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Petzal: No Prison for Plaxico?
If you watch the ads that the NFL runs during commercial breaks, its players are a bunch of benevolent behemoths who spend their spare time playing games with children, rescuing kittens, and working for world peace. What the NFL does not advertise is that some of its non-benevolent behemoths spend their spare time engaged in mayhem, armed and unarmed.
The latest example of the armed variety comes courtesy of New York Giant’s wide receiver Plaxico Burress, who has not played much this year, but distinguished himself by catching the pass that won Super Bowl XLII. In the early morning hours of11/29, while at a nightclub, Burress shot himself in the leg with a .40 Glock handgun which was not legally his. (A question for Glock owners: How do you shoot yourself with one except by a long, deliberate pull on the semi-hideous trigger?)
Neither the New York Giants nor the Weill Cornell Medical Center, which treated Burress, called the cops, who learned about the shooting from news reports. However, the beans were eventually spilled and now everyone is making outraged noises, especially Mayor Bloomberg, who is beside himself. Burress is facing two felony gun charges, each of which carries a fine and jail time of 3 /12 to 15 years.
Looks grim for Plaxico, right? Well, here’s what I predict will happen: His trial date is March 31, which gives everyone 4 months in which to work out a deal. Burress will not serve a day in prison. His felonies will be bargained down to misdemeanors. He will pay a fine and do community service. He will be traded to another team. He will not be a convicted felon. Mayor Bloomberg will not have a thing to say.
On the other hand, if Burress had dropped that pass, he would now be arguing with his Attica cellmate over who should take the top bunk.
That should be 3 1/2, not 3/12.
Posted by: Dave Petzal | December 02, 2008 at 12:49 PM
Plaxico is wealthy, famous and like O.J. has enough money to hire an expensive legal team that will make it all go away.
One has to wonder if Plaxico is as stupid as O.J. and will continue to spit into the face of the law until it finally bites him on the buttocks.
Time will tell...........
Posted by: jstreet | December 02, 2008 at 01:03 PM
Plaxico has quite the reputation for spitting into the wind... This could prove interesting!
Posted by: Beekeeper | December 02, 2008 at 01:32 PM
You hit the bullseye with that one, Dave!
Posted by: Scrap5000 | December 02, 2008 at 01:37 PM
He had a teammate at the club who also said nothing to the police about it, they're trying to indict him and the hospital on obstruction of justice charges.
Posted by: Tim | December 02, 2008 at 02:41 PM
I don't object to Plaxico carrying the gun; New York, like all big cities, can be a dangerous place, and he's a wealthy, easily recognized public figure. John Lennon found out the hard way what happens to public figures who walk the streets, unprotected, in broad daylight; at a bar at night the danger factor is a lot greater. Though he is not known for his Sunday school ways, Plaxico wants to grow old and die in bed just like we do. For every job there is a perfect tool, and a Glock .40 is pretty much on the mark for legitimate self-defense.
But like Dave I wonder how he managed to shoot himself in the leg with a Glock. I can hardly imagine how he did it if the gun was in any kind of pocket holster. Maybe it was loose in his pocket (not the way to carry a gun) and got tangled up in his car keys...? We will never know. As far as the antigun press is concerned,the gun went off because that's what guns do.
Posted by: eyeball | December 02, 2008 at 02:50 PM
I don't object to Plaxico carrying the gun; New York, like all big cities, can be a dangerous place, and he's a wealthy, easily recognized public figure. John Lennon found out the hard way what happens to public figures who walk the streets, unprotected, in broad daylight; at a bar at night the danger factor is a lot greater. Though he is not known for his Sunday school ways, Plaxico wants to grow old and die in bed just like we do. For every job there is a perfect tool, and a Glock .40 is pretty much on the mark for legitimate self-defense.
But like Dave I wonder how he managed to shoot himself in the leg with a Glock. I can hardly imagine how he did it if the gun was in any kind of pocket holster. Maybe it was loose in his pocket (not the way to carry a gun) and got tangled up in his car keys...? We will never know. As far as the antigun press is concerned,the gun went off because that's what guns do.
Posted by: eyeball | December 02, 2008 at 02:50 PM
he kept that glock in the waistband of his SWEATPANTS! if your going to keep a gun there at least wear jeans or something. What an idiot
Posted by: DylanH | December 02, 2008 at 03:03 PM
The report I heard said the gun was "tucked in the waistband of his sweatpants".
Classy...
Posted by: Bob | December 02, 2008 at 03:06 PM
To Eyeball,
You don't object to Plaxico illegally carring an unlicensed weapon? Any responsible gun owner should object. If you don't like the law, change it. But please don't defend criminal actions. It only encourages the anti-gunners to lump all of us in the same basket.
Dave P - you hit the 10 ring.
Posted by: Proverbs | December 02, 2008 at 03:11 PM
Ahhhh, I love it when funny things happen to stupid people. I hope that gunshot hurt like hell. As for the prison sentence....I agree with Dave. Money may not buy happiness but it can buy freedom.
Posted by: Mike in Kansas | December 02, 2008 at 03:15 PM
if only it had an affect on the game against my redskins.....
Posted by: Tyler (NC) | December 02, 2008 at 03:39 PM
There are a lot more thugs in NYC, namely on Wall Street, that should be doing time for shooting the U.S. economy in the foot through their reckless and criminal behavior.
