What Is Brent Facing

[hra8700]

As someone else pointed out, Donte Stallworth served 24 days.

Stallworth was a particular case because they had evidence that would have led to his exoneration but out of guilt he decided to plea.

I never thought brent would get more than 120 days. The question I wonder is if hell get the full 1 year ban stallworth got. Is there any other precedent?

 

[cowboys2233]

Everything is up for consideration. If the family is pissed off and wants him to sit in jail for a while, you can bet they will tell the prosecutor about it and affect the plea offer. I know in my particular county, the DA will not offer a deal that the victim's family has not approved if there's been a death.

But if the Brown family is the forgiving type, as often happens when the victim is a friend of the accused, then they will likely relay that to the DA as well. Remember the DA is an elected official, and they are just as prone to political pressures as any other elected official.

But how does that play in cases where the Stockholm Syndrome could apply? The victims might ask for leniency, ONLY because of this traumatic bonding -- should the court be more lenient on the accused, simply because the victims "forgive" the accuser? Again, this case doesn't quite fall under the Stockholm Syndrome, because Brent did not directly abuse Brown's family, but there could be some traumatic bonding anyways -- Brent is the last guy that saw their son alive, I could certainly see why they might feel "closer" to Brent for that reason alone, in an effort to feel closer to their dead son, despite the fact that he is the one responsible for their son's death.

Again, not saying that's the case here, but you can't discount it altogether.

 

[Risen Star]

Stallworth was a particular case because they had evidence that would have led to his exoneration but out of guilt he decided to plea.

I never thought brent would get more than 120 days. The question I wonder is if hell get the full 1 year ban stallworth got. Is there any other precedent?

You can count on a lengthy ban from the league.

Rightly so, too.

 

[craig71]

That seems to be the staute for your DUI s there in Tx...someone take a look for whatever vehicular homocide or perhaps voluntary manslaughter is...that's where prosecution will START. They might play ball with a plea and include the DUI stuff, but I dont know the locality. I know here in Tn, I would have a steep hill to climb to get someone who matches facts of Brent such a light sentence...my practice would light up loike a roman candle though. I get about 300 DUIs a year for what its worth (I guess I should say I defend those cases rather)

If he were granted probation he would have to serve atleast 120 days but no more than 180 days as a condition of that probation. In addition to time served he would receive up to 10 years deferred ajudication or from 2 to 10 years post conviction supervision.

I don't think he'll get off with probation but time will tell. I guess it'll boil down to who paints the better picture, the defense or the prosecution. Sinner or saint is going to be the question of the day I reckon.


Craig

 

[peplaw06]

But how does that play in cases where the Stockholm Syndrome could apply? The victims might ask for leniency, ONLY because of this traumatic bonding -- should the court be more lenient on the accused, simply because the victims "forgive" the accuser? Again, this case doesn't quite fall under the Stockholm Syndrome, because Brent did not directly abuse Brown's family, but there could be some traumatic bonding anyways -- Brent is the last guy that saw their son alive, I could certainly see why they might feel "closer" to Brent for that reason alone, in an effort to feel closer to their dead son, despite the fact that he is the one responsible for their son's death.

Again, not saying that's the case here, but you can't discount it altogether.

I'm not saying it is a huge effect in all cases, and what you're talking about would likely be apparent to the prosecutor. I'm just saying that it's almost always a consideration.

The classic example is the DA who prosecutes an assault family violence where the battered spouse doesn't want them to prosecutor the person who beat them up. Those can still be prosecuted.

 

[MRV52]

He will get 2 to 3 months. He is not getting years for this.

 

[houstonwhodat]

He'll do time, anywhere from 5 to 10 years. If he was being tried in Bexar County, he would be guaranteed 10 years.....

I know people in Harris County, Texas that have 5 or more DWI and still probation.

However the manslaughter charge may escalate things.

Then again, Donte Stallworth mowed some people down and he only did 30 days.

Depends on whether MADD and the State wants to make an example out of him.

 

[speedkilz88]

He will get 2 to 3 months. He is not getting years for this.

Sounds like the minimum is 4 months (120 days).

 

[houstonwhodat]

If awarded probation 120 days is the minimum number of days that have to be served as a conditon of probation. I think 200 hours of community service is also required with the maximum at 800 hours.


Craig

In Houston there is a thing called "New Choices". It's supposed to be an "inpatient" rehab program for extreme cases.

Some people in Houston have to complete 180 days inpatient as a condition of probation.

Only thing is it's a joke, there is no rehab to it. Nothing but jail.

It's a scam to generate revenue for the county.

 

[xwalker]

Stallworth was a particular case because they had evidence that would have led to his exoneration but out of guilt he decided to plea.

I never thought brent would get more than 120 days. The question I wonder is if hell get the full 1 year ban stallworth got. Is there any other precedent?

Even if he gets to play in the NFL again, both he and the Cowboys would be better served if he played for another team. The media scrutiny would be drastically lower if he was no longer a Cowboy.

