Former Giant Burress sentenced to 2 years in prison

Burress won't be able to play football until 2011
By: Jarred Powell
Sports Editor
www.theblackurbantimes.com

Ex-Giant Burress Indicted on Three Charges

By Alicia Cruz

Senior writer

Theblackurbantimes

New York City, N.Y. - Former Super Bowl hero and teamate of Plaxico Burress, Antonio Pierce is off the hook with New York City prosecutors, but hings aren't looking so good for Plaxico Burress.

Today, he was indicted on gun charges that could put him in jail for at least 3 1/2 years.

The grand jury indicted Burress on two counts of criminal possession of a weapon and one count of reckless endangerment.

The jurors did not buy Burress' claim that he did not mean to discharge his 40-caliber Glock pistol inside of a packed nightclub and accidentally shot himself in the thigh. They did not seem moved by Burress' public apology either.

Pierce told the grand jury that he helped the bleeding wide receiver and later reportedly returned the gun back to Burress' home in Totowa, NJ. If convicted on all counts, Burress stands to spend almost four to 15 years in prison. He remains free on $100,000 bail.

Remorseful Plaxico Testified Before Grand Jury Today

By Laura Italiano

Embattled former Giants wide receiver Plaxico Burress emerged this afternoon from a Manhattan courthouse after nearly three hours of testifying before a grand jury considering an indictment against him on gun possession charges.
His former teammate, Antonio Pierce, will testify before the same grand jury tomorrow morning, according to two sources familiar with the case.
Burress, meanwhile, looked and sounded contrite after his testimony.
"I was truthful, I was honest," he said afterward. "And I'm truly remorseful for what I've done, and for what happened, and for what I did.

"I just want to thank everybody -- friends and family, fans -- for their prayers and support."
Burress' lawyer, Benjamin Brafman, said his client "asked the grand jury for compassion, and understanding.
"I think it took a big man, not just physically, but a big man to come here today to acknowledge his responsibility and ask for the compassion of the people who he testified before."
Brafman said if Burress hadn't testified, he believes the grand jury's decision would've been an easy one.

VIDEO: PLAXICO ARRIVES AT THE COURTHOUSE

"My hope is now that they've seen and heard him they'll have a tougher decision," he said.
He added, "People need to understand the mitigating factors that have been overlooked by everyone, including the mayor and the district attorney. This was a lawfully purchased weapon. This was a lawfully registered weapon. He had a pistol permit in another state.
"The weapon was not used in the commission of a crime. It was not used to hurt anyone else. The only person hurt was Mr. Burress."
Plaxico and Pierce were side by side in the VIP vestibule of the Latin Quarter nightclub in Midtown last November, when Plax's .40-caliber apparently slipped down from inside his waistband, and the player, who was holding a drink in his other hand, accidentally pulled the trigger while grabbing for it.
It was the shot heard 'round the NFL. The bullet went straight through Plax's thigh, leaving him crumpled on the floor, bleeding and screaming.
The bullet cost Burress his $35 million contract, and leaves him vulnerable to a mandatory minimum sentence of 3½ years prison for felony gun possession.
A club security guard stashed Plax's Glock in the glove compartment of Pierce's Cadillac Escalade before Pierce drove off to take his bleeding teammate to the hospital -- and prosecutors may have flipped that guard to testify against Pierce, sources said.
Officials allege that after dropping Burress off at New York-Cornell hospital, Pierce drove back home to Totowa, NJ, first dropping the gun off at Plaxico's estate in the same town.

DA: Plaxico To Serve Jail Time For Gun Incident

MORGY OUT TO TACKLE PLAX
DA DEMANDING JAIL FOR GRID STAR IN ANY PLEA DEALIt's gonna be Sing Sing for Plaxico -- even if he cops to a lesser gun charge, says Manhattan District Attorney Robert Morgenthau.
Negotiations in the gun-possession case against ex-Giants wide receiver Plaxico Burress -- who accidentally shot himself in the leg at a Midtown nightclub last November -- fell apart earlier this year after prosecutors insisted he do two years' state time on a plea to a lesser gun charge, the DA told The Post.

