If There’s Any Defense of Plaxico Burress …
Athletes are targets, Guns, NFL December 3rd. 2008, 10:00am
One of your teammates, a guy who plays the same position as you, was robbed at gunpoint in his gated community at 4 a.m. last week.
(Don’t ask what athletes are doing out at 4 am – how many late nights did you have at 23? How many more would you have had if you had a few more bucks in your pocket?)
The unknown assailant jacked your teammate of his jewelry and cash. What was said during the robbery is unknown, but it might have gone something like this: We know you rich athletes have money and ice, and we want it, and we’re willing to die tryin’.
You’re aware of this robbery, so the next time you go out, you’re going to be strapped. And why wouldn’t you be? You were packing heat when you lived in Florida, and even had a license for it. Presumably, you know how to use a weapon. Your teammate who got robbed makes considerably less money than you, and your $35 million deal was plastered in every newspaper in the tri-state region, so the nefarious individuals on the streets know you’re loaded.
You don’t want to be the next Antonie Walker, Rashard Mendanhall, or worse yet, Dunta Robinson, tied up in your own home, children and girlfriend shoved in the closet, while criminals rob the joint. So you get yourself some protection.
Should Plax have paid for his own security? Sure. But many athletes feel as if they are bulletproof and can handle themselves. Should Plax have had the weapon cocked in public? Of course not. Is he a fool? Definitely. But three and a half years for protecting yourself? Seems absurd to us. That gun goes off and kills somebody in the club? Well, that didn’t happen. It’s like the idiot who drives home drunk, putting the lives of everyone else on the road at risk. Luckily, the driver only ran into a wall and hurt himself, and nobody else.
* Full disclosure: After years of being completely anti-gun, we flip-flopped and bought a gun several months ago. Mostly as a hedge against armageddon. Enter laugh here. No carry permit yet.
163 Responses to “If There’s Any Defense of Plaxico Burress …”
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December 3rd, 2008 at 10:03 am
I just sent Bloomberg an email.. you are going down!
December 3rd, 2008 at 10:03 am
if you’re stupid enough to bring the gun into a bar, use a holster..not the waist band of your sweat pants..
December 3rd, 2008 at 10:05 am
that driver would be punished for DUI, and given the punishment that the law calls for.
you can argue that 3.5 years is too much punishment, but to say that he should be allowed to break the law because he thinks someone else MIGHT break the law is stupid.
December 3rd, 2008 at 10:05 am
This whole Steve Smith deal sounds shakey to me. He says he was robbed by his limo driver. C’mon, the limo driver? More like he refused to pay for the ride and the guy pulled a gun on him for what he was owed.
December 3rd, 2008 at 10:06 am
holsters aren’t very gangsta’
December 3rd, 2008 at 10:07 am
And about those sweatpants. I’m guessing gold velour.
December 3rd, 2008 at 10:09 am
Why didnt this Steve Smith story come out until after Plax’s incident anyway? And why wouldn’t he be able to track down this limo driver? Didnt he call him?
December 3rd, 2008 at 10:09 am
Why would you need a gun when you can already tear a phone book in half?
December 3rd, 2008 at 10:12 am
because every new yorker had their mouths firmly attached to lebron’s cock and nobody even noticed.
December 3rd, 2008 at 10:12 am
Gunzzzzz
December 3rd, 2008 at 10:12 am
easy choice. don’t go to the night club. if you must go for whatever reason don’t take your gun. don’t carry cash or wear your diamond earrings, carry a credit card with no spending limit.
December 3rd, 2008 at 10:14 am
4am is always the sign of a good night. +1 Steve Smith.
December 3rd, 2008 at 10:14 am
and another thing. while you are at the club, don’t be a bully or try to pick up someone else’s girlfriend.
December 3rd, 2008 at 10:15 am
Steve Smith was out at 4AM because he was coming back from the airport after visiting his home…or so he says…but still same shit happened to Ron Dixon a few years ago
December 3rd, 2008 at 10:15 am
After years of being completely anti-gun, we flip-flopped and bought a gun several months ago. TBL
Good for you. Now if we can just get you over your irrational fear of sharks and small engine airplanes.
December 3rd, 2008 at 10:15 am
I understand guys going out to have fun we all do it, but bringing a gun into the club was just irresponsible. I mean damn does he not know how to use the safety?
December 3rd, 2008 at 10:15 am
correction…not Ron Dixon…Tim Carter
December 3rd, 2008 at 10:15 am
@Cabbage — There’s no shortage of pro athletes getting robbed stories lately. You have to think there are many that haven’t been reported.
The point is, I can understand why any pro athlete would want to carry a weapon (legally).
