New York Law applicable to Stephenson

[IndyDave02]

This is the statute that Lance is facing:

S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another
person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.

(http://ypdcrime.com/penal.law/article120.htm#120.00)

Injury can be as little as "he caused me pain" all the way up to an injury (bruises, broken bones, etc) that doesn't yet rise to the level of "Serious bodily injury" (felony).

Having represented people accused of battery and domestic battery, I will caution everyone to wait until all the details come out. Police are encouraged to make arrests in domestic violence cases or situations like this. I have had my attorney fees paid by "victims" who came to my office upset that their boyfriend/husband was arrested when they were just as culpable if not more so. He may be guilty as sin but lets get all the facts before we run him out of town.

GO PACERS!

[jowglenn]

Fair enough. I do want to give him the benefit of the doubt (maybe the bitch was crazy, she was clawing at him and he shoved her, she's making it up, who knows. Earl Watson had to fight off his crazy actress girlfriend just recently - could be similar, you never know).

But it's certainly not a good sign. This was a guy with severe character questions, a borderline case who clearly has some issues. Not a good sign that we've already seen something pop up.

[cavsfan_osiris]

OP you're missing the big picture. The question that must be answered is: Why has Indiana constantly found themselves in this type of position with their players?

[jowglenn]

^ We haven't since Jackson and Tinsley. Bad roster decisions basically. We knew that this guy had such potential to be malicious, but hey, it was a 2nd round pick. We took a swing, and it looks like we missed. Could have taken some joke no-chance guy instead.

[Boneman2]

We'll see how it shakes out. There is a distinct possibility Lance was defending himself, like IndyDave was alluding too.

I think Lance will either learn from a situation like this, or he will live the rest of his life regretting what could have been.

He needs to wake the f*$k up, get his head out of his ass, and realize the very rare position he is in. As of right now he has already made more money than 98% of us will make in a lifetime, and he hasn't even played in one friggin' game yet.

Lance, for once in your life it wouldn't hurt to show the world that your IQ is above 75.

If he doesn't play for the Pacers, then I hope like hell that his NBA career is over. Call me selfish, and I'll call Lance selfish.

[mizzoupacers]

Yes, you have to let the judicial process play out. No jumping to conclusions.

But I'm hoping the guaranteed contract Bird gave Stephenson has some sort morality clause written into it. I suppose that's too much to hope for, though.

These guaranteed contracts to second-rounders who have never played a second of NBA ball have not worked out so well for the Pacers. With both Stephenson and James White, what was the rush? At least wait until you've looked them over in training camp...where else can they possibly go before then? It's just a stupid practice to give these guys guaranteed contracts coming out of Summer League, and I hope our front office never does it again.

[IndyDave02]

WIBC is reporting that Stephenson is being charged with two felonies. That certainly is not consistent with the report of Assault-3rd degree. My best guess is that the police arrested him for 2 felonies but the prosecutor (upon further review) decided that the 3rd degree assault was the appropriate charge. The media needs to get their story right.....

GO PACERS!

[mizzoupacers]

^ Interesting. When stuff like this happens, the official reports are often confusing and contradictory at first, until it becomes more clear what exactly happened. And all the news media can do is report what the police and prosecutor are saying, so don't blame them for this. In fact, don't blame anyone...it just takes time for the police to do a more thorough investigation and report it.

I'm not presuming Stephenson is going to be found guilty. But if he's eventually found guilty, I would hope a felony conviction would be grounds for voiding an NBA contract. Does anyone know whether or not it is?

[jarrettjackfan]

I'm not going to pass judgment on him until the whole story comes out. I also want to hear what he has to say for himself. Even if the girl was doing something that made him push her, it still isn't right, but I will support him as a member of the Indiana Pacers. I'm pretty sure he wasn't trying to hurt her, but I want to hear what happened from his mouth, not the press.

[Charcoal Filtered]

I do not see this ending happily.

Yes, we should wait until all the facts are presented. However, sometimes you have to yell fire when you continue to see smoke. This is not the first time that he has been in trouble. Pacer management probably did the exact same background check that they did on Shawne Williams.

I do not put much faith in our management group being able to reabilatate him either.

[notque]

Reports say he slammed her head against the bottom stair, after he pushed her down the stairs.

This dude needs a mental evaluation.

[DWCP2]

WIBC is reporting that Stephenson is being charged with two felonies. That certainly is not consistent with the report of Assault-3rd degree. My best guess is that the police arrested him for 2 felonies but the prosecutor (upon further review) decided that the 3rd degree assault was the appropriate charge. The media needs to get their story right.....

