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Thread: Plaxico punishment too harsh?

  1. #31
    Waitin til next year bucksfan2's Avatar
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by Chip R View Post
    I would hope so. Why in the world do they need to bring guns to these clubs in the first place?

    I wonder if Plaxico would have been treated so harshly if this had happened a year earlier or even 6 months earlier? When the Giants were the toast of the town and Plaxico wasn't such a bad actor then.
    Plax was always a bad actor, the winning just disguised that.

    My favorite Plax moment was in his rookie season. He caught a pass sliding to the ground in a game for a first down. He got up spiked the ball and started to celebrate only to see the opposing team recover the ball.

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  3. #32
    2009: Fail Ltlabner's Avatar
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    Re: Plaxico punishment too harsh?

    Is Plaxico a NY or NJ resident?
    a super volcano of ridonkulous suckitude.

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  4. #33
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by Ltlabner View Post
    Is Plaxico a NY or NJ resident?
    Actually, I think he's a Florida resident because they said he had a Florida permit to carry the gun. He also "alledgedly" went through a metal detector and was frisked going into the club and they were aware he was carrying.

    He did not have a NY permit.
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  5. #34
    Rally Onion! Chip R's Avatar
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by bucksfan2 View Post
    My favorite Plax moment was in his rookie season. He caught a pass sliding to the ground in a game for a first down. He got up spiked the ball and started to celebrate only to see the opposing team recover the ball.

    LOL.
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  6. #35
    My clutch is broken RichRed's Avatar
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    Re: Plaxico punishment too harsh?

    Plax is originally from the Green Run area of Virginia Beach, affectionately known as "Gang" Run (I work a few miles from there). A lot of his behavior would seem to indicate that sometimes, you can take the man out of the 'hood but you can't always take the 'hood out of the man.
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  7. #36
    2009: Fail Ltlabner's Avatar
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by Highlifeman21 View Post
    He should have had a holster. He should have had the saftey on (although IIRC, Plax's gun lacked a safety).
    Carrying any loaded weapon in your pocket or waistband (sometimes called "Mexican carry") without a holster is a dumb idea.

    Your comment about lacking a safety isn't quite accurate. According to one news story he had a Glock handgun. Glocks employ 3 different safety systems, however there is no external "safety switch". The "safeties" on Glocks are disengaged as the trigger is pulled, not by flicking a switch. Don't press the trigger and the gun can not and will not discharge. Press the trigger the gun fires.

    All of which makes it nothing short of retarded to carry a loaded Glock sans holster in your waistband/pocket in NYC or otherwise.

    Quote Originally Posted by NJReds View Post
    Actually, I think he's a Florida resident because they said he had a Florida permit to carry the gun.

    He did not have a NY permit.
    I'm not sure that NY recognizes Flordia's CCW permits (and in any case it was expired). Even if he had a NY state license to carry a concealed firearm, that license is not recognized by the City of New York without going through specific procedures. Also, it looks like NY CCW laws prohibit carry in bars/clubs (at least from a quick search). That's in addition to prohibiting transport of a loaded weapon in a vehicle without a CCW and public endangerment.

    All in all Plaxico violated common sense, gun safety rules and New York State and City law. Whether the punishment is "fair" relative to other crimes is a different debate, but he should be dealt with severely for being such a bonehead.
    Last edited by Ltlabner; 08-26-2009 at 06:00 PM.
    a super volcano of ridonkulous suckitude.

    I simply don't have access to a "cares about RBI" place in my psyche. There is a "mildly curious about OBI%" alcove just before the acid filled lake guarded by robot snipers with lasers which leads to the "cares about RBI" antechamber though. - Nate

  8. #37
    My clutch is broken RichRed's Avatar
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by Ltlabner View Post
    All in all Plaxico violated common sense, gun safety rules and New York State Law. Whether the punishment is "fair" relative to other crimes is a different debate, but he should be dealt with severely for being such a bonehead.
    Absolutely. And he's damn lucky that bullet didn't hit someone else; then he'd be begging for just two years in the slammer.
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  9. #38
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by Ltlabner View Post
    All in all Plaxico violated common sense, gun safety rules and New York State and City law. Whether the punishment is "fair" relative to other crimes is a different debate, but he should be dealt with severely for being such a bonehead.
    I'm not defending Plaxico. But I do believe two things:

    - The Mayor was out-of-bounds with his comments
    - An average citizen most likely avoids jail time for a first offense
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  10. #39
    2009: Fail Ltlabner's Avatar
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by NJReds View Post
    An average citizen most likely avoids jail time for a first offense
    I'm not a lawyer, however it looks like having a loaded firearm without a permit in the State of New York is a Class C Felony. Not sure how the offense taking place in the City of New York changes things as they have separate firearms laws from the State of New York.

