Dante Stallworth

[Channing]

Dante Stalworth drove drunk and killed an innocent pedestrian. He was sentenced to 30 days prison, probation, and lifetime license suspension.

I know the legal justifications for such a light sentence, but I think that is terrible. Leonard Little, also of the NFL, didnt spend one day in prison after killing an innocent pedestrian while driving drunk.

What are other opinions? Is this sentence too short? What is the disincentive?

[BlueDevilBaby]

I agree 100% with you. 30 days is rediculous. Anyone else would get several years.

[rthomas]

Guessing this has something to do with it:


Stallworth also reached a confidential financial settlement to avoid a potential lawsuit from the family of 59-year-old Mario Reyes, according to Stallworth's attorney, Christopher Lyons. Reyes was struck and killed March 14 by Stallworth, who was driving his black 2005 Bentley after a night drinking at a swanky hotel bar.

A source told ESPN's Kelly Naqi that while the financial terms of the settlement with the family have not been disclosed, Stallworth was covered by two insurance policies: a car insurance policy and a five million dollar umbrella policy.

not taking up for him and don't agree with it. Just saying....

[bjornolf]

Basically he just bought someone's life. That's disgusting, AND it sets a precedent that the rich can just buy their way out of trouble, even when a life is at stake. Sick, in my mind.

[captmojo]

Seems like contributory negligence. Could our local attorneys respond?

[Channing]

contributory negligence is a term of art referring to civil (tort law), not criminal, cases. It shouldn't be an issue in the criminal plea. In my mind, blaming the victim for contributory negligence here, when he was just crossing the street, is silly. IIRC the facts correctly, the victim wasnt trying to play real life frogger, just trying to get from one side of the street to the other, when Stalworth failed to yield and ran him down.

Also, if the financial settlement had any influence on the prosecutor or judge, then shame on them.

[YourLandlord]

The pedestrian was very drunk and ran out into a multiple lane highway in the middle of the night.

Anyone would have hit him. Stallworth was slightly above the legal limit -- was he driving drunk, technically? Yes. Did this contribute to him hitting the pedestrian? Probably not.

Thus the light sentence.

[bjornolf]

The pedestrian was drunk at 7am? My understanding was that he was going to the bus stop to catch a bus home from work at his construction job. I haven't seen anything indicating he was drunk.

http://sports.yahoo.com/nfl/news?prov=ap&slug=ap-stallworth-pedestriankilled&type=lgns

[brianl]

It will be interesting to see what Roger G's take is on this......where does this compare to bankrolling a dog fighting ring?

[Bluedog]

Stallworth was slightly above the legal limit -- was he driving drunk, technically? Yes. Did this contribute to him hitting the pedestrian? Probably not.

Slightly above? He was at .126, that's not very close to .08.


“He acted like a man,” Lyons [Stallworth's attorney] said. “He remained at the scene. He cooperated fully.”

Uh, no, he acted like a foolish boy. I agree that the sentence was far too light, but it seems like it's because the family didn't push for a harsher sentence and wanted it over with. 30 days for recklessly killing somebody? Sounds ridiculous to me. Yeah, to me, killing a human being due to negligence (although still "accidental" but stupid) is far worse than bankrolling a dog fight ring - but perhaps the penal code doesn't agree. Although I think it does to a certain extent as Stallworth cooperated, while Vick did not (pleaded not guilty until the other three co-conspirators agreed to testify against him). So, in the end, if Vick had taken responsibility perhaps his sentence would have been similar (although there was no family he could pay off...).

[Channing]

The pedestrian was drunk at 7am? My understanding was that he was going to the bus stop to catch a bus home from work at his construction job. I haven't seen anything indicating he was drunk.

http://sports.yahoo.com/nfl/news?prov=ap&slug=ap-stallworth-pedestriankilled&type=lgns

exactly - not sure where the "he was very drunk" came from. Just a guy trying to get home from his job. The post about Reyes being very drunk is just totally counter to everything I have seen and read.

[YourLandlord]

Ah. My mistake -- there were early reports that the person he hit was also drunk; I didn't follow the case closely after this.

Either way, the guy ran out into the highway at 7 AM (was it dark there then?) and got hit by a car. If you were driving that car, would you want to be accountable for his death?

Florida DUI laws state if a driver (who happens to be over the limit) is involved in an accident, but someone else contributed to causing it, the driver is not necessarily responsible.

Who caused this accident -- the person running into the middle of a busy highway, or a driver going with the flow of traffic (who performed evasive maneuvers, stopped after the accident, and completely cooperated with police)?