The Super Bowl XLII star was willing to bite the bullet and do jail time, but he wouldn't agree to more than a year, the DA said.
"We've always taken the position that he's going to have to go to jail, whether by trial or by plea," the legendary DA -- who retires at year end after 34 years in office -- said, breaking his public silence about the case.
Morgenthau said his office would announce the grand jury's vote within four weeks.
The Post has also learned Giants linebacker Antonio Pierce is still on the hook for allegedly possessing his then-teammate's gun after the shooting -- and could face a jail term of his own.
Burress and Pierce were side by side in the VIP vestibule at the Midtown club Latin Quarter last November when the star receiver accidentally shot himself clear through the thigh with his own gun -- a .40-caliber Glock for which the player had an expired Florida permit.
According to law-enforcement sources, as Pierce tended to his trembling, bleeding teammate, a security worker at the club placed the blood-splattered gun in the glove compartment of Pierce's Cadillac Escalade.
Prosecutors have considered flipping the unidentified Latin Quarter security worker in hopes of nailing Pierce for allegedly bringing the Glock to Burress' Totowa, NJ, home after first driving Burress to New York-Cornell Hospital, sources said.
"To charge Antonio and immunize other individuals engaged in the same alleged conduct -- I would hope any grand jury would reject that outrageous proposition," Pierce lawyer Michael Bachner said when asked about the potential flip.
Burress' lawyer wife, Tiffany, allegedly handed the gun over to cops the next day, but she is not believed to be facing any charges.
Morgenthau did specify that no New York-Cornell medical personnel would be charged for failing in their obligation under state law to inform police about Burress' gunshot wound.
Hospital officials allowed the famous receiver to sign in under the name "Harris Smith."
Morgenthau played coy on Pierce.
"I'm not going to go into that," he said, smiling, when asked whether Burress alone faced gun-possession charges.

NY Post Full Story

Plaxico Trial Delayed Until June 15

NEW YORK - A gun possession case against New York Giants star Plaxico Burress was adjourned Tuesday until June, but his attorney said the matter could be resolved sooner if a plea agreement can be reached.
Burress accidentally shot himself in the leg with an unlicensed gun at a Manhattan nightclub last year.
The star receiver, wearing a gray suit and a light blue shirt, arrived at Manhattan Criminal Court in the company of his wife and his attorney, Benjamin Brafman.

Both sides agreed to adjourn the case to June 15 following a brief hearing before Judge Michael Yazinsky. Burress’ bail was continued.
Prosecutor John Wolfstaetter told the judge that the prosecution was continuing its investigation.
Brafman told reporters after the hearing that he had reached no plea agreement with prosecutors and said discussions were continuing. If the two sides reach an agreement, they will not necessarily wait for the scheduled court date, he said.
“If the case needs to be advanced to an earlier date it will be ...We are continuing to work our respective investigations, stay tuned,” he said.
Asked whether Burress would play for the Giants this year, Brafman said, “It’s not my decision. It’s the Giants’ decision and Plaxico’s decision. It’s not a legal decision, it’s a sports decision.
“I assume a lot will depend on how, when and if this case is resolved and June 15th is the next day we are back unless there is a reason to come back earlier.”
A person with knowledge of the case said Monday that Burress’ attorneys and prosecutors have been in discussions about a deal but remain at odds over the terms.
Burress is charged with criminal possession of a weapon in the second degree, a felony carrying a minimum prison sentence of 3½ years upon conviction.

Plaxico in Court Again: This Time He's Being Sued

By Alicia E. Cruz Staff Writer theblackurbantimes.com
As if Plaxico Burress doesn't have enough to deal with, he recently had a civil lawsuit filed against him by Alise Smith, 27, of Miami. A source in Broward County stated that Ms. Smith filed her complaint against Burress for injuries she suffered in a car crash in May. The lawsuit, filed in Broward Circuit Court, seeks damages in excess of $15,000 from Burress. The victim alleges that Burress is responsible for rear-ending her Ford Probe on an access ramp to the Florida Turnpike. Miss Smith further claims that the accident has caused her all kinds of back injuries totalling approximately $16,000 in medical bills. Upon contacting Allstate, Burress' insurance company, her attorney discovered that the company had terminated Burress' auto insurance on May 13 - three days before the accident - for non-payment of premiums. Broward County police records show that Burress was cited for careless driving.

