contribute to their own injuries then they are liable for that % of the damages. For a different example. If you are driving without your seatbelt and bust up your face on the windshield. You are likely to be held 20 to 30% at fault for contributing to your own injury..even if the other guy is completely at fault for the accident itself. reason is..if you had your seatbelt on you may not have busted up your face on the windshield. This situation is different of course.. but if the guy was jaywalking.. he had an "assumption of risk" in otherwords..by jaywalking he is assuming a portion of the risk of crossing the street. stallworth would be less liable for hitting him. It makes perfect sense.. Stallworth is still going to be hammered for this. the question is how badly. He certainly will get tagged in any civil trial financially..criminal is a crapshoot.... as for football. Who knows... Link to comment Share on other sites More sharing options...
RPrepublic Posted May 24, 2009 Report Share Posted May 24, 2009 Just wanting to add my two cents in here but if the man was not in donte's lane (waiting to cross his lane) at the time it would make perfect sense to just flash the lights and honk the horn. i have done this before around town when someones in the median fixin to cross. Mr. Reyes had just gotten off work on the graveyard shift and was most likely dog ass tired. if he timed it wrong to cross and at the speed donte was going (around 45-55mph) there would have been tenths of a second to react. As i understand it Donte had the right of way being in his lane and whatnot. Mr. Reyes was not. not saying that Stallworth was in the clear but if Reyes were in a crosswalk it would have never happened. Just because Stallworth didnt live up to some fans expectations on the field doesnt mean he should be cruxified for his mistakes off the field. Link to comment Share on other sites More sharing options...
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