Taylor may face 3 years - Dallas Cowboys Forum

DBoys · 06-06-2005

http://www.washtimes.com/sports/2005...3849-8725r.htm

By Jody Foldesy
THE WASHINGTON TIMES

Washington Redskins safety Sean Taylor could face a mandatory minimum sentence of at least three years if he is convicted on a felony charge of aggravated assault with a firearm after Miami police said he pointed a gun at two people and physically assaulted one Wednesday. Taylor was arrested late Saturday night after he turned himself in to the Miami-Dade County Police Department. He was charged with aggravated assault with a firearm, a third-degree felony, and simple assault, a first-degree misdemeanor. The Associated Press reported Taylor was released yesterday on a $16,500 bond, though a police official wouldn't confirm that when reached later in the day. Taylor reportedly will be arraigned at a later date.

The mandatory minimum sentence is part of a 1999 makeover of Florida's gun laws, called "10-20-Life," by Gov. Jeb Bush. To get tough on gun crime, Florida instituted mandatory minimum sentences of 10 years if a person possesses a gun while committing certain crimes, 20 years if the gun is fired and 25 years to life if someone is shot. According to the Florida state code chapter 775.087, aggravated assault is one of 18 crimes to which the mandatory minimum sentences apply but also one of three in which the sentence is just three years at the "10" level. However, the loophole closes at the "20" level, when a gun is fired.

That could be a crucial distinction in Taylor's case. Police said Friday that they were seeking Taylor in connection with a "shooting" in southern Dade County. They said shots were fired during a dispute in a residential area but that no one was hurt. However, a press release yesterday from the police department made no mention of whether Taylor fired any shots or whether any shots even were fired. It specifically said Taylor pointed a firearm at two victims and that no shots were fired at that time. There was a second phase of the incident, and it is possible shots were fired at that time without being noted in the press release. An official at the police department declined to answer questions about the press release. If Taylor indeed fired the gun during the incident, he would face a mandatory minimum sentence of 20 years -- 17 more than if he did not fire the gun.

A message wasn't immediately returned from the state attorney's office to confirm the application of the "10-20-Life" law. The applicability of the law was first reported by profootballtalk.com, a Web log that focuses on NFL news.
The second charge, simple battery, carries a sentence not exceeding one year. According to the press release, the incident began Wednesday evening when Taylor drove his blue 2005 Yukon Denali to an area in southern Dade County. He was accompanied by Charles Elwood Caughman of Baltimore and several other unidentified individuals. Some members of the group were in a second vehicle.
Taylor accused the two victims of stealing a pair of all-terrain vehicles, according to the press release. He pointed a gun at them and demanded his property be returned. No shots were fired. Taylor's group left the scene and returned about 10 minutes later. Taylor got out of the car and "physically assaulted one victim with his fists," the press release said. Caughman wielded a baseball bat as he chased the second victim. The second victim was not struck. Taylor's group then fled the scene again.
The press release noted that police hadn't determined whether the victims were involved in any theft and that Caughman was arrested and charged with aggravated assault Wednesday night.

The Redskins commented briefly Saturday night to say that they were aware of Taylor's situation and were monitoring it through Taylor's representatives. Agent Drew Rosenhaus declined comment last night. Coral Gables attorney Fred Moldovan, who reportedly accompanied Taylor to the police station, did not return a call seeking comment.

Taylor has made repeated missteps off the field since Washington drafted him fifth overall in 2004. Last October he was arrested for DUI on the Capital Beltway, though he eventually was acquitted on both charges related to the incident. He also showed up late for the NFL's rookie symposium and was accused of spitting on an opponent, among other dubious moves.

DanTanna · 06-06-2005

I would not settle for anything less than 5 yrs.

Yeagermeister · 06-06-2005

I'll be shocked if he spend 1 hour in jail.

1fisher · 06-06-2005

I'm sure this will not get as much publicity because a Cowboy player is not involved....... Cheers to Bill for cleaning out the scum............

Chocolate Lab · 06-06-2005

Quote:

Originally Posted by Yeagermeister

I'll be shocked if he spend 1 hour in jail.

Exactly... I don't care if the mandatory sentence is 40 years at Alcatraz; Taylor won't be convicted, so it won't matter anyway.

The question then will be, does he see his escape as yet another example of how he's bigger than any authority? Seeing how he's conducted himself so far, the answer is probably yes. Which means more fun for the Skins down the road.

yesfan · 06-06-2005

They'll concoct some story where he'll be found to be
an innocent bystander and some fool will step up and
take the blame for him.I'm curious to see what,if anything,
the team does with him.