[Channing]

Who caused this accident -- the person running into the middle of a busy highway, or a driver going with the flow of traffic (who performed evasive maneuvers, stopped after the accident, and completely cooperated with police)?


The fact of the matter is, he was drunk. He had some drinks and decided he was fine to get behind the wheel. I see nothing about evasive maneuvers, just that he flashed his lights (wouldnt honking the horn have been a little more effective?)

Bottom line - driving drunk is an egregious lapse in judgment, and killing someone as a result deserves a much harsher sentence than 30 days prison, imo. Like I said, I know the legal justification for such a light sentence, I just don't agree with it.

[JasonEvans]

Worth noting that in addition to the 30-days in jail, Stallworth will serve 2 years of "house arrest"... though the terms of his house arrest allow him to practice and play in NFL football games. Pretty darn modest house arrest if it allows you to fly all over the country to play football games.

While I think this is a horrible tragedy, I like the fact that the prosecutor rewarded Stallworth for acting properly in the wake of the accident. A lot of people would have fled the scene or done something stupid to try to avoid responsibility.

Let me ask something-- what purpose would be served by putting Stallworth in jail for longer?

-Jason "I think a longer sentence was probably warranted, but am not so sure all this outrage is necessary" Evans

[JasonEvans]

One more thing worth noting, I think the public outrage over the short sentence will probably put extra pressure on Roger Goodell to hand down a harsh punishment from the league. I bet Stallworth gets at least an 8-game suspension.

Of course, a longer jail sentence would have resulting in Stallworth missing games while in jail anyway.

--Jason "anyone know how atypical this sentence is?" Evans

[Channing]

Let me ask something-- what purpose would be served by putting Stallworth in jail for longer?



Prison serves a duel function in our society: (1) to reform and (2) to disincentivize behavior. If there was no punishment for not paying taxes, who would pay them? IMO, drunk driving, and drunk driving that leads to vehicular homicide warrants a more stringent penalty. Yes, he cooperated with police and didnt flee the scene, but that doesnt make the act any better. I have nothing against Dante Stalworth - He may be a standup community guy. I am not petitioning for the full 15 year sentence, but 30 days ... thats what I take issue with.

[YourLandlord]

driving that leads to vehicular homicide

The point is that the pedestrian was at fault in this accident. The prosecution determined anyone driving on this highway in the dark would have hit the pedestrian, and that in a trial they would have difficulty proving guilt beyond a reasonable doubt.

[Indoor66]

For clarification, he received a sentence of 30 days in prison, 10 years probation, 1,000 hours of public service and permanent suspension of his driving privileges.

[JasonEvans]

For clarification, he received a sentence of 30 days in prison, 10 years probation, 1,000 hours of public service and permanent suspension of his driving privileges.

And 2 years of house arrest. I think that after like 7 years he can apply for some lessening of the license suspension that would allow him to drive back and forth to work.

I love the notion of a long, serious probation. That way, if this was just one time making a poor decision we do not punish the person too severely. But, if they slip up again, we really hit them hard.

--Jason "at least that is how it should work-- though I know it rarely does" Evans

[Indoor66]

And 2 years of house arrest. I think that after like 7 years he can apply for some lessening of the license suspension that would allow him to drive back and forth to work.

I love the notion of a long, serious probation. That way, if this was just one time making a poor decision we do not punish the person too severely. But, if they slip up again, we really hit them hard.

--Jason "at least that is how it should work-- though I know it rarely does" Evans

It was a terrible action and decision by him and a horrendous result, but, IMO, the punishment is appropriate. The offended party was not, apparently, without some fault, though not deserving of death.

He has made public apologized, expressed extreme anguish and regret. He has, as is possible, compensated the family, and is doing additional financial and volunteer contributions to the community, aside from the court required public service.

Additional jail does not seem warranted in this instance and would not, IMO, serve any beneficial public purpose - it would only cost a lot of money to no positive result.

[A-Tex Devil]

This is not entirely different than if Stallworth was obeying traffic laws (other than the DUI) and another car hit him, say by running a red light, and the passenger of that other car died. Yes, he would get ticketed for drunk driving, but the prosecutors clearly had a tough if not impossible causation case on the vehicular homicide. This isn't like Felony Homicide where if the police accidentally shoot a bystander while you rob a bank, you could be tried for murder.

I am not defending Stallworth at all. But he got what in most jurisdictions is a pretty stiff first time DUI sentence (death of the pedestrian aside - I know, I know, but there was no case there). Also, based on the facts I have read, he could have had a pretty good defense in a wrongful death suit, possibly evening bankrupting the family by fighting it.