Hard to defend a unlicensed handgun charge. It's not like he didn't know better.
Posted by: WA Mtnhunter | December 02, 2008 at 03:49 PM
Another alternative to the DEP scenario is a conviction overturned on appeal citing the Heller decision.
Surely there exists a lawyerly argument wherein claims will be leveled that all NYC's handgun laws are unconstitutional post-Heller and as such, any prosecutions thereunder are invalid. The argument could stand that since NYC failed to modify it's laws to conform to Heller, it's current laws have no effect.
What a hoot. It could be another Supreme Court 2A decision titled: Plaxico vs. New York City.
Posted by: jack | December 02, 2008 at 04:24 PM
Plaxico’s felonies will be plea bargain down to violations [misconduct] and he’ll get a CD or ACD, pay court admin costs. He’s a big Ox, but smart enough to hire a good criminal lawyer.
If he’s smart enough to live out-of-NY…he’ll petition the Court with a Notice of Claim to get his Glock returned.
…Happens to truck drivers all the time in NY…minus the self-inflicted wound.
Posted by: Mark-1 | December 02, 2008 at 04:51 PM
If the brotha wants to fire a cap into his won ass then let him.
He probably ended up with some brass burns also.The brothas like to shoot their glocks upside down.
Posted by: Dick Mcplenty | December 02, 2008 at 05:11 PM
I didn't know about him carrying a Glock in his sweatpants. Yeah, that was a stupid thing to do. Shooting himself was even stupider. If he HAD been carrying legally he would still be liable for reckless conduct.
As far as defending illegal carrying is concerned, hey, I'm all for law and order. But if my daughter was somehow stranded late at night in the downtown area of almost any big city you can name, I would be happier if she carried than if she didn't, legal or not. Carry laws render the honest citizen helpless and trouble the bad guys not at all. Call my attitude civil disobedience if you like.
Did you see all the carnage that has been going on in India lately? All those fires and deaths were caused by less than a dozen gunmen. It should not be possible for a terrorist or lunatic to walk into the middle of a room full of innocent people and kill them all, yet it happens all the time. It does not console me that when it happens, the innocents all die law-abiding. "Better to be tried by twelve than carried by six."
Posted by: eyeball | December 02, 2008 at 05:20 PM
Its the unlicensed gun that may doom him. Remember Michael Vick? If he gets off and average Joe gets caught whats he gonna ask for a Plexico pardon?
Posted by: Jim in Mo | December 02, 2008 at 06:01 PM
i bet that if concealed carry wasnt so damn hard to get in nyc he wouldve had one. i dont blame him for taking the gun into the club but put it in a holster
Posted by: The Man | December 02, 2008 at 06:40 PM
An old timer one told me that if money don't buy happiness it sure beats out whatever is second in line. He also said that he had been poor and was now rich, he preferred rich.
Posted by: ishawooa | December 02, 2008 at 06:58 PM
Nobody cares if you shoot yourself. Hell if you can run a 4.3 40 yard dash you can shoot bouncers in Vegas strip club parking lots. Just ask Pacman Jones. $10,000,000 buys a whole bunch.
I thought I was the only one who hated those looooong pull hinged triggers judging by sales. My brother in law loves them. Give me a Sigma .40 15 rounds all day long...
Posted by: Dr. Ralph | December 02, 2008 at 07:53 PM
Dave,
I think you nailed it.No felonies. As to carrying with out a permit in NYC, he is rich,famous so he should have had one. that aside, if he was attacked and used it in self-defence we would be saying,"better to be explaining to a judge than St. Peter." But since he did some thing STUPID, he will be a butt of many jokes and tool of the antis'.
Posted by: rj | December 02, 2008 at 08:36 PM
when you're a behemoth who also runs a 4 second 40-yard dash, you should be able to pull a Glock trigger.
Posted by: O Garcia | December 02, 2008 at 09:01 PM
I dislike professional football intensely.It isn't the game itself, but the millions paid to idiots like Plaxico. Surely Plaxico could have applied for a handgun permit, could have worn pants that take a belt for a holster, could have had the sense to put the safety on...But no. Therefore we have another stupid gun trick to scoff at. If Plaxico felt his security was at stake he has the dough to hire a fleeping bodyguard (as if that behemoth needs a bodyguard). So we have an overgrown child, who makes his living playing a childrens game and has millions of dollars wasted on his ego, because he can catch a ball (so can a good dog). I could support hometown sponsored teams that paid the players reasonably and didn't trade human beings like slaves or other possessions. I could dig watching my neighbors kids playing football but professional football and the maroons who play it revolt me, as does the notion that so much money gets blown on our own gladiatorial spectical when good folks have to go without medication, food or housing. Remenber admission to the Colloseum was free to all,how many of the readers can afford even 2 tickets a year. So I have no sympathy for Plaxico, I am amused that he put a .40 slug in his own leg and I hope he misses a lot of football games in the future. What a waste! Bah, Baah! snort!
Posted by: Bella | December 02, 2008 at 09:25 PM
I wonder if his Glock has a standard or New York trigger, the latter requiring more pull to motivate the Safe Action.
Posted by: ishawooa | December 02, 2008 at 09:39 PM