Legal Commentary

Plaxico Burress Indicted

By Jeralyn

Former New York Giants receiver Plaxico Burress was indicted today on state charges of possession of a loaded pistol and reckless endangerment as a result of an incident in which he shot himself in the leg at a Manhattan nightclub. He faces a mandatory minimum sentence if convicted on two of the counts.

The grand jury rejected an indictment of Antonio Pierce, who according to police, took the gun back to his home in New Jersey and then arranged for it to be returned to Burres. The gun and an empty magazine were ultimately recovered at Burress' home.

The New York County Grand Jury heard from twenty-two witnesses, including PLAXICO BURRESS and Antonio Pierce, and considered 16 exhibits. BURRESS is charged with two counts of Criminal Possession of a Weapon in the Second Degree, one for possession of a loaded firearm not in his home or place of business, and one for possession of a loaded firearm with intent to use it unlawfully against another.

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Since the 2006 revision of New York State’s gun laws, each of the weapons possession counts carries a mandatory minimum sentence of 3 1/2 years in state prison, and a maximum sentence of 15 years in state prison. On the facts of this case, the law would require that the sentences on those two charges be imposed concurrently. The charge of Reckless Endangerment carries a maximum sentence of 1 year in jail.

3.5 years sounds excessive to me for shooting yourself in the leg -- and for simply possessing a loaded firearm in a place other than your home or business. I can see the rationale behind a stiff penalty for having a loaded firearm with intent to use it unlawfully against another, but not for simple possession in a place other than your home or business. Maybe I'm misreading the press release.

Full post as published by TalkLeft on August 03, 2009 (boomark / email).