    If his magazine held more than 10 rounds, which is possible with 2 of the 3 models of Glock's he was likely carrying, that is a class D felony.
    It is a class D felony to manufacture, transport, dispose of, or possess a large capacity ammunition feeding
    device, which N.Y. Penal Law 265.00(23) defines as "a magazine, belt, drum, feed strip, or similar device"
    manufactured after September 13, 1994, "that has a capacity of, or that can be readily restored or converted
    to accept, more than ten rounds of ammunition." Section 265.02.
    Here

    New York State has arguably the most restrictive gun laws in the US. Combine that with various classes of Felonies mentioned above and I'm thinking nobody get's off without some time in the pokey, football player or not.
    a super volcano of ridonkulous suckitude.

    I simply don't have access to a "cares about RBI" place in my psyche. There is a "mildly curious about OBI%" alcove just before the acid filled lake guarded by robot snipers with lasers which leads to the "cares about RBI" antechamber though. - Nate

  11. #40
    1st pick 2022 B.B. draft George Foster's Avatar
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by guttle11 View Post
    Being in line with what the law says doesn't necessarily mean fair. Two years for essentially taking a registered gun across state lines? Unfair. If he had registered the gun in New York he would not be going to jail. That's a pretty harsh punishment.

    The bigger issue is the mayor and prosecutor publicly saying they were going to make an example of him because he is a celebrity. That is wholly unfair. Not much different that famous people getting off easy.
    My father is a prosecutor and he said he could lose his law license for saying something like this in public. Justice is suppose to be blind, you don't make examples out of people, it goes against everything the judicial system stands for. With this being said, Martha Stewart says HI! She got screwed as well.

    Plaxico did something he was not suppose to do. Jail time...yes..in the county jail for 30-60 days. Not Prision for 2 years....NO WAY. Prision is for bad people, that have hurt other people, and had intent to hurt others. Plaxico does not fall into this catagory...not at all.

    Mayor Bloomburg believes that the only people in New York that should have hand guns are the cops that protect him.

    The moral of this story is don't live in New York.
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  12. #41
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    Re: Plaxico punishment too harsh?

    It kinda bugs me when people say that they want to make an example of people. That's just makes the judicial system seem like a joke.
    "Now that's a real shame when folks be throwin' away a perfectly good white boy like that."

  13. #42
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by George Foster View Post
    My father is a prosecutor and he said he could lose his law license for saying something like this in public. Justice is suppose to be blind, you don't make examples out of people, it goes against everything the judicial system stands for. With this being said, Martha Stewart says HI! She got screwed as well.

    Plaxico did something he was not suppose to do. Jail time...yes..in the county jail for 30-60 days. Not Prision for 2 years....NO WAY. Prision is for bad people, that have hurt other people, and had intent to hurt others. Plaxico does not fall into this catagory...not at all.

    Mayor Bloomburg believes that the only people in New York that should have hand guns are the cops that protect him.

    The moral of this story is don't live in New York.
    Of course in this case, the mayor is not a lawyer, so he doesn't have a law license to lose. And what a prosecutor wants and what a judge gives with regard to sentences are entirely different things. The prosecutor may ask for the maximum or the minimum, or whatever. However, it is the discretion of the judge as far as what sentence is to be imposed. I've only been in the practice of criminal law for a few years and already I've seen cases where the prosecutor recommended probation only to have the defendant receive close to the maximum. Likewise, I've had the prosecutor make a big show about demanding the maximum penalty and the judge gave the guy probation.

    One thing is for sure, I've rarely seen judges impose a sentence based on political pressure from non-judicial political officials. Most judges I know, when confronted with pressure by politicians outside the judicial system, are more likely to do the opposite when a mayor or police chief says what they want in the case. They take pride in their independence from the other branches of government. I'd be interested to hear what other attorneys here think, but I'm more inclined to think the judge imposed a sentence within the guidelines of the law based on the facts of the case and his own personal feelings about the severity of the crime.
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  14. #43
    Yay! dabvu2498's Avatar
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    Re: Plaxico punishment too harsh?