Obviously the specific details of Plaxico’s case make him pretty difficult person to feel sorry for.
The penalty for this law-breaking does seem excessive. But then again, people in NYC deserve to feel safe when they go out at night. I understand the need for a strong deterrent.
December 3rd, 2008 at 10:16 am
It probably seems absurd because they way you’re framing it doesn’t make any sense. He may get 3 1/2 years (which is excessive, but IS the law; his wife’s a lawyer, right?) for discharging a loaded handgun for which he didn’t have a permit in a public setting.
December 3rd, 2008 at 10:17 am
I wonder how many guys cut deals and get probation on this charge every year in NY…seems harsh to instantly want to give this guy the max. His attorney will eat this up in appeal if they do give him max. I’m not saying he doesn’t deserve punishment, but if he is a first time offender and it’s something as minor as this, then there has to be a deal for him. The money it takes to house prisoners should be used on guys who actually pose an intentional threat to other people. He may be an idiot, and sure something worse cold have happened, but it didn’t. If it happens again, lock him up.
December 3rd, 2008 at 10:19 am
was robbed at gunpoint in his gated community at 4 a.m. last week
gated community = security cameras
at least that is how it is down here
December 3rd, 2008 at 10:20 am
sandibalz
3.5 years is the min I think the max is like 15 years so they aren’t going right for the max
December 3rd, 2008 at 10:20 am
@shawn – so if you don’t want to get robbed you can’t go out to the club. doesn’t make much sense to me. I get that he shouldn’t have been packing heat, but athletes aren’t allowed to go out now, seems kind of stupid. Everybody should be able to go out to the club and feel safe that they won’t get robbed. Rich or not, doesn’t make a difference.
December 3rd, 2008 at 10:20 am
he should’ve carried a sword instead.
December 3rd, 2008 at 10:20 am
Ding Ding Ding.
Taking an illegal gun into a public place is not a minor incident. Being such an asshole that you would tuck it into your sweatpants is disgusting.
The wife is a lawyer angle just makes it even more damning.
December 3rd, 2008 at 10:21 am
I mean damn does he not know how to use the safety?
Certain handguns don’t have what would be thought of as a traditional safety. I will agree that he obviously didn’t know how to use the weapon. The bullet was in the chamber. Dumb dumb dumb.
December 3rd, 2008 at 10:21 am
It’s this damn economy, a guy can’t even afford to have a posse any more.
December 3rd, 2008 at 10:22 am
same thing i was thinking irish. that story seems a little shady.
December 3rd, 2008 at 10:22 am
hold on, I don’t give a fuck about this guy. why are we even talking about him. Where’s ballin so I can bitch about how fucking stupid the magic are for not bothering to get a decent PG or backup again.
December 3rd, 2008 at 10:24 am
I wear my Pink sweatpants to the club in Fargo.
/fetch
December 3rd, 2008 at 10:24 am
It’s this damn economy, a guy can’t even afford to have a posse any more.
+1 cabbage
December 3rd, 2008 at 10:24 am
Again, this is not the issue. Athletes are allowed to go wherever the hell they want, just like anybody else. They are allowed to protect themselves, within the boundaries of the law. They are NOT allowed to carry an unlicensed handgun and discharge it in a club. And when they do that, like everybody else, there is going to be a consequence. Period.
December 3rd, 2008 at 10:25 am
3.5 years seems like a perfectly reasonable amount of time for firing an unregistered gun in a club.
December 3rd, 2008 at 10:26 am
Also, is that Phil Jackson in the picture above, sticking a tape recorder in Plax’s face?
December 3rd, 2008 at 10:26 am
Why the whining about the Magic? You got Shaq and Penny, what more do you need?
December 3rd, 2008 at 10:26 am
that story seems a little shady
i agree
December 3rd, 2008 at 10:26 am
athletes aren’t the only people being robbed at gun point. it’s just bigger news when the person is famous. just like every thing else these high profile people don’t think rules apply to them.
December 3rd, 2008 at 10:26 am
hasn’t he suffered enough already??? He was WOUNDED!
/douchey defense attorney
December 3rd, 2008 at 10:28 am
he should’ve carried a sword instead.
Blind fury is a great movie.
December 3rd, 2008 at 10:28 am
The vice-president SHOT SOMEONE ELSE. If this was some hick offensive lineman at his home in Texas, would he be facing the same media scrutiny or coverage?
December 3rd, 2008 at 10:29 am
Ty Duffy (not so subtly) playing the race card?
Color me shocked.
December 3rd, 2008 at 10:29 am
nobody said this. at least nobody im aware of
December 3rd, 2008 at 10:29 am
@TBL – take it from me; you don’t need a carry permit if nobody sees you carry it.
