UPDATE: The Associated Press is now reporting that Stallworth will serve 30 days in jail, followed by two years of house arrest, in addition to eight years of probation.If you kill someone with your car and blow a .126 on a Breathalyzer, it's difficult to get much better of a deal than what Cleveland Browns wide receiver Donte' Stallworth got. It's still bad for him, but it could have been worse.
Stallworth has resolved all claims relating to the events of a March 14 car crash that killed a pedestrian. Police say he had been drinking at a hotel bar and struck construction worker Mario Reyes with his Bentley. Stallworth pled guilty to DUI manslaughter, resulting in a 30-day jail sentence. He also is subject to 10 years probation and 1,000 hours of community service. Stallworth could have received 15 years in prison.
In addition, Stallworth reached a confidential settlement with the victim's family.
Here are a few thoughts about this from my background as an attorney:
The civil settlement will avoid a wrongful death suit that would have likely dragged on for a long while at great expense. Sometimes it is in the family's best interest not to ask for the toughest sentence, if the person who committed the crime has money, and by having the possibility of continued employment, can pay a settlement more easily.
Then there is the question of whether Stallworth can truly continue his employment. NFL commissioner Roger Goodell is always the wildcard in any legal situation involving NFL players, due to the league's personal conduct policy. From player to player, you never know what the punishment will be.
Speculation is that Stallworth will get a long suspension from the league, given that he had already been a part of the NFL substance abuse program in the past. That, and there is likely the concern that the NFL's punishment for driving drunk and killing someone with your car should have a stiffer penalty than being a convicted dog abuser like Michael Vick.
Reader Comments (Page 1 of 2)
6-16-2009 @ 1:57PM
aihrie said...
Unbelievable, Vick kills a few dogs and runs a gambling ring and gets 2 years or whatever in an actual prison. This guy kills an actual human being(father and husband)while drunk driving and gets a cakewalk punishment. WTF?
Reply
6-16-2009 @ 2:24PM
snajar0822 said...
He owed up to it. Vick lied about the charges and his actions were intentional. Stallworth did not intend to harm or kill anyone. He will serve his time but I am sure this will stay with him for the rest of his life. Should he have received more? His actions will be the judge of that and so far, it seems the right sentence
6-16-2009 @ 4:33PM
Stephanie Stradley said...
I think the plea deal reflects three things:
1. The prosecutions case on DUI manslaughter may have been difficult to prove. It's not enough that a driver was impaired. You have to prove that the impairment caused the accident. There was some discussion that the victim jaywalked. If prosecutors are not secure in their case, they sometimes make easier deals than if a case is what is known as a "whale." A whale case is one that is easy for prosecutors to prove because the law and facts are on the state's side. The Vick case was a whale case.
2. The disparity between the Stallworth and Vick matters comes down to intent. Stallworth perhaps intended to drink and drive but didn't intend to kill anyone on that particular evening. As I understand, Vick intentionally funded a criminal enterprise involving gambling. The law finds a difference between things that are intended and things that are not. Also, Vick had the misfortune to violate federal law. You can't mess with the feds because they have no worries prosecuting the richest people in the country because they have taxpayers money. Usually Federal laws are written in a way to make them easy to use for prosecution and have huge jail times associated with them--that they can finance involved trials with strict laws puts lot of pressure on defendants to take difficult plea agreements.
3. Hard to say if Stallworth's celebrity made this better or worse for him. Being a celeb is a mixed blessing in a criminal case--Celebs have money to fight cases but sometimes prosecutors like making examples of them. The Burress case is an example of where politicians and prosecutors seem to be doing a bit of grandstanding and asking for a harsher plea than most defendants in a similar situation receive.
Hope this information helps!
-Steph
6-16-2009 @ 6:13PM
horatiowrd said...
The intent to drink carries into the intent to commit the act while drunk. I cant get drunk, rape someone and then say "well I never intended that" especially since intent is an element of the crime.
The fact that it was an accident shouldnt matter. No one made him drink to excess.
6-16-2009 @ 2:18PM
fouritiswritten said...
hes been treated better than i have been : time to think about moving to florida
Reply
6-16-2009 @ 2:22PM
rocky said...
it is all bullshit if you or i do this to someone we go directly to jail no f____en question asked !!! all athlets are about the law i dont give a shir who they are or what sport its all the same !!
Reply
6-16-2009 @ 2:25PM
billyp01 said...
