In July 2009, Burress asked the grand jury for sympathy, but it indicted him anyway. Asked why he believes he failed to convince the grand jury, Burress said, "My name is Plaxico Burress and my life hasn't always been squeaky clean."

Burress seemed to contradict himself when he added, "Half of those people had no idea who I was. ... They just saw an African-American over there, sitting around, making a lot of money, carried a gun into a club and shot himself."