The Punishment Did Not Fit The Crime

By Scott Daniels, Esq., NFL Draft Bible Contributor

In criminal law, the essence of retribution can be summed up in one sentence; "Let the punishment fit the crime." It's an ancient principle that dates back hundreds of years and the principle still holds true today. Severity of a crime and the punishment it deserves can certainly be debated in almost every criminal scenario, however, there is no excuse for the punishment that Donte Stallworth received after pleading guilty to DUI manslaughter last month.

In a highly publicized and controversial ruling, Stallworth was sentenced to 30 days in prison for killing a pedestrian while driving intoxicated in Miami, Florida. Stallworth's blood alcohol level was well above Florida's legal limit of .08 and Stallworth openly admitted to consuming a variety of alcoholic beverages hours before the accident took place. Stallworth claimed that 59 year old Mario Reyes had been walking outside of the designated cross-walk when the collision occurred, but Florida's strict DUI manslaughter laws provide that a defendant can be found guilty if his/her intoxication while driving caused or contributed to the death of the victim.

Even if we assume that Reyes may have contributed to his own fate by choosing not to cross the street at the designated cross-walk, Stallworth's unspeakable decision to operate his vehicle while under the influence of alcohol certainly was a factor in Reyes' death. There is no doubt it was a contributing factor. More importantly, Stallworth admitted he was a contributing factor.

So how come the sentence was so lenient?

Stallworth's admission to committing the DUI manslaughter is equivalent to a conviction. He chose to plead guilty and accept responsibility for his actions rather than roll the dice with a jury. While his plea is commendable, it doesn't hide the fact that a person's life was lost due to the Stallworth's lack of judgment. DUI manslaughter in the state of Florida carries a sentence of up to 15 years if convicted.

Stallworth admitted guilt. He acknowledged he was at fault in the death of Mario Reyes. A 30 day sentence for this crime is borderline ludicrous. And if you think that's bad, Stallworth only served 24 days and was released earlier today.

I understand that Stallworth was cooperative throughout the investigation. It's clear that Reyes' family wanted to move on from this ordeal and there's no question that Stallworth will have to live with this tragedy for the rest of his life. But I see a much larger problem with this situation.

Criminal justice serves two main purposes. Retribution and deterrence. Criminals should be punished for their actions and the sentences laid down by Judges should also serve to prevent the criminal and those alike from engaging in similar conduct. Imposing a 30 day prison sentence on a high profile NFL star for committing the crime of DUI manslaughter accomplishes neither purpose. 30 days in prison for DUI manslaughter is flat out insufficient and downright unjust. Additionally, what kind of deterrence was the Judge shooting for when he sentenced Stallworth? A light sentence like this does nothing to scare or deter future offenders. It also leads the public to believe that money and prestige can buy a favorable outcome.

The Judge who sentenced Stallworth in this case had an opportunity to make a point. He had a large platform and a national audience paying very close attention to this story. He had the ability to prove to the public that harsh consequences await those who drink and drive. He also had the ability to show that status in society and large bank accounts mean nothing in the court of law. But rather than deliver a sentence that would accurately reflect the crimes of Stallworth and send out a clear message to those who feel the need to drink and drive in the state of Florida, the Judge here felt 30 days would suffice. To call this a mistake would be an understatement of epic proportions.

Roger Goodell has decided to suspend Stallworth indefinitely and I hope the commissioner sees and understands the heinous crime that was committed here. This isn't the first time the NFL has seen this situation and I can't say whether it will be the last, but Goodell has a great opportunity to inflict a punishment that might actually deter current and future players from acting the way Stallworth did.

As for our fair and equitable criminal justice system, I only hope that Judges won't make the same mistake as this one did here.

STALLWORTH'S INCIDENT A REMINDER OF THE PAST

DUI Manslaughter. This is what Dante Stallworth is being charged with after he struck and killed a pedestrian crossing the street in Miami, Florida. Stallworth's attorney, Christopher Lyons, has stated that he will "vigorously" defend the case. As an attorney myself, I applaud Mr. Lyons' intentions, however, Stallworth doesn't have much of a defense.

For one, Stallworth's blood alcohol level of 0.12 has been officially confirmed by Miami police. And secondly, but just as important in a DUI manslaughter case, a death was a direct result of Stallworth's poor choice in driving under the influence of alcohol.

The defense will surely argue that the deceased pedestrian in this case attempted to illegally cross the street in some way, but in front of a jury, this defense will most certainly not be enough in a criminal case.

I suspect that Stallworth and his team of attorneys will try as hard as possible to enter into a plea deal, but prosecutors in Florida will be hard pressed to do so seeing that this case has already drawn a frenzy of media attention. If the Miami District Attorneys Office offers a plea deal to high profile NFL player, it will give the impression that money and status can keep anyone out of prison. The bottom line is, a human being was killed because of Stallworth's actions.

There's also the question of whether or not Stallworth will be allowed back in the NFL again. If Stallworth should be convicted of this crime, would Roger Goodell ban him for life? Maybe. But this isn't the first time we've seen something like this.

Remember Leonard Little? He was drafted in the 3rd round by the St. Louis Rams in 1998 and signed a three-year $1.2 million contract. Later that year, following a birthday party, Leonard got behind the wheel after consuming several drinks and killed a forty-seven year old woman. Leonard's blood alcohol level was 0.19. The state of Missouri's legal limit was .08. Little served 90 days in jail and received four years probation.

So how did the NFL handle Little's infractions?

He was suspended the first eight games of the 99' season and was back in the league as if his past was forgotten. In fact, in 2002, Little managed to ink a five-year $17.5 million contract with the Rams.

Back in 1999, Paul Tagliabue was commissioner and things were considerably less stringent in terms of league sanctions for off-the-field infractions. But in today's NFL, Roger Goodell has made it a point to harshly penalize those players who are unable to abide by the law.

While Stallworth's situation has a striking resemblence to Little's, Stallworth faces an uphill battle if he plans to play in the NFL again. Goodell's track record indicates that he will not be soft on Stallworth and a long, drawn out trial will only hurt him. I would not expect to see Stallworth on the playing field anytime soon.

Donte Stallworth Facing Manslaughter, DUI.....

Cleveland wide receiver Donte Stallworth is making headlines this week and for all the wrong reasons. Last weekend, Stallworth was driving to Miami beach in his luxurious Bentley when he hit and killed 59 year old Mario Reyes, a pedestrian crossing the street. Initial reports were unclear as to whether Stallworth was under the influence of drugs or alcohol and whether the Reyes had crossed at a legally designated crosswalk. But today, many major media outlets are forecasting the worst for Stallworth.

A report that has surfaced, but has yet to be officially confirmed, shows that Stallworth had a Blood Alcohol Level of .12, which is above the legal limit of .08 in Miami, Florida. Stallworth already admitted to drinking a few margaritas and shots of patron the night before, but claims he stopped drinking at midnight. Regardless of when he stopped drinking, if this report turns out to be accurate, criminal charges are almost a guarantee.

The question for prosecutors in Miami will be whether to charge Stallworth with manslaughter. If they decide to go this route, Stallworth could be facing penalties upwards of 15 years in prison. 

The investigation is obviously ongoing and the Miami District Attorney's Office has yet to confirm this damaging report, but I can assure you, if this report is accurate, Donte Stallworth's career in the NFL is in serious jeopardy.