December 3rd, 2008 at 10:30 am
Also, is that Phil Jackson in the picture above, sticking a tape recorder in Plax’s face?
No, that’s Dr. Z, but Peter King is on his knees holding up Z’s arm ’cause of the stroke
/i’ll go rot in hell now
December 3rd, 2008 at 10:30 am
Also, is that Phil Jackson in the picture above, sticking a tape recorder in Plax’s face?
Mike is not lying that is Phil Jackson.
December 3rd, 2008 at 10:30 am
wrong. come on, man. it was fishy that he was brought home and the guy was essentially waiting there to rob him … but the limo guy was questioned and it was determined that he was not involved.
December 3rd, 2008 at 10:31 am
And I thought the majority of the posters here were Democrats. You should have voted Republican with the views posted here.
December 3rd, 2008 at 10:31 am
Tyduffy gets it.
December 3rd, 2008 at 10:32 am
The real mystery is, when did Drew Rosenhaus start dressing like Andrew Dice Clay?
December 3rd, 2008 at 10:32 am
Tyduffy gets it.
up the ass
/too easy
December 3rd, 2008 at 10:32 am
tell that to the tri-athlete in san diego who got gobbled up earlier this year. did you hear the story as told by the woman who was swimming right next to him? you may shit your pants.
December 3rd, 2008 at 10:33 am
that was hysterical…nicely done.
December 3rd, 2008 at 10:35 am
for discharging a loaded handgun for which he didn’t have a permit in a public setting.
accidentally.
3 1/2 seems way harsh. and i do understand the need for people to go out and feel safe. totally. he was an idiot. stupid. made a dumb decision. the fact that he had a permit in Fla i think helps him.
what is the rest of his record like? any felonies? burgalaries? robberies?
December 3rd, 2008 at 10:35 am
did you hear the story as told by the woman who was swimming right next to him?
Link?
/TBL’d
December 3rd, 2008 at 10:35 am
Well, no. Texas isn’t New York City.
I despise Dick Cheney, so don’t take this as anything political. But he had the decency to shoot someone with a legal gun. It was also obviously an accident. And his friend didn’t press charges. And he wasn’t drinking (that we are aware of).
And I also don’t think it was a public place. It was some private hunting ranch.
December 3rd, 2008 at 10:36 am
RACE WAR! RACE WAR!
December 3rd, 2008 at 10:36 am
The vice-president SHOT SOMEONE ELSE. If this was some hick offensive lineman at his home in Texas, would he be facing the same media scrutiny or coverage? Ty
Apples and Oranges. Also, Cheney’s incident got plenty of news coverage.
December 3rd, 2008 at 10:36 am
hey duffy,the hick offensive lineman got kicked off the team for using racial slurs. he didn’t shoot any one.
December 3rd, 2008 at 10:37 am
perhaps. but that’s not the case here. guy accidentally shot himself. slight difference.
December 3rd, 2008 at 10:37 am
False. It’s against the law in Texas to hunt without being sloshed.
/Per my uncle
December 3rd, 2008 at 10:38 am
accidentally.
3 1/2 seems way harsh. and i do understand the need for people to go out and feel safe. totally. he was an idiot. stupid. made a dumb decision. the fact that he had a permit in Fla i think helps him.
TBL I said this yesterday. Great Minds.
December 3rd, 2008 at 10:39 am
Matt Jones of the Jags was cutting up lines of cocaine in a seedy Arkansas parking lot in the middle of the night. curious where you think Plax’s shooting himself on accident ranks compared to that.
December 3rd, 2008 at 10:39 am
It’s EXACTLY the case.
December 3rd, 2008 at 10:39 am
I’ve got to stop listening to everything that Cowturd says.
/cursedincleveland
December 3rd, 2008 at 10:40 am
interesting.
December 3rd, 2008 at 10:40 am
TBL = Joey Porter
December 3rd, 2008 at 10:40 am
The law does not break down “accidental and intentional.”
Lets look at the facts.
Did he have a gun?
Yes
Was it concealed?
Yes
Did he fire the weapon?
Yes
No further questions, Your Honor.
December 3rd, 2008 at 10:41 am
Per Florio: If convicted on either pending charge, Burress faces a mandatory minimum sentence of 3.5 years.
So I don’t think it’s just that he discharged it — it’s that he had it on him unlicensed. And as another poster pointed out, 3 1/2 years is not throwing the book at him — it’s the minimum.
December 3rd, 2008 at 10:42 am
if you read the smoking gun documents, that isn’t the case. his finger was not on the trigger. that is firing a gun. it was in his pants when it accidentally fired.
December 3rd, 2008 at 10:42 am
Has the NRA convinced you that all Democrats want to storm into your home and take away your weapons?
