Donte Stallworth

by Simms-McConkey on Jun 17, 2009 11:53 AM EDT

"Justice is like a snake; it only bites the barefooted." -- San Salvadoran Archbishop Oscar Romero, assassinated in church March 24, 1980. Quoted as traditional by Eduardo Galeano in his brilliant book, "Upside Down."

Kill a man, get 30 days. Could it be 25 with good behavior? Can he apply for transitional supervision?

I'm not really interested in the mitigating factors of the case, although Gobs had a really eye-opening sober "other side" view in the comments. But notice: "my friend is not a superstar although he is rich."

The issue isn't really treatment of NFL stars, or in this case, even race and its influence on sentencing. It's money. Poor bastards around the country are doing months and years for petty theft and drug addiction, but if you're rich enough, frankly you can kill somebody (see: OJ.) "Hey buddy, sorry I got drunk and killed your pops. Here's $5 million. Catch me on MNF!"

It's a blatantly two-tiered system. And although we do have a somewhat racist court system and certainly a race-flawed application of the death penalty, the real issue is rich and poor.

Galeano also points out: Steal a dollar, you're a thief. Steal a million, you're a CEO. Kill a man, you're a murderer. Kill a thousand, you're a president.

That truism needs an addendum: If a rich man kills, he ends a life. If a poor man kills, he ends two.

Poll

If Donte Stallworth made $35,000 a year, his sentence would be:

Ten years or more

199 votes

A few years

160 votes

30 days and a couple million bucks

4 votes

He would have won at trial with his high-powered attorneys

3 votes

366 votes | Poll has closed

FanPosts are written by community members. This is simply a way for community members to express opinions too long to be contained in a comment.

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Comments

Isn't it a joke?

I really try to block out the Plax story, but there’s talk that he still may eventually do the 3 year minimum for his sentence.

Plax shot himself, really only killing his career (or at least putting it in a coma), Stallworth may have killed his career too, but he killed a person too. Not leg muscle tissue, an actual person.

30 days?

by FreeBradshaw on Jun 17, 2009 12:44 PM EDT reply actions

plax was offered a pretty sweet deal too

90 days + probation. The fool turned it down.

by DoctorK16 on Jun 20, 2009 11:57 AM EDT up reply actions

In his defense

I dont think he was over the limit (or right around the limit – something like that) he definitely was not smashed. They guy ran out in front of him and was not crossing in a crosswalk. Donte also stayed rather than fleeing and cooperated with police – who does that? Had this gone to trial, it would have likley been dismissed because it looked like some mistakes had been made in how it was handled.

Ive seen a $500 lawyer get a blue collar welder off a DUI just last week because there were “too many officers on the scene and it bordered on harassment” even though the guy was blackout drunk and smashed his car up going to wrong way on an off ramp, so its not just the rich and famous who get off.

by ryanwk628 on Jun 17, 2009 2:38 PM EDT reply actions

I understand there are mitigating factors

And yes, there will always be anecdotal evidence to suggest the contrary. I’m just suggesting that the preponderance of DUI manslaughter cases 2 traits: (1)The perp isn’t a millionaire, and (2) the sentence is harsher.
Further, what I am suggesting is that there is a correlation between those two things.
Nobody can really argue that having a million-dollar defense team as opposed to an overworked, court-employed pub. defender isn’t going to help. And you can’t argue that multi-million dollar payoffs to victims who must condone the plea deal isn’t a factor.
I’m a bit of a problem drinker myself, but I believe anyone who drives drunk should have their License automatically suspended for a year with or without any plea, and anyone who drives over, say, .2 should get an additional charge indicating they willfully endangered the lives of others. I guess Stallworth was “barely over,” but still: He broke the law and as a direct result a man is dead.

You play to win the game!

by Simms-McConkey on Jun 17, 2009 3:04 PM EDT up reply actions

he was over the limit

It’s dangerous to say that being drunk had no effect, your reflexes are impaired. However, I would say there a decent chance from what I read, that he still would have hit the guy if he was sober.

by queler on Jun 17, 2009 2:43 PM EDT reply actions

The headlines leave out the whole story....