Unbelievable, Vick kills a few dogs and runs a gambling ring and gets 2 years or whatever in an actual prison.- HAHA! what a funny statement that is.. vick tortured, mutilated, drowned dogs on many occasions, ontop of the gambling ring. he did all those things to those dogs with full intent.. now im not saying stallworth didnt get off easy, cause we all know any of us non-famous rich types woulda got at least 2 years in the slammer..but you cant compare the 2.. vick got off easy if you ask me and i hope hes a changed man because of it!
Reply
6-16-2009 @ 2:28PM
chilly16 said...
FLorida really F'd this up. I thought the same thing about how Vick did more time for the dog fighting thing. STallworth killed someone. SO its OK to kill someone while you are drinking and driving as long as you are in FLorida and are weathly.
Reply
6-16-2009 @ 2:53PM
h18sticks said...
From what I've heard and read, the guy walked out in front of Stallworth and got hit. There wasn't any intent on Stallworth's part and as one said, he admitted to hitting the guy. The problem is he was drunk when it happened. He's making restitution to the family and doing his time and probabtion which I'm sure he'll be tested for alcohol among other things. Vick did what he did with intent and then lied about it. He never manned up but at least Stallworth did. Big difference!
Reply
6-16-2009 @ 3:24PM
malcomejj said...
A man kills some dogs in a sport known across the world and gets 2 years jail time. A man drives drunk kills a man pays off his family and gets 30 days..."Only in America"
Reply
6-16-2009 @ 4:05PM
machadobrad said...
Michael Vick is a scumbag who tortued and killed those animals. Wait, maybe he is the animal.
6-16-2009 @ 3:45PM
richrokosz said...
The kid who killed the cats is going to do more time than this murderer!!!
Reply
6-16-2009 @ 4:11PM
Matt Helm said...
The judge who determined the sentence was obviously paid off. What a joke. A man's life is worth 30 days, so if someone kills the judge do they get 30 days and the blessing of all America?
Reply
6-16-2009 @ 4:13PM
malcomejj said...
My Daddy always told me a drunk aint sh_t now fill in the missing letter. People have been fighting dogs since the beginning of time, and people have been driving drunk since the Romans ruled the world.
Reply
6-16-2009 @ 4:21PM
shane said...
it was ACCIDENTAL what stallworth did yes he did kill someone but for him 2 fess up nd give the victims family money thats pretty good i mean most time these days people say oh im sorry bout ur loss nd pay the court fines and serve time but for some1 to serve time plus house arrest probation for 10 years 1000 hours community service for a accidental death sounds to me like he's payin his dues i mean ya'll all make this sound like a cakewalk 4 him why dont you serve 30 days n jail 2 years house arrest 10 years probation and 1000 hours community service and then you tell me how much you like that peice of cake for a accident that anyone at anytime could've commited wether drunk or not
Reply
6-16-2009 @ 8:44PM
trezoss said...
30 days in jail ain't sit compared to any day in prison wake up idiot. Fire all the people judge n DA, it's always the fault of the selfish DUI driver.
6-16-2009 @ 9:11PM
shane said...
trust me your talkin to the wrong person to be callin a idiot my ex g/f her bestfriend drove and hit someone and killed them she had to do 72 hours community service and pay a 1500 dollar fine and guess what she wasn't drunk my point is it was still an accident the guy walked out in front of on coming traffic in both cases i do not recall one thing about either driving down the sidewalk striking someone i could see them giving him alot more time for somethin like that but it was all a accident wrong place at the wrong time you know damn well it could've been anyone driving that car at that time drunk or not
6-16-2009 @ 5:08PM
mrallenn said...
its's amazing how twisted the law and this free country lol is. i never knew an animals life was more important than a humans life but i guess i was wrong. a chinese exchange student came to visit my school one year and you know what she in there country they call us stupid americans and sometimes i can see why well we know it wasn't about the color of the skin but its about how twisted and predjudice on certain situations this u s of a can be
Reply
6-16-2009 @ 5:27PM
Angelia said...
He is even worse than Vick and THAT is hard for me to say. 10 years probation...what do you wanna bet he F's that up too?
Reply
6-16-2009 @ 5:44PM
Grer The Sarcastic Bastard said...
Had the man not jaywalked, regardless of how drunk Stallworth was, he'd be alive today. That doesn't erase the fact that Stallworth was driving drunk, but facts are facts.
Reply