Plaxico Burress

On November 28, 2008, Plaxico Burress, a wide receiver for the NFL New York Giants, accidently shot himself in the right thigh. While visiting a night club in New York City, his Glock pistol which he had tucked in his waistband began to slide down his leg. Grabbing to stop the gun, he apparently pressed the trigger discharging the gun. Burress’ injury was not serious and he was released from the hospital the next afternoon. The following Monday he turned himself in to police to face charges of criminal possession of a handgun.

In August 2009, prosecutors announced that Burress would be indicted on two counts of criminal possession of a weapon in the second degree and a single count of reckless endangerment in the second degree, both of which are felonies. About two weeks later, Burress accepted a plea deal that would put him in prison for two years with an additional two years of supervised release. He is scheduled to be sentenced on September 22, 2009.

Michael Vick

As a result of a search warrant executed as part of a drug investigation into one of Michael Vick’s relatives, Michael Vick, quarterback for the NFL Atlanta Falcons, was accused of involvement in a 6-year long interstate dog fighting and gambling ring. Vick and several others were later indicted on several federal and state felony charges related to the operation of the ring. Vick was accused of financing the operation, directly participating in dog fights and executions of dogs, and handling thousands of dollars during related gambling activities.

Vick agreed to a federal plea bargain and was sentenced to 23 months in federal prison. He was sent to the federal prison facility in Leavenworth, Kansas to serve his sentence. On May 20, 2009 Vick was released from Leavenworth after serving only 19 months on his 23-month sentence.

In Virginia, he submitted a guilty plea to a sole state felony charge for dog fighting. He received a 3 year prison sentence which was suspended for good behavior, and a $2500 fine. Other pending charges were dismissed in exchange for his plea agreement.

Donte Stallworth

On March 14, 2009 a car driven by Donte Stallworth, a wide receiver for NFL Cleveland Browns, struck and killed a pedestrian in Miami Beach. Mario Reyes, 59, was not in a crosswalk at the time of the accident. However, Stallworth was travelling 50mph in a 40 mph zone. More importantly, Stallworth was drunk at the time of the accident. He was charged with DUI and 2^nd degree manslaughter, pleaded guilty and received a sentence of 30 days in jail, 1000 hours of community service, 2 years of house arrest and 8 years probation. Stallworth was released from jail after serving only 24 days of his 30-day sentence. Subsequently, Roger Goodell, commissioner of the NFL, announced that Donte Stallworth would be suspended from the NFL for the entire 2009 season without pay.

Each of these cases perplexes me on a number of levels. First, and not the topic of this hub, is why these people who have been blessed so abundantly do things that threaten everything they have built. Now, I realize that professional athletes are people just as you and I. They are subject to the same flaws and temptations as anyone else, maybe even more so. But one would think that with so much to lose they would think long and hard before risking it all so frivolously.

The thing that perplexes me most, is just how inequitable the sentences for these crimes are. These 3 cases run the spectrum from self-inflected injury to the death of another. Plaxico Burress shoots himself and is sentenced to 2 years in prison. Michael Vick bets on dog fights and kills dogs and gets less than 2 years in prison and is out in 19 months. Donte Stallworth gets drunk, kills a human being and serves 24 days of his 30-day sentence in jail.

I understand that it is not that simple. I understand that the penalties for different crimes vary from state to state. I understand that the bullet that left Plaxico Burress’ gun could have just as easily struck and killed someone else that night. I understand that dog fighting and gambling are often linked to organized crime and that violence against animals is linked to violence against people. But in this country you are charged and tried for what actually happened not what could have happened.

I understand that DUI sentences are generally light though some states are starting to toughen up on the consequences. Many will say it is because of the diminished capacity and blurred judgment brought about by the alcohol or drugs. But I believe that the sentences are light not because of diminished capacity but because half the lawyers prosecuting these cases, and half the judges presiding over these cases, and half the jurors hearing these cases have all been there. They have all gotten behind the wheel drunk or ‘just a little buzzed’. They just didn’t get caught. They can easily see themselves behind that defendants table. They can easily see themselves losing everything so they have undue compassion for the defendant. They can’t see themselves packing an illegal weapon in a nightclub or organizing a dog fighting and gambling ring but they can see themselves driving drunk.

However, when Donte Stallworth decided to have a few drinks that night before getting behind the wheel of his car he made as much a conscious decision as when Plaxico Burress decided to stuff that gun in his waistband or when Michael Vick decided to fight dogs for money. Donte Stallworth wasn't under the influence when he first decided to start drinking.  They all made a conscious decision to do something that could cost them dearly should they get caught.

I am not saying that Plaxico Burress and Michael Vick should have gotten lighter sentences. Frankly, I think they should have gotten tougher ones. I am saying that in light of their sentences, Donte Stallworth should have received an even longer sentence. I am saying that the rich, famous and powerful seem to receive preferential treatment. Do you have any doubt that if you or I had been charged with any of these crimes we would have received longer sentences than they. I am worried that our justice system has lost measure of what is important in our society.

So am I the only one that thinks our justice system has lost its bearings? Has it strayed so far from its foundational principles that it cannot function fairly and equitably? Lady Justice is depicted blindfolded and carrying a scale. She is supposed to be blind to skin color, wealth, power or position. The scales are for weighing the evidence alone. She is supposed to be blind but not stupid.