Stallworth went to the DA and told him he was guilty and would comply with any punishment decided for him. Stallworth also approached the family personally and has been in constant contact and discussion with the family and the DA. The family, after several meeting with Stallworth decided that they wanted no part of a trial and they felt Stallworth was contrite and honest about his actions.

Did money change hands? Yes, of course it did but it’s not like Stallworth behaved like a spoiled, arrogant, rich athlete and that was refreshing to the family and the DA.

It shows a lot of character on Stallworths part to admit his guilt get on bended knee to the family and the DA and take what comes. One other major factor was that Stallworth is a good guy with no history of arrest. Plaxico Burress could’ve learned something from Stallworth. Had Burress come out and admit his guilt, visit the mayor and the DA and had not been a total jerk, he might have a football career.

I know a guy(a jerk) who went to jail for driving with a suspended license and I know a guy that got ticket and a court appearence for the same infraction. Neither was rich, one was apologetic and admitted his guilt, the other chose to lie and say he left the renewed one at home. How you behave when you get caught can either redeem you or end you.

by Major on Jun 17, 2009 3:04 PM EDT reply actions

Money changed hands?

So he basically bought the family off to not push the DA to go after him. No matter how you spin it, because he is rich he ultimately got off, simple as that.

by brisulph on Jun 18, 2009 7:49 AM EDT up reply actions

In Florida

We call buying people off the Legal System… Laws on things like this are very light and generaly dont carry much time if any at all, DUI Classes and probation just for a regular DUI are really expensive and thats after dropping 10grand for a good lawyer, and if your smart and know your drunk it is your right not to take the blood alcohol test and your better off not if you know your slammed…

Point being if this went to trial most of the exact same cases where you kill someone accidently(Manslaughter) and the guy you kill is also at fault/breaking the law then the manslaughter charge gets dopped and you go through a regular DUI trial and the Family has to then hire lawyers to sue your but for killing there Father/Grandfather.. so of course the family agreed to the deal, they got millions the county police and dade commishoners office get alot of cheddar from Donte and Donte dont have to go to the pokey, everyone is a little happier..

Nothing will replace the loss of this guy, no money, no light sentence for Donte, nothing is going to make it better, Donte has to live with this and see it over and over again in his head, Yeah FACES OF DEATH but in person, and the family, well you all know how’d you would feel if you lost any loved ones, the loss never leaves.. It stays with you for life… Donte’s life too

by gobs56 on Jun 18, 2009 8:17 AM EDT up reply actions

All I hear is apology upon apology for an irresponsible person who drove drunk

No excuse for it.

by brisulph on Jun 18, 2009 9:02 AM EDT up reply actions

completely un-football related

I bought my wife’s engagement ring with an insurance settlement after a was the victim of a hit and run by an unlicensed driver.
I wasn’t injured, although I did lose my coffee sprawling on the hood… Anyway, I netted a wife from it.
I’m with you on this one Bri. I’m sure Donte is a real stand-up guy when he’s not drunk-driving killing someone and fleeing the scene. Listen, there’s natural empathy because we’ve probably most of us driven while pretty near the legal intoxication level. But you know what? It’s a risk you take at your own peril and the peril of those around you, in the full knowledge that before the drive is over, you could be a killer. And if in any of my, shall we use a copout BS phrase, “youthful indiscretions,” had I killed somebody, I’d be a killer in my own mind. And, of course, I’d probably be in prison.

You play to win the game!