 

[Mr Cowboy]

If an accident occurred and the prosecutor can prove that you were Driving While Intoxicated that resulted in the death of another person, then you can be charged with Intoxicated Manslaughter, a second-degree felony. Texas Penal Code § 49.08. Upon a conviction of intoxicated manslaughter, a defendant could be facing penalties including:

Jail Time. An individual convicted of Intoxicated Manslaughter will be facing a minimum of 2 years and a maximum of 20 years in the Texas Department of Corrections.

Fines. A person convicted of Intoxicated Manslaughter will be required to pay up to $10,000.

Community Service. An individual convicted of Intoxicated Manslaughter can be required to complete anywhere from a minimum of 200 hours to a maximum of 800 hours.

Alcohol Awareness Education Classes. A person convicted of Intoxicated Manslaughter will be required to complete one of the state approved Alcohol Education Awareness program to be determined by whether the defendant has any prior DWI / DUI alcohol related offenses. Click here to learn more about the state approved Alcohol and Drug Awareness Education Programs.
License Suspension. A conviction of intoxicated manslaughter will result in a suspension of a defendant's license for anywhere from 180 days to 2 years.

Failure to complete the Alcohol Education classes within 180 days will result in an automatic suspension of your license for 1 year. During this time, you could be granted an occupational license if the licensee can demonstrate the "essential need" necessary to obtain a hardship license. To learn more, please see Occupational Licenses.

Conviction Based Surcharges. A person who is convicted of intoxicated manslaughter with no prior DWI / DUI offenses will be $1,000 per year for 3 years. If this is a second or subsequent DWI related offense, then the defendant will be required to pay $1,500 per year for 3 years or $2,000 per year for 3 years if the individual had a BAC of .16% or higher at the time of the assault. Click here to learn more about Conviction Based Surcharges.

http://www.sanantoniodwilawyer.co/s...lony-penalties.html#Intoxication Manslaughter

 

[houstonwhodat]

If a guy can drink the equivalent of 21 beers, get behind the wheel, flip a car on the highway at super high speed, kill somebody, and not do jail time......that's says all you need to know about our judicial system.

You guys are dreaming if you think he's gonna get some serious jail time.

He'll get a slap on the wrist and Brown's family is going to help his cause.

It's all about how good your lawyer is.

 

[cowboys2233]

I'm not saying it is a huge effect in all cases, and what you're talking about would likely be apparent to the prosecutor. I'm just saying that it's almost always a consideration.

The classic example is the DA who prosecutes an assault family violence where the battered spouse doesn't want them to prosecutor the person who beat them up. Those can still be prosecuted.

Fair enough!

 

[justbob]

PEPlaw ---wasn't that the case pre 1990 or so--maybe further back then that. Then Texas changed it because of a case where somebody had like 17 priors in other states....Been to long since I had penal code ---but that is kinda stuck in the corner of my mind somewhere.

 

[myslamsareolder]

You can count on a lengthy ban from the league.

Rightly so, too.

Depends. Stallworth got a year suspension, because he didn't get any significant jailtime. If Brent gets a full year or two I bet he would be reinstated right out of jail. If he is outa of jail before the nextsame season rolls around hell get the year suspension.

 

[dogberry]

Would an NFL suspension include the four missed games this year?

 

[perrykemp]

Would an NFL suspension include the four missed games this year?

No. The nfl hasn't suspended him yet.

 

[Yakuza Rich]

Different State, but I think that Donte' Stallworth got 24 days in Jail and probation.

Different situation.

Stallworth was able to prove that the person he killed was not in the crosswalk (basically the guy didn't look for cars) and that Stallworth wasn't violating any laws. It also helped that Stallworth proved that he stopped drinking before midnight and his accident occured at 8 am when he thought he was sober.

Brent drove after drinking, had a previous DUI and Brown didn't do anything against the law.

I suspect 4-12 months in jail, probation, permanent suspension of license (can only drive to and from work, emergency situations) and breathalyzer in his car.








YR

 

[peplaw06]

PEPlaw ---wasn't that the case pre 1990 or so--maybe further back then that. Then Texas changed it because of a case where somebody had like 17 priors in other states....Been to long since I had penal code ---but that is kinda stuck in the corner of my mind somewhere.

I posted the current statute... Texas Penal Code Section 49.09.

 

[Yakuza Rich]

I know people in Harris County, Texas that have 5 or more DWI and still probation.

However the manslaughter charge may escalate things.

Then again, Donte Stallworth mowed some people down and he only did 30 days.

Depends on whether MADD and the State wants to make an example out of him.

Stallworth killed 1 person. They had street camera evidence showing he was going 50 mph in a 40 mph zone and that the person he hit basically jumped out in front of him and was not in the crosswalk in a busy street. Stallworth claims he flashed his lights right before he hit the person and supposedly, the street camera shows that as well.

They claim he could have been exonerated, but wanted to do the 'right thing.' I think he had a decent chance of being exonerated, but not being exonerated would have certainly sent him to jail for a longer time than if he plead his way out of it. Still, he hardly 'mowed people down and got away with it.' He also had to pay the family an undisclosed amount, the family forgave him and he was suspended from the NFL for 1-year.








YR