I fear your answer.
December 3rd, 2008 at 10:42 am
Matt Jones of the Jags was cutting up lines of cocaine in a seedy Arkansas parking lot in the middle of the night. curious where you think Plax’s shooting himself on accident ranks compared to that
The issue isn’t Plax accidently shooting himself. The issue is an illegal weapon. Thus, in my opinion, Plax’s situation is worse. Hell, Jones got caught with coke and wasn’t a danger to anyone else. I don’t think Plax deserves three years though.
December 3rd, 2008 at 10:42 am
what is the rest of his record like? any felonies? burgalaries? robberies?
TBL: he has four sppeds since 4/08, and here’s his crib.
http://southflorida.blockshopper.com/property/484319111240/2249_ne_26th_street/
I’m on the case!
/McGuyver
December 3rd, 2008 at 10:43 am
I am a Democrat who believes in owning a firearm.
December 3rd, 2008 at 10:43 am
correct. i just took issue with the word “firing.” He did “fire” the gun. It was “discharged.” His crime – idiocy, really – is having the gun on him without a carry permit.
December 3rd, 2008 at 10:43 am
The need to feel safe? C’mon TBL you live in NYC, the greatest place on earth. It’s not like you have to walk around in some crime infested city like ………say………..Florence, SC.
December 3rd, 2008 at 10:44 am
If you would frame the discussion honestly, perhaps you’d be able to make a comparison. It’s not “shooting himself on accident” — he carried an unlicensed firearm into a public setting (this is illegal) and THEN discharged it (this, too, is illegal). Why aren’t you acknowledging the first part of the equation?
December 3rd, 2008 at 10:44 am
3.5 is fucking ridiculous. The supreme court will be involved guaranteed.
December 3rd, 2008 at 10:44 am
the democrats in tx call themselves gun toting liberals. i don’t own a gun. i hope my citizenship isn’t revoked.
December 3rd, 2008 at 10:44 am
I’m confused how that it was an accident matters at all. Sure, he shot himself accidentally, but that isn’t what he is being charged with. I could be wrong but he is charged with carry a concealed gun w/out a permit and discharging a weapon. The fact that he shot himself makes him an idiot, not a criminal. The other two things are what make him a criminal, or at least being charged as a one.
December 3rd, 2008 at 10:44 am
P.S.
EFF the NRA. They are fear mongers.
December 3rd, 2008 at 10:45 am
And I thought the majority of the posters here were Democrats. You should have voted Republican with the views posted here.
Has the NRA convinced you that all Democrats want to storm into your home and take away your weapons?
I fear your answer. Sportsdork
I think he is assuming all gun owners are Republicans. I sort of doubt Plaxico voted for Cheney.
December 3rd, 2008 at 10:45 am
There you go. And again, if I understand Florio, this alone carries a minimum 3 1/2 year sentence.
December 3rd, 2008 at 10:45 am
It went off while under his possession. That’s firing.
I can’t believe some people on here think that having your concealed, unregistered gun go off in a club should be worth less time than 3.5 years.
December 3rd, 2008 at 10:46 am
jesus fucking christ…isn’t there anything else to talk about? didn’t we have this same retarded conversation yesterday?
who cares that some moron primadonna shot himself? giants fans. end of story.
December 3rd, 2008 at 10:47 am
That he discharged and shot himself was an accident.
That gun was tucked into his freaking sweatpants waistband with the safety off (if there is one) was not an accident.
Not a lawyer, but putting a loaded weapon in your pants like that seems like wreckless endangerment, even if it was a legal weapon.
Again, he’s impossible to feel sorry for here. Even if the penalty is relatively harsh.
December 3rd, 2008 at 10:47 am
it is better than talking about the economy.
December 3rd, 2008 at 10:47 am
Spencer -
I’m always game to hear more stories about your family. Seriously. They always put a smile on my face.
December 3rd, 2008 at 10:49 am
pretty soon we will be able to talk about tx-osu.
December 3rd, 2008 at 10:52 am
I have a beretta 9 mm. it’s a nice gun but nothing special. I could load my gun with a round in the chamber and the safety off and throw it against a wall without it discharging. burress either had it cocked, or pulled the trigger as he “fumbled” it down his pants.
more important question: how close was he to blowing one of his balls off?
December 3rd, 2008 at 10:53 am
KC…none of that.
oh my.
December 3rd, 2008 at 10:56 am
I could load my gun with a round in the chamber and the safety off and throw it against a wall without it discharging.
Do it!
December 3rd, 2008 at 10:57 am
False. Giants fans threw Plax under the bus, just like the organization.