by Simms-McConkey on Jun 18, 2009 11:03 AM EDT up reply actions

Hit and Run

If he never ran he probably wouldnt have been charged at all.. Thats usually how we do it in South Florida, unless cops smell alcohol or think your acting drunk your in a good position… Him actually running and not calling 911 and checking on the guy is what bothers me, but the Florida laws are clear.. This happens in NYC in a big Taxi type city the laws are probably way more strict on this and he would be serving 2yrs like Vick, but its South Florida best place to get a DUI… just be nice to the cops cause some of them are equal to LA Police.. if you catch my drift…

by gobs56 on Jun 18, 2009 8:21 AM EDT reply actions

10 YEARS!?

It was an accident not premeditated murder you guys are all nuts, you rape a little boy you get 2yrs why in the hell does the Black Athlete have to serve 10yrs for DUI Manslaughter… Killing your wife in the act of cheating on you in Texas and Florida gets dropped to Manslaughter charges… Something aint right with that vote poll there guys… You need to read up on the laws of the State and County prosecuting.. No man ever in his life has served anywhere near that long for DUI Vehicular Manslaughter, specially if the person who died was also breaking the law… All my friends in there DUI situations have gotten out of it just by having a lawyer of aroung 4 to 10grand, and yes they do finace..

by gobs56 on Jun 18, 2009 11:53 AM EDT reply actions

Wasn't me, i voted a few years

I was thinking anywhere from 2-5 years given what happened. But…

I want to know who voted for winning with high-powered lawyers on a $35,000 salary? I’m mean, if it were to go to trial, everything from the retainer fees all the way to the hours spent digging this and that up. They’re going to suck you dry!

by Hootman on Jun 18, 2009 12:14 PM EDT up reply actions

I rather dislike your bringing in race

As I never saw it used here as a reason as to why he deserved jail time. I too was among the few years crowd, but that is mostly because it is likely the harshest time any athlete nowadays would ever face for doing something wrong.

by brisulph on Jun 18, 2009 12:22 PM EDT up reply actions

I also voted a few years

You play to win the game!

by Simms-McConkey on Jun 18, 2009 2:27 PM EDT up reply actions

um

“all of my friends, in their DUI situations,”

Take this lightly my friend, I don’t mean to offend, but you gotta start taking those keys!

You play to win the game!

by Simms-McConkey on Jun 18, 2009 2:28 PM EDT up reply actions

not true

A guy on Long Island is serving 25 years for driving the wrong way on the Meadowbrook while drunk and killing a 7 year old girl.

by DoctorK16 on Jun 20, 2009 12:01 PM EDT up reply actions

I remember that

I think the difference though was that that guy was so obliterated and his driving the wrong way on a parkway shows a completely reckless disregard for human life, whereas with Stallworth it sounds like this kind of accident could have happened even if he was sober.

by cjmulrain on Jun 21, 2009 11:53 AM EDT up reply actions

the victim is also

a racial minority. As a black man I do have issues with justice system, but if Stallworth got like 5-6 years he wouldn’t have a right to complain. Drunk driving is stupid and preventable, so this was no normal accident, it was a result of recklessness and should be punished. It’s no different than if Plax had shot someone else with his gun last November.

by DoctorK16 on Jun 20, 2009 12:03 PM EDT up reply actions

"Poor bastards around the country are doing months and years for petty theft and drug addiction, but if you're rich enough, frankly you can kill somebody."

Sorry, but this is totally false.

NO ONE goes to jail for “months and years” on their first offense, which this was for Stallworth. Add in the other mitigating factors, and there is nothing offensive about this resolution at all. In fact, the family will get a significant monetary recovery, at least, from Stallworth (a pathetically poor trade, I know), something they would never have gotten from a poor guy.

If you think a poor guy who ran some guy over (or used dope, or did “petty theft”) as a first offense would go to jail, you are wrong. Frankly, you are trying to turn this into some “there is no justice for the poor guy thing” when it just doesn’t fit at all. It may be that a guy with a good lawyer gets a better deal than a guy with a bad lawyer, but a lot of guilty people, rich and poor, get lenient treatment in our system, especially for the first offense or two.

by prov2002 on Jun 18, 2009 1:10 PM EDT reply actions

I'm probably overstating

the “NO ONE goes to jail” part of this. On consideration, I am sure some people get some jail time on a first offense vehicular homicide. But generally, it is not uncommon for a first offender to get little or no jail time on a DUI manslaughter where the family of the deceased is on board with the sentence and settlement, as they were here. So I don’t see any evidence of favoritism here. I’ll do a quick check on the numbers of first time DUI manslaughter offenders who get jail time.

by prov2002 on Jun 18, 2009 1:28 PM EDT up reply actions

I'm attaching a link

to a Cleveland site that discusses the sentence.

http://www.cleveland.com/browns/index.ssf/2009/06/cleveland_browns_fans_stunned.html

To summarize, there’s a lot of outrage, but an Ohio judge is quoted at length in there saying “the same [sentence] could have happened [in Ohio] because a wide range of factors comes into play in cases of drinking and driving deaths.”

