Javaris Crittenton Charged -gets off easy

[Chocolate City Jordanaire]

What does the state gain? During Gil's sentencing phase I'm not sure what information the pre-trial services are privy to and what all they'll present to the judge who will sentence Gil--but they are collecting information on Gil. They're certainly evaluating his prior conviction. They're certainly seeing what Gil's doing between now and March to make good and show accountability for his actions. I saw one litigator who suggested Gil make donations to gun victims' groups and do face time stuff. So, I know even though there was no jury involved in his plea deal, the court of popular appeal is very much at work for Gil.

What Crittenton's damning testimony could do, IMO, is serve to put Gil behind bars longer and maybe give the Wizards what they want to be able to void Gil's contract. Pretty far-fetched that there's some conspiracy with the league or the Pollins and this is anything but Crittenton saving his own ass; but it doesn't help Gil one bit.

[fishercob]

What does the state gain? During Gil's sentencing phase I'm not sure what information the pre-trial services are privy to and what all they'll present to the judge who will sentence Gil--but they are collecting information on Gil. They're certainly evaluating his prior conviction. They're certainly seeing what Gil's doing between now and March to make good and show accountability for his actions. I saw one litigator who suggested Gil make donations to gun victims' groups and do face time stuff. So, I know even though there was no jury involved in his plea deal, the court of popular appeal is very much at work for Gil.

What Crittenton's damning testimony could do, IMO, is serve to put Gil behind bars longer and maybe give the Wizards what they want to be able to void Gil's contract. Pretty far-fetched that there's some conspiracy with the league or the Pollins and this is anything but Crittenton saving his own ass; but it doesn't help Gil one bit.

We need dandridge10 or another attorney to comment on this. If Gil has already pled guilty can new information be brought into the case to affect the sentencing decision? I'm unclear on this. I was under the impression that the only admissable info w/r/t sentencing is the sworn testimony in Gil's own case.

[Chocolate City Jordanaire]

fish, in the Washington Post online there's a video clip from a litigator who's familiar with Gil's judge and with the process that's taking place. He said exactly what I posted. Between now and when he's sentenced the judge will be presented with at least info on the prior conviction, while Gil's representatives can present his good guy stuff--all that's going to be considered.

The judge is in no way bound to the agreed upon up to 6 months. He can give more or less than what the prosecution recommended.

I'm thinking Crittenton's sworn deposition or testimony would also figure into what the judge considers. However, you're absolutely right to ask someone more knowledgeable on this like dandridge, AlohaWiz, dobrojim, and Benjamin.

[Ruzious]

I may be mistaken, but I think Gil's weapons were licensed in Virginia. So were Crittenton's. Neither player had a license in the District for their guns.

The report I heard was from The Junkies - that Critt was licensed to own in DC, but they aren't always reliable.

[Brenice]

Two points

First, am I wrong, but didn't prosecutors say Critt "had surrendered the gun"? The gun he pulled after finding guns placed at his locker, not in anyone's hand? If it wasn't a joke, why wasn't Gil in possession of 1 of his guns when Critt pulled his?

Second, the league wants to get rid of the "thug" mentality. Like it cares about its image. That same image and culture that produces point shaving referees? Stern doesn't care about image, only money. The only thing he cares for is catering to rich white people. Those same people who grow up lying, cheating, and stealing. Like the kid in the commercial, everybody wants to cheat, but he said the ball was out on him. Money = Winning and Winning = Money. Read that P O W E R . That all they care about. To counter that, black people started a T H U G mentality. I want to take your stuff. It is the same reason they call people terrorists for flying planes into your monuments and towers. I thought that was an act of W A R, but we only use that term for U S, not them.

Gil was joking. Not thugging. Critt was thugging. Not joking. Crit asked Gil to fight. Crit pulled the gun.

[AlohaWiz]

Also, although this is speculation, I agree with Dandridge that Crit probably worked out a deal to testify against Arenas. Crit's story smells like **** though, since he allegedly brought in an unloaded weapon to protect himself. I suppose he was planning to borrow some ammunition in the event Arenas opened fire.

I agree with the entire post - the idea of Critt bringing an unloaded gun because he feared for his life is just silly. But I wonder about the idea of Critt testifying against Arenas. What would be the point - testifying in the sentencing phase? Because Gil already pleaded to the charges themselves, so what does the state gain from his testimony?

That's a good point. Crit wouldn't have been making an agreement to testify at Arenas's trial (unless Crit's negotiations with the US Attorney were at the same time or before Arenas's--but I don't know if that's true). So without knowing the timing of it all, I'm not sure if the state would have anything to gain by Crit's testimony at sentencing especially since the prosecution has already made a sentencing recommendation of 6 months.

In any event, if we just assume Crit didn't have any plea negotiations until after Arenas plead guilty, then Crit will be able to testify as part of Arenas's sentencing. The judge can hear any relevant testimony regarding Arenas when determining the sentence. Generally as part of sentencing, the judge will consider the: (1) seriousness of the offense; (2) dangerousness of the offender; (3) need to protect the safety of the community; (4) offender's potential for rehabilitation; and (5) use of alternatives to prison, where appropriate.

Also, in federal court (at least in my district) there's a Victim Witness Coordinator who assists victims in testifying at trial and sentencing hearings. It's quite common for the victim to testify as a part of sentencing. And the way this is playing out, it appears that Crit is being painted as the victim.