    Quote Originally Posted by Yachtzee View Post
    Of course in this case, the mayor is not a lawyer, so he doesn't have a law license to lose. And what a prosecutor wants and what a judge gives with regard to sentences are entirely different things. The prosecutor may ask for the maximum or the minimum, or whatever. However, it is the discretion of the judge as far as what sentence is to be imposed. I've only been in the practice of criminal law for a few years and already I've seen cases where the prosecutor recommended probation only to have the defendant receive close to the maximum. Likewise, I've had the prosecutor make a big show about demanding the maximum penalty and the judge gave the guy probation.

    One thing is for sure, I've rarely seen judges impose a sentence based on political pressure from non-judicial political officials. Most judges I know, when confronted with pressure by politicians outside the judicial system, are more likely to do the opposite when a mayor or police chief says what they want in the case. They take pride in their independence from the other branches of government. I'd be interested to hear what other attorneys here think, but I'm more inclined to think the judge imposed a sentence within the guidelines of the law based on the facts of the case and his own personal feelings about the severity of the crime.
    Well said.
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  15. #44
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    Re: Plaxico punishment too harsh?

    A couple things to consider.

    -Plaxico was carrying the gun only days after his teammate, Steve Smith, was robbed at gunpoint. That should count for something.

    -A celebrity should be treated like any other person when it comes to the judicial system, a lot of the time they treated better than the average joe but sometimes they are treated worse because someone wants to make an "example" out of them.

    This is from PFT's Mike Florio http://profootballtalk.nbcsports.com...-plaxico-case/

    Keep in mind that he is/was a lawyer, he thinks that Plaxico got a harsher punishment because the city was "Trying to send a message". Thats my problem, if its not fair to give special privileges to celebrities then it shouldn't be fair to treat them worse because of their fame.

    -Mayor Bloomberg getting himself involved was for one reason and one reason only; votes. Bloomberg probably didn't even give a crap about Plaxico, but realized that this was a great political opportunity to show that he was not only tough on crime, but also tough on celebrities.

    What Plaxico did was extremely stupid, we can all agree on that, but does that stupidity warrant a harsher sentence then your average person? I don't think so.

  16. #45
    For a Level Playing Field RedFanAlways1966's Avatar
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    Re: Plaxico punishment too harsh?

    NEW YORK -- Facing the prospect of spending at least 3 years behind bars, one-time Super Bowl star Plaxico Burress on Thursday accepted a plea bargain with a two-year prison sentence for a firearm charge.

    Burress was indicted earlier this month on two counts of criminal possession of a weapon and one count of reckless endangerment. He faced a minimum sentence of 3 years if convicted at trial.
    Let us not forget that Burress agreed to go to prison for 2 years. He was not convicted in a trial. He and his attorney must have thought it was going to be worse if it went to trial. The law is there. 3 years is the law for getting caught as he did. That law applies to all people in NYC. Can anyone present other recent NYC cases like this where the defendant was pursued much easier by the DAs in NYC? Obviously his attorney didn't have many.

    Deciding to do what he did can cause a death. Reckless. Not trained and not permitted to CCW. It is not a 2nd Amendment thing or politics, I am sure most NRA types would agree he should be punished, it is about recklessness and behaving in a manner that can cause an innocent person to die. Could be you that dies, could be your loved ones that die, could be your friends that die. I want all people, famous or not, to be punished with jail who do this. This country has a gun/violence/death problem (compare to other nations). Most are because of people who are carrying for the wrong reason. Plaxico was carrying for the wrong reason. Need a gun when out, then stay home or find a safer area to hang. It is unacceptable.

    A dumb mistake that I am sure he'd do differently. But he did it. A bullet flew out of gun that was illegally possessed in a public place. Go to stop it. Punish all who do this. Want to carry? Then do it legally. Get the required training, get the gun permit and get authorized to carry. Don't do it that way and face three felonies that carry jail time. I like the law. I am not against guns, but I am against dummies who discharge their unlawful gun in public (accidental or not).
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