Dye · 06-06-2005

i would be surprised if he ends up serving any jail time. without indisputable evidence and from a credible witness to testify, he ain't gonna get convicted.

if we had any justice in this world, this guy would be serving mandatory time and made an example of to all the atheletes who continue to think they're above the law!

jumanji · 06-06-2005

credible evidence - ballistics testing. you can tell for 2 to 3 days if someone has fired a gun and you can even match it to the specific gun. from what i've read, there is a way to cleanse yourself, but i can't remember what it was.

Hostile · 06-06-2005

Quote:

Originally Posted by Yeagermeister

I'll be shocked if he spend 1 hour in jail.

Me too. They haven't proven anything yet.

Duane · 06-06-2005

He may not spend time in jail but his NFL career will be effected. I wouldn't doubt he gets a major suspension out of this.

Crown Royal · 06-06-2005

Quote:

Originally Posted by Dye

i would be surprised if he ends up serving any jail time. without indisputable evidence and from a credible witness to testify, he ain't gonna get convicted.

if we had any justice in this world, this guy would be serving mandatory time and made an example of to all the atheletes who continue to think they're above the law!

That is absolutely sick.

He has been accused, but like you said, there will have to be indisputable evidence and a credible witness to get convicted.

If those don't happen he won't, and more importantly, shouldn't go to jail.

To say he should be serving a mandatory sentence just because he has been accused, not convicted, is a gross misunderstanding of what justice is.

Crown Royal · 06-06-2005

Quote:

Originally Posted by Duane

He may not spend time in jail but his NFL career will be effected. I wouldn't doubt he gets a major suspension out of this.

If he is convicted or plea bargains, sure. But if he is acquitted, it should do nothing to his career.

wileedog · 06-06-2005

Quote:

Originally Posted by Crown Royal

If he is convicted or plea bargains, sure. But if he is acquitted, it should do nothing to his career.

Will depend on his testimony.

At this point, whether he is convicted or not, unless he can somehow prove he was home with a good book and a cup of tea at the time its pretty certain that he was involved in some way with two stolen ATVs, an assault and a gun being waived about. Maybe some shots fired, depending on which police press release you read.

This is pretty darn far from the image the NFL wants its players to portray.

Convicted or not, unless he has solid proof he had nothing to do with this, he could see a suspension, perhaps a big one if the NFL decides to send a message. The NFL does not need necessarily need a conviction to suspend him, nor do the Redskins should Gibbs take the moral highroad.

Either way, its a good bet his endorsement opportunities are pretty much gone, other than maybe for Honda or Smith & Wesson, as is the NFL's ability to use him to market the league.

JDSmith · 06-06-2005

Quote:

Originally Posted by jumanji

credible evidence - ballistics testing. you can tell for 2 to 3 days if someone has fired a gun and you can even match it to the specific gun. from what i've read, there is a way to cleanse yourself, but i can't remember what it was.

Which is why, if I was in his shoes, the first thing I'd do was go someplace public and take target practice. A little documented time at a shooting gallery, with the weapon in question, would render the test inconclusive unless I'm mistaken and they can tell WHEN he fired it from the test. So while I was busy not turning myself into the police, I'd be shooting. But Taylor was probably just out pimpin some hoes.

Crown Royal · 06-06-2005

Quote:

Originally Posted by wileedog

Will depend on his testimony.

At this point, whether he is convicted or not, unless he can somehow prove he was home with a good book and a cup of tea at the time its pretty certain that he was involved in some way with two stolen ATVs, an assault and a gun being waived about. Maybe some shots fired, depending on which police press release you read.

This is pretty darn far from the image the NFL wants its players to portray.

Convicted or not, unless he has solid proof he had nothing to do with this, he could see a suspension, perhaps a big one if the NFL decides to send a message. The NFL does not need necessarily need a conviction to suspend him, nor do the Redskins should Gibbs take the moral highroad.

Either way, its a good bet his endorsement opportunities are pretty much gone, other than maybe for Honda or Smith & Wesson, as is the NFL's ability to use him to market the league.

First of all - this is wrought with a major, major mistake. Sean Taylor doesn't have to prove anything. He has no burden of proof. The state has the burden of proof against him if they wish to convict him.

If he has filed a report on stolen ATVs, then we have something to go with. But from what I can tell, the only evidence I have seen in the news is an eye-witness. Fine. But that isn't exactly a lot to stand up in court.

Finally, per the CBA, the league can't just suspend him because something may or may not have happened. There must be a conviction or plea bargain, otherwise, my nemesis, Gene Upshaw, will raise all kind of hell.

Remember - he was charged with a DUI, but later acquitted. The league made no suspension on the case.