December 3rd, 2008 at 10:59 am
has he ever committed a crime with a gun? did he have a gun registered in Florida? does he not have gobs of money and, presumably, a competent lawyer? get ready to tear up when he doesn’t get 3.5 years.
clearly, you’ve never fired a gun, or refuse to read the documents. firing a gun is pulling the trigger. the gun discharged. there was 0 intent here. intentionally an idiot? you bet.
he’s allowed to have a gun. he just didn’t have a carry permit. the man is an absolute idiot, that much we know. 3.5 years unreasonable, IMO.
i’d give him 6 months, lesson learned.
December 3rd, 2008 at 11:00 am
Clown I love how they were like “were just concerned for Plaxico’s health right now” I bet they wanted him to die so they wont have to pay him.
December 3rd, 2008 at 11:01 am
having it cocked was also insanely dumb. the guy made several very dumb mistakes here. he’ll do time and learn his lesson. i just dont feel he needs to do 3 years. no intent, he felt the need to protect himself because his teammate had just gotten robbed, and he has no dangerous priors (robbery, killing, etc).
December 3rd, 2008 at 11:03 am
Clown I love how they were like “were just concerned for Plaxico’s health right now†I bet they wanted him to die so they wont have to pay him.
Tampa, that’s SO untrue and unfair!!
(Besides, even if he dies, there’s no cap relief)
/capologist’d
December 3rd, 2008 at 11:04 am
L Little kills someone while breaking the law. 90 days in jail.
December 3rd, 2008 at 11:07 am
L Little kills someone while breaking the law. 90 days in jail.
OJ beheads two people and walks.
OJ breaks into a hotel room with a gun to steal back his own things and will get life in two days (can’t wait for clown and Tampa on that one).
/welcome to the US legal system
December 3rd, 2008 at 11:09 am
OJ beheads two people and walks.
Says who?
OJ breaks into a hotel room with a gun to steal back his own things and will get life in two days
They had evidence.
December 3rd, 2008 at 11:11 am
well, considering the ridiculous damage sums he had to pay to the goldman’s, etc…civil court says he did.
oh, that and the evidence.
December 3rd, 2008 at 11:13 am
Give me a fucking break. You’re trying to tell me this guy is all of a sudden packing heat because one of his teammates was robbed? Bullshit. This is a convenient story released by some intelligent PR people to make Plax look less guilty. If Plax really did bring a gun because of his teammate, he would have said so days ago. TBL, you’re being extremely niave.
I said it yesterday, DON’T DO THE CRIME IF YOU CAN’T DO THE TIME. You live in NYC, you’re married to a lawyer, know the law before you decide to take a loaded UNREGISTERED gun to a club and shove it down the front of your elastic-waist pants.
December 3rd, 2008 at 11:14 am
Spencer if thats the evidence then why did he walk? Civil Court is racist.
December 3rd, 2008 at 11:14 am
sportsgal – The end of times is upon us; I agree with everything you just said.
December 3rd, 2008 at 11:15 am
I love how Sportsgal is always late with a solid opinion.
December 3rd, 2008 at 11:15 am
spencer: Friday should be pretty volcanic around here when the Juice is not turned loose
December 3rd, 2008 at 11:17 am
the Clifton police are in on it? you really think the Steve Smith robbery was “made up?”
other than that, i agree with crime and time, wife’s a lawyer, etc.
December 3rd, 2008 at 11:18 am
Preponderance of evidence vs. beyond a reasonable doubt. Two totally difference standards.
December 3rd, 2008 at 11:18 am
TBL: It’s a convenient story because it didnt come out when it happened, only after they thought it might help Plaxico’s defense.
December 3rd, 2008 at 11:18 am
i have no fucking idea. innocent until proven guilty…but in OJ’s case, innocent until karma fucks him over.
December 3rd, 2008 at 11:18 am
this would usually freak most guys out.
December 3rd, 2008 at 11:24 am
If no intent then why have it cocked? You’re assuming he didn’t plan on shooting someone. Maybe he’s just clumsy and fumbled the gun before he could get his shot off.
December 3rd, 2008 at 11:27 am
TBL, she meant that saying it was the reason he had a gun was convenient, not that the story was made up.
December 3rd, 2008 at 11:30 am
That’s one way to look at it. here’s another:
Tiki barber, who broke the story, is in the locker room talking to his old teammates. “Why the hell did he have a gun on him?”
Teammate: “Well, Steve Smith just got jacked at gunpoint. It’s dangerous out there. Did you see thE ESPN the Mag cover story on this top (oddly, out this week with Big Ben on the cover).”
December 3rd, 2008 at 11:30 am
We all know why OJ walked in criminal court.