My point is I don’t think this is a simple “the system screws poor people” case. A lot of guilty people of all backgrounds get lenient sentences in a whole range of offenses.

by prov2002 on Jun 18, 2009 2:06 PM EDT reply actions

A wide range of factors

And being a millionaire is one of those factors.

I understand there’s a case to be made for no jail time. I just don’t personally agree with it. DUI killing someone, fleeing the scene? Sure, there are many anecdotal cases of people receiving, or not receiving, jail time for various offenses. But they don’t together present a complete argument on the validity of the sentences.

There is one inarguable thread in all of this:
In almost all serious legal cases, the resolution is directly correlative to the quality of legal representation. The quality of representation is most often directly correlative to the retainer of the lawyers. Ergo, rich people can get better sentences because they can afford better legal representation. In this particular case, throw in a $5 million bribe to boot.

Look at the Innocence Project. Here are men convicted of murder, and set to spend their lives in prison or be executed. They are convicted with their poor legal counsel. When they are afforded quality legal representation they could not otherwise pay for, they are exonerated.

Every case is unique. But to deny the simple and obvious fact that money buys better justice is willfully ignorant of a reality that far too many poor people know.

You play to win the game!

by Simms-McConkey on Jun 18, 2009 2:26 PM EDT up reply actions

Not to open up a "big" can of worms here, but...

Donte’ was negligent to begin with…

After a night drinking at a bar in Miami Beach’s Fountainebleau hotel, police said 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 to warn Reyes. Police estimated Stallworth was driving about 50 mph in a 40 mph zone.

I’m no CSI but i’ll take their word for it. He was estimated to be driving 10mph over the posted limit! Even if they (CSI) were off a few mph, that could be the difference in the victim being here today!? If that may be the case, we might not be talking about 100’s of yards, but enough time for the victim to safely cross the road? I don’t care if he “was” jaywalking, it’s the principle of an intoxicated person behind the wheel and now they can freely run anything over. Besides the apparent speeding above the posted limit, he was by a percentage wise, above the legal limit. So how can anyone defend acts of this? MONEY!!! Not only for the affordabiltly of defense counsel, but for the civil aspect, (the family) which there would’ve or presumably been a civil suit?!

Isn’t ironic that OJ was acquitted but “vowed” to find the real perp’s in his case? How much money did he spend in defense lawyers vs. to an actual search for them? Millions-Zilch! How much time did Vick serve for an illegal dog fighting ring, at least 2-1/2 years with more for house arrest.The point here is that you can actually get away with killing someone (if you have the money) but cruelty to animals will not be accepted and you’ll pay! Either way, Vick had money and so didn’t OJ. Outcomes, entirely different. Donte’s, bought and paid for via the victims family.

The bottom line is simple. I would find this very hard to accept these sentences if all of the aforementioned were represented by lesser of attorney’s or even a simple minded public defender. Joe schmoe that makes $25,000 a year does not have the resources or collateral to make side deals!

Just like in free agency, money talks and players walk!!!

by Hootman on Jun 18, 2009 4:35 PM EDT up reply actions

thats funny

I read the same thing and said, hey he wasn’t going that fast

by queler on Jun 19, 2009 12:16 AM EDT up reply actions

One concession I can agree with

People can to some degree empathize with Stallworth because many of us have either driven at a borderline BAC or else have a friend who has. Nobody could relaly conceive of the vileness of organizing a dogfighting ring. While Stallworth’s results were, in a human-centric sense, more tragic, he was lacking the willful and premeditated nature of Vick’s crime.

You play to win the game!

by Simms-McConkey on Jun 19, 2009 10:04 AM EDT up reply actions