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Plaxico Burress Indicted

By Jeralyn, Section Crime in the News
Posted on Mon Aug 03, 2009 at 02:37:46 PM EST
Tags: Plaxico Burress (all tags)
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Former New York Giants receiver Plaxico Burress was indicted today on state charges of possession of a loaded pistol and reckless endangerment as a result of an incident in which he shot himself in the leg at a Manhattan nightclub. He faces a mandatory minimum sentence if convicted on two of the counts.

The grand jury rejected an indictment of Antonio Pierce, who according to police, took the gun back to his home in New Jersey and then arranged for it to be returned to Burress. The gun and an empty magazine were ultimately recovered at Burress' home.

The New York County Grand Jury heard from twenty-two witnesses, including PLAXICO BURRESS and Antonio Pierce, and considered 16 exhibits. BURRESS is charged with two counts of Criminal Possession of a Weapon in the Second Degree, one for possession of a loaded firearm not in his home or place of business, and one for possession of a loaded firearm with intent to use it unlawfully against another.

[More...]

Since the 2006 revision of New York State’s gun laws, each of the weapons possession counts carries a mandatory minimum sentence of 3 1/2 years in state prison, and a maximum sentence of 15 years in state prison. On the facts of this case, the law would require that the sentences on those two charges be imposed concurrently. The charge of Reckless Endangerment carries a maximum sentence of 1 year in jail.

3.5 years sounds excessive to me for shooting yourself in the leg -- and for simply possessing a loaded firearm in a place other than your home or business. I can see the rationale behind a stiff penalty for having a loaded firearm with intent to use it unlawfully against another, but not for simple possession in a place other than your home or business. Maybe I'm misreading the press release.

Update: Reuters report here. And I'm not re-reading the press release, he's really subject to a mandatory minimum for simple possession. Jonathan Blanks at Reason wrote in December about this in Mandatory Minimums, Maximum Stupidity.

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    Plaxico Burress Indicted | 70 comments (70 topical)

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    What a waste (none / 0) (#1)
    by jimakaPPJ on Mon Aug 03, 2009 at 02:49:27 PM EST
    of resources.

    Should have let him plead and pay a stiff fine and get on with more important things.

    He testified before the grand jury (none / 0) (#2)
    by Big Tent Democrat on Mon Aug 03, 2009 at 02:50:38 PM EST
    What do you think of that decision J?

    Excellent question. (none / 0) (#4)
    by oculus on Mon Aug 03, 2009 at 02:59:07 PM EST


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    Normally I don't advise it but (none / 0) (#7)
    by Jeralyn on Mon Aug 03, 2009 at 03:07:52 PM EST
    plea negotiations had broken down and his lawyer, Ben Branfman, is excellent and knows what he is doing. Perhaps Burress had some exculpatory evidence he wanted the grand jury to hear, or some explanations, that he thought could avoid an indictment.

    Due to NY's ridiculous law enacted in the 90's making simple possession a mandatory minimum crime, he didn't have many other options.

    On the other hand, it probably deprives him of raising the defense at trial that he wasn't the one holding the gun when it discharged. The DA would have to prove that beyond a reasonable doubt at trial. I assume he would have been asked that question by the grand jury.

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    I'm glad Pierce... (none / 0) (#3)
    by kdog on Mon Aug 03, 2009 at 02:57:41 PM EST
    dodged the prosecutorial bullet...I hate to see people go down for simply helping a friend in a bind....good job grand jury.

    To think Plaxico might get 3 1/2 years in a cage boggles my mind, but my mind is always boggled at the sentences we threaten and oftentimes deliver, especially when there is no victim to be found.  What ever happened to "no harm, no foul"?

    I'm surprised Pierce was not indicted. (none / 0) (#6)
    by oculus on Mon Aug 03, 2009 at 03:02:51 PM EST
    But regarding Plaxico, hypothetically speaking are you ok with a person in a commercial indoor venue being armed with a loaded firearm and so unsavvy re sd. loaded firearm as to shoot self in leg?  

    Parent
    Big difference between (5.00 / 1) (#11)
    by Jeralyn on Mon Aug 03, 2009 at 03:08:56 PM EST
    being ok with it and providing a mandatory minimum 3.5 year sentence for it. The judge should have discretion in sentencing based on the individual facts and circumstances of the case. Here the judge will have none. That's wrong.

    Parent
    Interesting, because, as you know, (none / 0) (#17)
    by oculus on Mon Aug 03, 2009 at 03:24:51 PM EST
    there are some criminal penalties in CA which everyone thought were mandatory minimums until CA Supreme Court sd. the sentencing court always has discretion--Legislature can't take it away.

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    Good to know (none / 0) (#27)
    by MKS on Mon Aug 03, 2009 at 05:18:38 PM EST
    But most judges get appointed right from the prosecutor's office.  Not too many come from a civil litigation background, or God forbid, a criminal defense background.

    The deck is stacked.  

    I will hope to do my part to unstack it--at least a little.

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    Many former prosecutors here are (none / 0) (#30)
    by oculus on Mon Aug 03, 2009 at 06:05:32 PM EST
    appointed or elected to the bench.  Occasional criminal defense attorney.  Hard to find civil litigators in private practice who will take the substantial pay cut, but those who are willing and have a good reputation are quickly appointed.

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    Easy answer: take away his gun permit (5.00 / 1) (#26)
    by MKS on Mon Aug 03, 2009 at 05:14:48 PM EST
    No more guns for you Mr. Butterfigners.  Not enough punishment?  Fine him, make him pick up garbage for 3 or 4 months....

    I don't like the tilt towards law enforcement.  I've decided to re-tool my practice as soon as practicable to take Civil Rights cases.  The balance needs to be re-set and civil ligitation is one way to create it.

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    He didn't seem to think he needed (5.00 / 1) (#33)
    by nycstray on Mon Aug 03, 2009 at 06:21:21 PM EST
    one to own a gun and carry it into a club tucked in his track pants waistband (are those waistbands really that strong that they could actually carry a gun there? or are we on to another level of his stupidity?)

    Parent
    Oh... (5.00 / 2) (#37)
    by MileHi Hawkeye on Mon Aug 03, 2009 at 06:35:02 PM EST
    ...that's a whole 'nother level of teh stoopid.

    Running around with a loaded gun in the waistband of your track pants is a Fail of epic proportions.

    Parent

    Okay--but you really sound (5.00 / 1) (#38)
    by MKS on Mon Aug 03, 2009 at 06:35:42 PM EST
    as if you are a big law and order person....Not my view...

    There is no need for jail time here.  The offense was a careless act, not an intentional one.

    Parent