December 3rd, 2008 at 11:30 am
I’m assuming he didn’t plan on shooting anyone because he’s filthy rich and would have no need to shoot someone for no reason. Plus, he’s never shot anyone before.
December 3rd, 2008 at 11:31 am
/spinster’d
December 3rd, 2008 at 11:33 am
Because the glove didn’t fit.
December 3rd, 2008 at 11:38 am
Here’s another way to look at it – A magical unicorn went in the club and ‘discharged’ the weapon with his horn. Good God.
Either way, he was carrying a concealed, unregistered weapon in a public building. That is illegal. End of story.
December 3rd, 2008 at 11:40 am
Late to the party, but a couple things:
1) He was carrying a Glock. The safety on one of those is integrated into the trigger (that’s part of the reason why they are popular with police). If a round is in the chamber and you pull the trigger, the gun goes off.
2) People are forgetting that the 3.5 years is a mandatory minimum. The judge does not have an option in the low end of the sentencing. It’s set up as a deterrent, and is not uncommon (see crack posession.
December 3rd, 2008 at 11:43 am
yup. certainly is. let’s hope his lawyer goes in with a slightly better defense.
hope and a prayer, baby.
December 3rd, 2008 at 11:43 am
/ Johnny Cochran’d
December 3rd, 2008 at 11:45 am
1. Ben and cracker jack are right, I meant the timing of the story is convenient, not that the story itself was made up to help Plax out.
2. I live in the Central time zone and usually spend my first hour plus in the office working. Hence the late comment.
3. TBL, you might be the biggest sucker on the planet if you’re feeling sorry for this moron. Plaxico thinks his fame allows him to do things like carry unregistered weapons into NYC clubs. Why should the law be any different for this guy?
December 3rd, 2008 at 11:46 am
TBL…I love Plax..I will miss him..but your rational is just trying to rationalize it…none of what you say will save him or get him plea bargained…the two counts he is charged with are for carrying a concealed weapon (mandatory 3.5 years) and carrying a concealed weapon with intent (mandatory 3.5 years) they will not be able to prove the intent which leaves the first felony charge. He has a hole through his leg. The police have the gun. Unless they get the most star struck jury of all time he is getting 3.5 years. He is now a political target first off and the law is very clear. It doesn’t matter that Steve Smith got held up. It doesn’t matter he had once had a license in FL. It doesn’t matter that it is tough out there for pro athletes or that he knew what he was doing or that he was rich or that he didn’t touch the trigger. He carried a concealed Handgun in NYC. That is a MANDATORY 3.5 years in jail. THE END. The rest of it is psychoanalysis and rationalization. Sometimes those things have nothing to do with the law. Whether you like the law or not.
December 3rd, 2008 at 11:47 am
If the glove does not fit, you must acquit…Does anyone know any Jackie Chiles quotes..
December 3rd, 2008 at 11:48 am
gg..ask Sports Hernia, he probably has them saved up in his queue or something
December 3rd, 2008 at 11:49 am
I understand the need to feel like you want protection, but let’s be realistic. If Steve Smith pulled a gun when he got jacked, maybe he gets shot himself. Maybe he kills the other person. Maybe he fires a stray bullett and hurts someone else. I suppose all athletes like to think they are superheroes, but really how many people would pull a gun on someone that is threatening them with a knife, or even worse a gun? And of those people, how many would actually fire it?
There aren’t too many good reasons to have a gun, and to carry it around in pulic.
December 3rd, 2008 at 11:51 am
gg..ask Sports Hernia, he probably has them saved up in his queue or something
GG: expect to hear a LOT of those on Friday
http://thebiglead.com/?p=9768#comment-308441
December 3rd, 2008 at 11:51 am
Who told you to put the balm on? I didn’t tell you to put the balm on!
/Hernia
December 3rd, 2008 at 11:51 am
TBL: You own a gun, I bet you know the laws about carrying, don’t you?
Know the law before you carry. If you’re that afraid for your well being, hire protection or don’t go out. Simple as that.
December 3rd, 2008 at 11:52 am
“He used to have a permit, so you must acquit”
/tbl’d
December 3rd, 2008 at 11:52 am
Posts 123 and 126 make outstanding points. Well said gentlemen.
December 3rd, 2008 at 11:53 am
I’m not rich, but I do live in a big city by myself. I don’t own a gun because it’s against the law to have a gun in the city of Chicago, so I carry around pepper spray with me. Very effective tool.
December 3rd, 2008 at 11:55 am
SG..don’t you just swat at muggers with your cane?
December 3rd, 2008 at 11:58 am
I can’t believe people think that Plaxico Burress is the only athlete carrying a gun into a club in NYC. The fact that Antonio Pierce or Ahmad Bradshaw could have stopped him from doing that and didn’t should let you into the mind of a high profile athlete. He’s the only one to get caught because it went off. How come no one is pissed at the club for not patting him down? Oh I forgot, they’re off the hook.