Everything I've read about this situation and Stallworth's reaction to it is polar opposite of, say, Leonard Little. He deserves to be punished, but I think the outcome, both criminally and civilly is about right considering the facts we know.

ANyone in Miami care to opine what it would be like to cross that highway as a pedestrian?

[Indoor66]

ANyone in Miami care to opine what it would be like to cross that highway as a pedestrian?

IRRC the accident happened on the MacArthur Causeway. That causeway is a four lane extension of I-395 (The Dolphin Expressway, a main East-West artery in Miami) that also takes US 41 (the Tamiami Trail) across Biscayne Bay to Miami Beach in the South Beach area. It is an extremely busy, relatively high speed four lane highway crossing an island and bridges. It is not a location you expect to find pedestrians at any time.

[bjornolf]

It sounds to me like Miami-Dade county needs to make a safer way for workers to get to bus stops in the area. Who the heck puts a bus stop on the side of a major four lane highway? By four lane, do you mean four lanes EACH way, or four lanes total? I'm always confused by that.

I guess what annoys me most is that based on his type of work, he will BARELY be inconvenienced by this. All of it will occur over one off season, and he'll never miss one minute of playing time. A talk show radio guy this morning said his friend, a plumber, got 30 days for a DUI last year and lost his job cause he couldn't come in to work while he was in the poke. Donte will face nothing like that. I would have liked to see six months to be served starting September 1st so that he misses an entire NFL season. That way, he is somewhat inconvenienced. As is, this will be a blip on the radar of his life within a year.

[JasonEvans]

I guess what annoys me most is that based on his type of work, he will BARELY be inconvenienced by this. All of it will occur over one off season, and he'll never miss one minute of playing time. A talk show radio guy this morning said his friend, a plumber, got 30 days for a DUI last year and lost his job cause he couldn't come in to work while he was in the poke. Donte will face nothing like that. I would have liked to see six months to be served starting September 1st so that he misses an entire NFL season. That way, he is somewhat inconvenienced. As is, this will be a blip on the radar of his life within a year.

So you don't think the NFL will suspend him for a number of games? I am betting that he gets a 4-8 game suspension from the league. No pay for those missed games either, which will likely result in Stallworth losing a couple million dollars. That ain't chump change.

--Jason "not being able to drive for the rest of your life is inconvenient too" Evans

[Indoor66]

It sounds to me like Miami-Dade county needs to make a safer way for workers to get to bus stops in the area. Who the heck puts a bus stop on the side of a major four lane highway? By four lane, do you mean four lanes EACH way, or four lanes total? I'm always confused by that.

I guess what annoys me most is that based on his type of work, he will BARELY be inconvenienced by this. All of it will occur over one off season, and he'll never miss one minute of playing time. A talk show radio guy this morning said his friend, a plumber, got 30 days for a DUI last year and lost his job cause he couldn't come in to work while he was in the poke. Donte will face nothing like that. I would have liked to see six months to be served starting September 1st so that he misses an entire NFL season. That way, he is somewhat inconvenienced. As is, this will be a blip on the radar of his life within a year.

A work year of 8 hrs per day, 5 days per week = 2080 hrs. He must perform 1000 hours of community service. He will miss a good part of one year!

[bjornolf]

I heard he can appeal the driving thing after seven years. I know that the NFL CAN suspend, but that doesn't mean they will...and it shouldn't be Goodell's job to "complete" the punishment laid by the justice system. Vick lost TWO years of his career from the justice system, and Goodell might still suspend him. I don't think one season lost to the justice system would be too stiff for Stallworth. And the driving thing isn't that big a deal. $10 says his team hires him a driver, like the other team hired Pacman body guards to keep him out of trouble. Investment like that, the owner will take care of him in that regard.

[captmojo]

contributory negligence is a term of art referring to civil (tort law), not criminal, cases. It shouldn't be an issue in the criminal plea. In my mind, blaming the victim for contributory negligence here, when he was just crossing the street, is silly. IIRC the facts correctly, the victim wasnt trying to play real life frogger, just trying to get from one side of the street to the other, when Stalworth failed to yield and ran him down.

Also, if the financial settlement had any influence on the prosecutor or judge, then shame on them.

I left the scene after posting and I see where clarification is needed. The "contribution" I asked about is not related to the victim, but toward the charged. The pedestrian always has the "right of way" doesn't he/she?

[DukeUsul]

I left the scene after posting and I see where clarification is needed. The "contribution" I asked about is not related to the victim, but toward the charged. The pedestrian always has the "right of way" doesn't he/she?