Plaxico has been having a bad year, mi gentes.
Beginning with the accident in May followed by two incidents where Passaic County police responded to domestic disturbance calls at the Burress casita. Both times Burress' wife, Tiffany telephoned police. Police records show Tiffany Burress called police on June 2 following what she said was an argument with her husband. When officers arrived, she claimed he had grabbed her. He said his wife slapped him. Neither was arrested, but a Judge granted Tiffany Burress a temporary restraining against her husband. The order was later dismissed by a judge in Paterson, New Jersey. Police were called again on Aug. 19. According to that report, Tiffany Burress left her husband at a New York nightclub after the two got into an argument there. Plaxico Burress arrived home later and began playing loud music. Tiffany Burress called police to the house on that evening and she got another municipal order against her husband - which also was dismissed by the state court.

Plaxico and Wife, Tiffany during happier times AP Photo
Fast forward to Thanksgiving, 2008:

Burress accidentally shoots himself in his leg while partying at the Latin Quarter in Manhattan. He attempts to cover it up and ends up arrested for the gun incident and then suspended by the team for his conduct. This month, The NFL Players Association said it would file a grievance against the New York Giants regarding the team's suspension of Burress. They claim that it is a violation of the NFL's collective bargaining agreement and added that they "intend to file a grievance challenging those actions as we believe that Burress' rights have been violated under the CBA."
If it weren't for bad luck, poor Plaxico would have no luck at all it seems.

Here is some of how it breaks down. With his behavior, Burress has jeopardized at least $6.75 million worth of bonuses in his contract, and an additional $750,000 if the Giants decide to pursue bonus money already paid to him this year. He will forfeit a $100,000 bonus for each game he misses and if his shooting is found to violate his contract, which it likely does, it could potentially cost Burress in excess of $14.5 million. I wonder how the Mrs. feels about this? Bottom line is this, Burress has cooked up a mean sh-- sandwich for himself and it looks as if he's just going to have to take a big 'ol bite of it. All in all, this will be a costly lesson for him, if he learns from it.

What Burress did was reckless and consequences have to be felt.

He carried a loaded pistol into a bar and discharged it. He could have shot someone else and maybe killed or maimed them. This time it was just him. We sweep this under the rug and the next time, it may be someone else. We are not living in the jungles of Colombia or las aldeas de Guadalajara or Chihuahua, Mexico 'Drug Ops Central." He is not Clint Eastwood and he cannot walk around like he's living in a lawless society. If the average Joe Blow civilian had accidentally shot himself while drinking and partying, then went to a hospital, given a alias and was treated without the police being notified, he would have been hung by his neck before sunrise. This is why the player's union coming to his defense is so utterly ridiculous to me. By defending the indefensible they make themselves a joke and will destroy their own credibility.

PROTECTING HIS BLING?

Afraid you'll be robbed of your expensive jewelry? Don't wear it out! Or hire professional, responsible security guards to escort you out. Or better yet, patronize upscale environments where others in attendance have just as much as you if not more, so they won't even consider robbing you.
Don't want your wife calling la policia en usted? Then keep your hands at your side where they belong.
Don't want the NFL suspending or fining you? Good, then don't shrug off practice and don't get into scrapes that land you in a media frenzy thus leading to you being in violation of your contract thus leading you to be suspended.
See where I'm going with this? It's all up to YOU as the individual. Burress made poor decisions and now he's paying the price. He can't blame this on anyone but himself. The last thing Burress needs is someone stroking his back and telling him that he is a victim of the NYPD or the National Football League. He is a victim of his inability to make solid and mature decisions and maybe, just maybe he has a problem doing that because his life has been filled with a never ending parade of people trying to shield him from the consequences of his actions because of his talent and later, his fame. Now he is just going to be another statistic.
IT'S TIME TO GROW UP!
I am glad, however, to see that none of the influential black leaders in America have run to show support of Burress because his conduct has been inexplicably stupid. Their defending him for any reason would only magnify the fact that we have some very serious issues that are only symptoms of a much larger issue.
He's making in excess of me, seven of my brothers, my aunt, uncle, father, niece, ex-boyfriend and six of my neighbors income by the millions yet he has failed to pay his insurance premiums? He needs no defenders. He needs to GROW UP!
That excuse might go over with me if you're the fry girl at McDonalds making $6.20 an hour and trying to feed two children, gas up your Hyundai, pay the rent and daycare bills or a part-time employee caring for nine family members in a third world country and yourself on your $30,000.00 income alone. But when you're a millionaire, it tells me you're just flagrantly irresponsible.