I really don’t care what he gets because I’ll never be carrying a gun into NYC, but there’s no way he’s getting 3.5 years for this. No chance. Also just because the minimum is 3.5 years doesn’t mean he’s getting it, he can always plead down to some different charge. Do you people not watch Law and Order?
December 3rd, 2008 at 11:58 am
I love the smarmy attitude, but there is no defense that will work.
December 3rd, 2008 at 11:59 am
@die_eagles_die — I give you Jerome McDougle (unarmed, shot in Florida during robbery/carjacking) and Sean Taylor (shot in his freaking home).
No one is denying that Plaxico broke the law. No one is denying that he is a moron.
But I think there’s at least a decent sentiment for athlete’s needing to protect themselves, and an understanding that if they do so within the bounds of the law it makes sense. These guys do have reason to be concerned for their safety. They have every right to party, they have every right go out at night.
December 3rd, 2008 at 12:05 pm
One more thing on the Steve Smith situation. Steve Smith by all acounts is a mild mannered guy. I doubt he’s going around the locker room screaming, “I got robbed at gun point” Unless people are scouring the police blotter they would probably just overlook something like that. To have that story come out now since its only about a week old and think its conevenient is ridiculous. If this Burress thing didn’t happen it NEVER would have been mentioned because that’s the way this kid is. Like someone else said here Tiki went into the locker room and someone spilled it to him when he brought up the Plax thing. Stop with the convenience angle.
December 3rd, 2008 at 12:05 pm
RS27…The LQ may lose their liquor license…that is pretty bad for a nightclub…the Dr. is suspended and my lose her license…Antonio Pierce may get charged with obstruction…Plax is certainly not the only guy who does but that doesn’t make it right. If he had a license in FL, he should know the gun laws in other states and apparently told Gary Myers he did last year which is why he can’t carry in NYC…because others do as well doesn’t make it right or legal…Plax made a choice that happened to effect the livelihood of at least one other person besides himself and may effect the nightclub owners and his teammate…As for pleaing it down…if the Mayor is in a froth during an election year (2009 is for NYC) I am sure they are not going to slip this one out with that easy
December 3rd, 2008 at 12:13 pm
Here we go, the deflect-all-blame-to-other-parties defense.
Nobody is saying they don’t. What people seem to be curiously forgetting is that alongside those two rights, they also have an obligation to obey the gun laws, just like everybody else.
He broke the law, period.
December 3rd, 2008 at 12:14 pm
I think out of state pepper spray is illegal in NYC. You could be in a similiar sitution as Plax, though penalties are grossly different…
Yes Plax appears to have broke the law but some people are acting like he should be an expert in all laws (or anyone for that matter). Do you know how large NY penal code is (not to mention Fed, NJ and FL which of course he should know inside out as well presumably)?
December 3rd, 2008 at 12:17 pm
Right. He owns and gun and has previously registered it in the state of Florida. His wife is a lawyer. He decided to take a loaded firearm into a public setting. Who would possibly expect him to be knowledgeable about the applicable laws in this situation?
December 3rd, 2008 at 12:19 pm
SM – If he is unaware (or you think it’s not common knowledge) that carrying a concealed, unregistered gun into a club is illegal, then may God help both of you.
December 3rd, 2008 at 12:29 pm
Mike- I’m not deflecting blame. I’m asking a valid question of why the club didn’t pat him down. A LOT of athletes carry guns into clubs into NYC, clubs should at least know what’s going on. and before you say that I don’t know about that. I, for a fact, have seen two NFL players carry guns into a club. Also when did I say I was defending Plax and wanted him to get off? I never said that. How about reading the comment before picking and choosing your favorite part to dissect it.
December 3rd, 2008 at 12:30 pm
@sportsdork…It is possible that both of those men had guns, and still didn’t use them. In both of those instances, it is the fact that a gun was involved that was the issue. Not that one party was lacking one. Hence the severe law like this one. They are trying to control the gun situation, and having harsh penalties like this one is a good thing.
December 3rd, 2008 at 12:31 pm
I imagine the penalty is set at 3 1/2 years because lawmakers know that defense attorneys will ALWAYS try to have the sentence commuted or talk the judge or jury down.
If this weren’t Plaxico Burress, star wide receiver, but rather “Dave Burress,” I would STILL say 3-1/2 years was a good penalty.