Finally, in the interests of full disclosure, I should point out that my specialty is tax law. My wife, who is also an attorney (sharks of a feather and all that), specializes in criminal law. And she's a huge Wizard's fan, so I consult with her a lot on this case

[Ruzious]

Also, although this is speculation, I agree with Dandridge that Crit probably worked out a deal to testify against Arenas. Crit's story smells like **** though, since he allegedly brought in an unloaded weapon to protect himself. I suppose he was planning to borrow some ammunition in the event Arenas opened fire.

I agree with the entire post - the idea of Critt bringing an unloaded gun because he feared for his life is just silly. But I wonder about the idea of Critt testifying against Arenas. What would be the point - testifying in the sentencing phase? Because Gil already pleaded to the charges themselves, so what does the state gain from his testimony?

That's a good point. Crit wouldn't have been making an agreement to testify at Arenas's trial (unless Crit's negotiations with the US Attorney were at the same time or before Arenas's--but I don't know if that's true). So without knowing the timing of it all, I'm not sure if the state would have anything to gain by Crit's testimony at sentencing especially since the prosecution has already made a sentencing recommendation of 6 months.

In any event, if we just assume Crit didn't have any plea negotiations until after Arenas plead guilty, then Crit will be able to testify as part of Arenas's sentencing. The judge can hear any relevant testimony regarding Arenas when determining the sentence. Generally as part of sentencing, the judge will consider the: (1) seriousness of the offense; (2) dangerousness of the offender; (3) need to protect the safety of the community; (4) offender's potential for rehabilitation; and (5) use of alternatives to prison, where appropriate.

Also, in federal court (at least in my district) there's a Victim Witness Coordinator who assists victims in testifying at trial and sentencing hearings. It's quite common for the victim to testify as a part of sentencing. And the way this is playing out, it appears that Crit is being painted as the victim.

Finally, in the interests of full disclosure, I should point out that my specialty is tax law. My wife, who is also an attorney (sharks of a feather and all that), specializes in criminal law. And she's a huge Wizard's fan, so I consult with her a lot on this case

If Arenas really gets something like 6 months in jail, we'll revisit this. I really doubt he will - unless the judge wants to "send a message" - or unless the judge is worried about sending the wrong message. What I'd like to know is if Stern has been in contact with the judge and if so - Is Stern basing his decision at all on inside information from the judge?

Aloha, we need to have a tax thread here - I'm also a tax guy, and we have an occasional poster here who does taxes. Maybe there are others waiting to come out of the closet. Tar Heel fans are allowed - but Dukees are prohibited. I'm sure the Mods here would be happy to sticky it.

[AlohaWiz]

If Arenas really gets something like 6 months in jail, we'll revisit this. I really doubt he will - unless the judge wants to "send a message" - or unless the judge is worried about sending the wrong message. What I'd like to know is if Stern has been in contact with the judge and if so - Is Stern basing his decision at all on inside information from the judge?

Aloha, we need to have a tax thread here - I'm also a tax guy, and we have an occasional poster here who does taxes. Maybe there are others waiting to come out of the closet. Tar Heel fans are allowed - but Dukees are prohibited. I'm sure the Mods here would be happy to sticky it.

Whoops, didn't mean to imply that I think Arenas will get 6 months. Quite frankly, I don't know what the judge will do. There are just too many factors involved with a high profile case like this. I think I'd have a better chance of estimating his sentence by throwing darts at a dartboard. I'm hoping he gets probation, fines, community service, but won't be surprised if he goes to jail for a month or two.

Ahhhh, it feels good to be out of the tax closet

[Chocolate City Jordanaire]

You guys are thinking lenience is the way this thing goes.

I'm thinking Gil will get AT LEAST 6 months. Just for him clowning after he's already had one firearms conviction, I think the judge will send a message. I think in light of Jason Williams having killed somebody and him formerly being considered a jokester, the message of don't use guns to joke or intimidate should be sent.

Honestly, from my perspective, if I were a judge I'd give Gil 9 full months in the "Iron Bar Hotel".

I think Crittenton's the true thug, but he's slick enough and had common sense enough to do and say all the right things after what went down. Gil's stupidity, and that's all I can call it at this point, is basically what I'd punish him for. He's got kids and a great career and years of basketball ahead of him. He needs to grow up. I'd give him plenty of TIME to think about making better choices.

I think the Wizards pretty much set him up. But honestly, I think Gil needs a reality check. I would hope he'd get all the counseling (mental health, faith based, legal, educational, image wise, etc) he could and not become embittered, but rather become focused on having a great life without some sense of entitlement and reckless lawlessness. Good thing I'm not the judge.

[jimij]

Aloha, we need to have a tax thread here - I'm also a tax guy, and we have an occasional poster here who does taxes. Maybe there are others waiting to come out of the closet. Tar Heel fans are allowed - but Dukees are prohibited. I'm sure the Mods here would be happy to sticky it.

I think I resemble that remark (maybe more of a lurker than a poster these days but whatever...). I think I'd be very worried if we had a successful tax thread on this site. Very scary.

[Ruzious]

Aloha, we need to have a tax thread here - I'm also a tax guy, and we have an occasional poster here who does taxes. Maybe there are others waiting to come out of the closet. Tar Heel fans are allowed - but Dukees are prohibited. I'm sure the Mods here would be happy to sticky it.

I think I resemble that remark (maybe more of a lurker than a poster these days but whatever...). I think I'd be very worried if we had a successful tax thread on this site. Very scary.

You are, indeed. Yeah, RealGM might have an issue with paying liability insurance on the Wiz forum.