Many states have laws against pedestrians being on controlled-access highways ... which I believe the MacArthur Causeway is.

Here's a reference (http://www.dot.state.fl.us/Safety/ped_bike/laws/ped_bike_pedLaws.shtm) to Florida's law that bans pedestrians from limited access roadways.

These laws are there to prevent these kinds of accidents from occurring. People driving at high-speed on these kinds of roads, even when sober, aren't supposed to have to watch for pedestrians.

[JasonEvans]

These laws are there to prevent these kinds of accidents from occurring. People driving at high-speed on these kinds of roads, even when sober, aren't supposed to have to watch for pedestrians.

What's more, avoiding a pedestrian on the highway while you are going 60 MPH could easily lead to more deaths and damage than just plowing the poor dude down.

--Jason "it is a pity we even have to discuss this-- poor guy should have been able to do something other than walk across a highway!" Evans

[Duke #33]

While his short 30 day jail sentence is way too short after killing a person, the rest of his punishment seems to be about right.

[bjornolf]

"it is a pity we even have to discuss this-- poor guy should have been able to do something other than walk across a highway!"

That's exactly what I wrote in my post above. Some of the onus in this case in my mind lies with the state of Florida/Miami-Dade County. I don't know the exact details of the incident, and I asked whether "four lane highway" meant two lanes each way for four total or four each way in this case, cause people seem to use those interchangeably. I also don't know if the bus stop was right there where he was crossing, or at some far away nebulous "out there" location. If it was close, who puts a bus stop next to a major highway? Why are there no tunnels or pedestrian bridges on this road if it's so major?

[SupaDave]

I guess what annoys me most is that based on his type of work, he will BARELY be inconvenienced by this. All of it will occur over one off season, and he'll never miss one minute of playing time. A talk show radio guy this morning said his friend, a plumber, got 30 days for a DUI last year and lost his job cause he couldn't come in to work while he was in the poke. Donte will face nothing like that. I would have liked to see six months to be served starting September 1st so that he misses an entire NFL season. That way, he is somewhat inconvenienced. As is, this will be a blip on the radar of his life within a year.

I'm offended by this for a number of reasons. What makes you think he isn't being inconvenienced? I personally feel that if you're a plumber then your dumb butt shouldn't be driving drunk if you know you can't handle the penalties. If that plumber is good then he can find another job - too bad he'll have to walk.

Just b/c Stallworth CAN handle the penalties (while spending some of his next generations money in the process) does not mean he is not missing key portions of his life and dealing with an insane grief. He didn't draw the process out. He didn't fight till the bitter end. He went ahead and manned up and accepted the situation for what it was. How dare you imply what is in appropiate time for someone to spend in jail. And as previously stated, this will be something that lasts in his life for a number of years.

[SupaDave]

Slightly above? He was at .126, that's not very close to .08.



Uh, no, he acted like a foolish boy. I agree that the sentence was far too light, but it seems like it's because the family didn't push for a harsher sentence and wanted it over with. 30 days for recklessly killing somebody? Sounds ridiculous to me. Yeah, to me, killing a human being due to negligence (although still "accidental" but stupid) is far worse than bankrolling a dog fight ring - but perhaps the penal code doesn't agree. Although I think it does to a certain extent as Stallworth cooperated, while Vick did not (pleaded not guilty until the other three co-conspirators agreed to testify against him). So, in the end, if Vick had taken responsibility perhaps his sentence would have been similar (although there was no family he could pay off...).

Sigh.... these are two totally different situations where the intent, cause, and charges are entirely different.

[SupaDave]

Prison serves a duel function in our society: (1) to reform and (2) to disincentivize behavior.

If only that was true...

[Channing]

What's more, avoiding a pedestrian on the highway while you are going 60 MPH could easily lead to more deaths and damage than just plowing the poor dude down.



I think it was a 40mph speed limit, where he was traveling 50.


dare you imply what is in appropiate time for someone to spend in jail. And as previously stated, this will be something that lasts in his life for a number of years.


isnt that the whole point of this thread - I didnt think it was enough time in jail. Nobody here is actually mandating he stay in jail longer than his plea agreement - we are just discussing whether *WE* believe it was fair. I am sorry if my implication offended you, but its my opinion (and well, you know what they say about opinions...).

[bjornolf]

I'm offended by this for a number of reasons. What makes you think he isn't being inconvenienced? I personally feel that if you're a plumber then your dumb butt shouldn't be driving drunk if you know you can't handle the penalties. If that plumber is good then he can find another job - too bad he'll have to walk.