GO PACERS!

Well part of the story is that the girlfriend was pushed down a flight of stairs, now the stories coming on that she hit her head on a single concrete stairs which makes me again think it was self defense that resulted in injury, thus the single charge.

[Boneman2]

If it was self-defense, than why did he get charged?

Did his female companion get charged? I hope like hell she did, because then self-defense is a little more believable.

If she is truly a victim, then I feel bad for her, and hope Lance is punished. Both of his transgressions have disregarded the opposite sex, maybe he needs to have his head slammed on the concrete too.

[DWCP2]

If it was self-defense, than why did he get charged?

Did his female companion get charged? I hope like hell she did, because then self-defense is a little more believable.

If she is truly a victim, then I feel bad for her, and hope Lance is punished. Both of his transgressions have disregarded the opposite sex, maybe he needs to have his head slammed on the concrete too.

Self defense in each state might have a different definition, but in most circumstances of self defense, you can not in any way perform an aggressive action. I think this is why it's 3rd degree assault and not something more potent, to me 3rd degree means it was accidental and the puishment will be accordingly.

[ParrottK]

http://www.nba.com/2010/news/08/16/lance.stephenson.arrested.ap/index.html?ls=iref:nbahpt2

NBA.com isn't painting a pretty picture.

[hondaaccord]

From your link I think it would be a felony:

"With intent to cause serious physical injury to another person, he
causes such injury to such person or to a third person; or"

Slamming someones head against anything is an attempt to cause serious injury. This is not a laughing matter.

If Stephenson gets off (and is conviced) with a misdemeanor and Plaxico Burress gets 2 years for shooting himself in the leg New York has a serious problem.

Also, if these allegations are true Stephenson is a menace to society and I would ban him from entering any Indiana Pacers facilities if I were the Pacers CEO.

[dagger]

Oh, it gets worse.

http://www.nydailynews.com/sports/high_ ... assau.html

Stephenson attacked his 21-year-old girlfriend at her Brooklyn apartment building about 5 a.m. Sunday, police said.

In a rage, the 6-foot-5 rookie sent his Baby Mama tumbling headfirst down 10 steps, cops said. She was treated at the hospital for injuries to her head and neck.

Stephenson's alleged barbarism was unveiled in court papers after he was released on his own recognizance Sunday following a brief appearance in Brooklyn Criminal Court.

"While (Williams) was laying at the bottom of said stairs the defendant picked up informant's head and slammed informant's head on the bottom step," the records stated.

Williams is now wearing a neck brace and in excruciating pain, the record revealed.

Stephenson was hit with felony assault and menacing charges and criminal possession of a weapon, meaning the step. He is due back in court Oct. 19.

Read more: http://www.nydailynews.com/sports/high_ ... z0wnfIbsHL

So he has beat his GF before. And there was the plea bargain of a sexual assault case in 2008.

I don't think you can let this moron around other young Pacer players. If he's convicted, I can't see the league not intervening. That would be a great test case for voiding a contract. And if an arbitrator wouldn't void it, then it will become an issue in the CBA negotiations.

(Before anyone raises the issue, Gilbert Arenas never went to jail, and no one was physically hurt by his actions, ergo no strong grounds for voiding his contract).

[chiluv]

Also, Stephenson attacked Jasmine Williams before but her parents kept quiet about the alleged abuse for fear of torpedoing the career of the 19-year-old point guard, who just signed with the Indiana Pacers, the friend said.

"This wasn't the first time this happened," said the friend, who works with Williams' dad. "The father spoke to (Stephenson's) parents before. They said we aren't going to call the cops and mess up his career but this has to stop. Enough is enough."


If those "parents" have any kids underage, child services better be called. I can't imagine a real parent letting someone beat their child and do nothing, what a shame.

[Wizop]

If Stephenson gets off (and is convicted) with a misdemeanor and Plaxico Burress gets 2 years for shooting himself in the leg New York has a serious problem.

Plaxico was convicted of having an unregistered gun which carried an automatic jail term. you wouldn't expect a misdeamnor assault to be handled as a big deal. a juvenile arrest should be a sealed record which wouldn't be considered unless he was tried as an adult the first time. my expectation is that the league and the Pacers will come down harder on him than the NY prosecutor.

[hondaaccord]

I don't see how pushing someone down a flight of stairs and then slamming someones head into a hard object should be let off as a misdemeanor... Slamming someones head into a hard object causes brain damage, an injury.