December 3rd, 2008 at 12:33 pm
who said anything about feeling sorry for this moron? certainly not i. you say he’s carry around a weapon because of “fame” and i think maybe it’s because his teammate was just robbed. i dont advocate carrying a weapon without a carry permit. i dont think you should bring them ‘up in the club.’
im of the opinion, as i mentioned numerous times above, the punishment (3.5 years) doesnt fit the crime in this case. that is all.
December 3rd, 2008 at 12:35 pm
I don’t take my pepper spray with me when I travel.
I really can’t stand it when people come up with excuses for other people’s behavior. “It’s the club’s fault for not patting him down! Why is no one mad at them?” Plaxico Burress is the idiot who brought the gun to the club. Why shouldn’t he be held responsible for his actions?
December 3rd, 2008 at 12:35 pm
that’s why we pay lawyers. to convey all of this.
December 3rd, 2008 at 12:36 pm
@ Roman War Helmet
Why did you and I argue yesterday when I agree with everything you are saying?
December 3rd, 2008 at 12:37 pm
Ignorance of the law is no excuse.
December 3rd, 2008 at 12:40 pm
They admitted to patting him down and finding a gun. Let him in anyway and thus the reason their liquor license will be under review.
December 3rd, 2008 at 12:40 pm
Mike- I’m not deflecting blame. I’m asking a valid question of why the club didn’t pat him down.
rs27: They did. That’s part of the problem. From the NYPost:
The players had arrived at the Latin Quarter at around midnight Saturday, and all walked through metal detectors – at which point, Burress informed security he had a gun.
He was then pulled aside and frisked, revealing a handgun tucked in the waistband of his sweatpants, sources said.
A manager was called over, and, after a brief discussion, he decided to allow Burress to keep the weapon. Burress said he needed the firearm because he was bedecked in jewelry and carrying a wad of cash.
A security guard was assigned to the players. Burress then asked to go to the VIP area and was escorted up a flight of stairs.
At some point, the gun jostled loose from the waistband, and as Burress – who was holding a drink in his hand – grabbed for it, a round went off.
here’s the whole article
http://www.nypost.com/seven/12012008/news/regionalnews/plax_bid_to_keep_his_shot_in_dark_141709.htm?page=0
December 3rd, 2008 at 12:40 pm
If that was all your post was about, then why line up the asinine defense for his actions? If it was truly about the duration of the sentence not matching the crime, then it shouldn’t matter whether or not he knew someone who got robbed, it was cocked, he felt a need to protect himself, blah, blah, blah.
December 3rd, 2008 at 12:41 pm
oh, i hadn’t even thought of leonard little, or other people who have killed folks and done hardly any time. but that stuff doesn’t really factor in here, just like plax’s history of being late to meetings and stuff like that.
the defense plax’s lawyer will use is probably to play up the athletes are targets (plenty of evidence), plax previously had a gun and a carry permit in Fla, and the accidental nature of it all. maybe saying, “dumb move, but let’s not put a guy away for three years and end his career and life because he did something stupid and only hurt himself.” personally, i think he’s got a good case. not to get burress off, but to get a reduced sentence.
December 3rd, 2008 at 12:41 pm
RS, they didn’t have to pat him down. he told them he had the gun. they brought him in a different way w/o metal detectors specifically because he had a gun.
December 3rd, 2008 at 12:42 pm
defense = what his lawyer’s defense might be. how to persuade the jury. if i were on the jury, and he lawyer went with this angle, i’d say 6 months in the slammer, lesson learned, move on.
December 3rd, 2008 at 12:52 pm
Jurors don’t decide sentencing. They decide guilt or innocence. He is clearly guilty. Sentencing is left up to the judge.
December 3rd, 2008 at 1:09 pm
Thanks JPQ. Didn’t see that.
December 3rd, 2008 at 1:21 pm
I guess the backlash against the defense, TBL, is how can you defend it? If the law is that you cannot carry concealed unregistered weapons in NYC, then that is it. He did that. The intent thing I think might drop, but the other happened. Stupidity, or the life is tough defense doesn’t change the facts. Doesn’t plant doubt on anything. It seems like Plax can only get lucky with a jury, maybe the police muddled some of the evidence, or he pleas. Because you fear for your life, is not a reason to carry an unregistered gun.
December 3rd, 2008 at 1:26 pm
Free Plaxico
December 3rd, 2008 at 1:36 pm
Never heard of ‘em
December 3rd, 2008 at 1:37 pm
Free Plaxico, give him a fine and then have him register his gun (much like you would if you are speeding with an expired license and have no priors) This then can set legal precedent so people who do not commit violent crimes with unregistered guns are punished but not considered felons. Dude is guilty of being a moron and if there can be a legal loophole for idiots then maybe Mr. Burress can see justice.
December 3rd, 2008 at 1:43 pm
MO diggs Im with you. Free Plaxico!!