Just b/c Stallworth CAN handle the penalties (while spending some of his next generations money in the process) does not mean he is not missing key portions of his life and dealing with an insane grief. He didn't draw the process out. He didn't fight till the bitter end. He went ahead and manned up and accepted the situation for what it was. How dare you imply what is in appropiate time for someone to spend in jail. And as previously stated, this will be something that lasts in his life for a number of years.

Sorry you're offended by my opinion. Just my opinion. And since none of us can get inside Donte's head, we have no idea how much grief he's feeling over this. I hope he's feeling some grief, or he'd be a borderline sociopath, but we really have no idea how much this is really bothering him. I'm betting not as much grief as the victim's daughter.

One of my dad's Air Force buddies hit a pedestrian on the interstate. Guy hid behind a bush and jumped out right in front of him at night, TRYING to commit suicide. Left a suicide note and everything. My dad's friend was just coming home from work, doing the speed limit, absolutely NOTHING he could have done to avoid it. Ruined his life. He was in therapy for years. He took up drinking. He couldn't get behind the wheel of a car for YEARS after that, all because the coward couldn't take his own life and used my dad's friend to do it for him. Just happened to be his bad luck to be the schmuck the guy happened to pick. How awful is that?

Don't get me wrong, suicide is tragic, and I think it's really sad that the guy couldn't get help. But to completely ruin an absolute stranger's life in order to accomplish it is just selfish and wrong. Similar to the people who commit suicide by cop.

[kmspeaks]

Those who wanted a stiffer punishment from the NFL may get their wish. Sportscenter just updated that Stallworth has been suspended indefinitely.

[sue71]

Those who wanted a stiffer punishment from the NFL may get their wish. Sportscenter just updated that Stallworth has been suspended indefinitely.

LINK (http://www.cnn.com/2009/CRIME/06/18/nfl.browns.stallworth.suspended/index.html)

[SupaDave]

Sorry you're offended by my opinion. Just my opinion. And since none of us can get inside Donte's head, we have no idea how much grief he's feeling over this. I hope he's feeling some grief, or he'd be a borderline sociopath, but we really have no idea how much this is really bothering him. I'm betting not as much grief as the victim's daughter.

One of my dad's Air Force buddies hit a pedestrian on the interstate. Guy hid behind a bush and jumped out right in front of him at night, TRYING to commit suicide. Left a suicide note and everything. My dad's friend was just coming home from work, doing the speed limit, absolutely NOTHING he could have done to avoid it. Ruined his life. He was in therapy for years. He took up drinking. He couldn't get behind the wheel of a car for YEARS after that, all because the coward couldn't take his own life and used my dad's friend to do it for him. Just happened to be his bad luck to be the schmuck the guy happened to pick. How awful is that?

Don't get me wrong, suicide is tragic, and I think it's really sad that the guy couldn't get help. But to completely ruin an absolute stranger's life in order to accomplish it is just selfish and wrong. Similar to the people who commit suicide by cop.

That's a real messed up story. Post-traumatic stress is very real though.

I personally have lost several of my good friends to drinking and driving - some folks went to jail and some didn't. It affected us all though. Some folks were in jail right in their very own bedrooms.

Obviously, Dante has a lot of pieces to pick up now. Here's to hoping for the best in that situation for all parties.

[bjornolf]

Just out of curiosity, didn't I just see this on the PPB?

[bjornolf]

The Miami Herald has released that Stallworth had marijuana in his system as well as alcohol when he killed the pedestrian. So he was not only driving drunk, he was high on an illegal substance. I'm a supporter of legalizing marijuana, licensing it, regulating it, and taxing the stuffing out of it. However, it is still an illegal substance. It surprises me even more that he got off with thirty days considering that.

http://www.miamiherald.com/sports/breaking-news/story/1121770.html

[YourLandlord]

The Miami Herald has released that Stallworth had marijuana in his system as well as alcohol when he killed the pedestrian. So he was not only driving drunk, he was high on an illegal substance. I'm a supporter of legalizing marijuana, licensing it, regulating it, and taxing the stuffing out of it. However, it is still an illegal substance. It surprises me even more that he got off with thirty days considering that.

http://www.miamiherald.com/sports/breaking-news/story/1121770.html

Unless it was just in his bloodstream from use weeks prior.

[Jeffrey]

The Miami Herald has released that Stallworth had marijuana in his system as well as alcohol when he killed the pedestrian. So he was not only driving drunk, he was high on an illegal substance.

I would not assume "he was high on an illegal substance" at the time of the accident. Pot can stay in your system for as long as 30 days.