I’m not an attorney… and the closest I’ve come to ‘taking the Bar’ was buying a round of drinks… Notwithstanding this, that doesn’t mean that I do not have a general understanding of our judicial system. To date, NO ONE neither on television or radio, has been able to address how it is that a man with no priors can be sentenced to 2 years in prison on NY state gun charges. Just to be clear, this isn’t an indictment on the judicial system, nor is it a ”Free Plaxico” post catered only to his supporters; BUT I can’t help but question the circumstances surrounding the severity of his sentencing. Plaxico’s arrest isn’t being questioned, as it shouldn’t be. The fact is that ‘the law is the law’; in most cases it is explained in clear language & is closed to interpretation. However, I question the legal precedent through which this case was viewed. Doug Stewart, of the “2 Live Stews” radio show, recently said on ESPN’s “First Take” (something to the effect) that only 4% of gun charges in New York City result in jail time. I’ll admit, I haven’t done the necessary research to validate this statistic; but if there is any truth to this, that over 95% of folks who are brought in on gun charges in New York (and for clarity lets assume that all of which have no prior record of arrest), either receive no serious punishment other than a few years of probation, or a minor sentencing… then how is it that Plaxico could be sentenced to 2 years in federal prison under the same assumption? (Plaxico’s interview on ESPN’s E-60)
…Listen, I was raised with a clear understanding that “If you do stupid things, be prepared to face the consequences!” Carrying a loaded weapon (with no safety latch), in a crowded public venue, with a round in the chamber… and with no holster is STUPID!! And as bad as it sounds, he’s lucky that he only shot himself, receiving a minor injury, as obviously this situation could have ended a lot worse. But consider the following: security at the night club knew that he had a weapon, and let him in with it ANYWAY! Also, to my understanding no one at the club even knew that a round had been fired, with exception of Plaxico’s teammate whom he asked to take him to the emergency room. Finally, the hospital didn’t report the incident as a crime; Plaxico was treated & sent home to sleep in his own bed. Lastly, he injured himself, which, to my point, is part of “facing the music” to a stupid decision.
In no way am I suggesting that he shouldn’t be punished legally. But for his case to be politicized by the Mayor and others made it impossible for him to receive a punishment lenient & balanced in terms of legal precident. Instead, he was sentenced to the letter of the law: 3 year minimum sentencing! Was he made an example of? ABSOLUTELY!! Does he deserve to be punished? ABSOLUTELY!! Is 2 years in jail and excessive punishment for a man with a clean record? ABSOLUTELY!!
Is this an indictment on celebrity, athletes, and those who feel that they are above the law? ______!!!
T.J. Breeden
www.iblmedia.com
