FanIQ News: Donte Stallworth had marijuana in his system when he killed pedestrian -

7/1/09

6

Doesn't really make a difference to e to be honest. I think his sentence was a little light. But again, no intent. Not to mention the victim was breaking the law at the time of the accident.

He made a monumentally stupid mistake, but he didn't intend to cause the guy harm. When he made the mistake, he called 911, and waited. Unlike most of the drunken idiots who do the same. He has made it right with the family of the victim, which is more than most families get.

Wasn't it only trace amounts, which would not necessarily mean that he was high at the time of the accident. Grated, he should know better anyway, but it doesn't necessarily mean that weed had anything to do with the accident.

Now if you ask me do I think testing positive for weed does mean that his NFL suspension should be more harsh, then yes, I do.

7/1/09

drn0iswatr

6	maybe he has glaucoma....

7/1/09

fred77008

4

TheRoss wrote:

Doesn't really make a difference to e to be honest. I think his sentence was a little light. But again, no intent. Not to mention the victim was breaking the law at the time of the accident.

He made a monumentally stupid mistake, but he didn't intend to cause the guy harm. When he made the mistake, he called 911, and waited. Unlike most of the drunken idiots who do the same. He has made it right with the family of the victim, which is more than most families get.

Wasn't it only trace amounts, which would not necessarily mean that he was high at the time of the accident. Grated, he should know better anyway, but it doesn't necessarily mean that weed had anything to do with the accident.

Now if you ask me do I think testing positive for weed does mean that his NFL suspension should be more harsh, then yes, I do.

"His sentence was a little light?"

"The victim was breaking the law?"

Seriously?

Yeah, I guess that dirty jaywalker got what he deserved. Don't want to get hit by drunk drivers? Then stay off the road.

7/1/09

Pat

4	Let's just throw out the fact that a man died that night... doesn't 30 days seem a little light simply for a DUI? And of course, even more so, if he had weed in his system?

7/1/09

TheRoss

3

fred77008 wrote:

"His sentence was a little light?"

"The victim was breaking the law?"

Seriously?

Yeah, I guess that dirty jaywalker got what he deserved. Don't want to get hit by drunk drivers? Then stay off the road.

He was breaking the law. Granted, it is a law that virtually everyone breaks, but he should not have been there. Had he not been breaking the law, he most likely would not have been hit. it's not that I don't feel sorry for the guy, or the family, but that is the truth.

It sounds harsh, but yeah, if you don't want to get hit by a car, don't run into the middle of the road.

Personally, if it were up to me, I would say 6 months would be appropriate.

7/1/09

TheRoss

2

Pat wrote:

Let's just throw out the fact that a man died that night... doesn't 30 days seem a little light simply for a DUI? And of course, even more so, if he had weed in his system?

It does. However, testing positive for marijuana isn't illegal (I am not a lawyer, but last I saw, it wasn't), it's possession. Unless they found it on him, there isn't much they can do about that, unless they found actual marijuana in his possession. Courts have found that positive tests are circumstantial evidence, but are not enough to prove possession, which is the actual crime.

7/1/09

das3cr

3	It's a done deal. It is what it is.

7/1/09

Cass3918

1	(Edited by Cass3918) I think he should get the full sentence of whatever DUI Charge is.. I think it shoulg be more like 90-120 days! He should be suspended from the NFL for drug usage if they have an accurate test to prove he was under the influence of marijuana and had it on him otherwise it wont stick!

7/1/09

dwyermaker

3

One issue being overlooked is that a positive test for marijuana basically just means you used it sometime in the past month (unlike other drugs that are out of your system much sooner). Without more evidence (such as an aroma or drug parafanalia in the car at the time of the accident) this positive test would not be of great benefit in court or even indicate that he was high when the accident occurred.

7/1/09

fred77008

0

TheRoss wrote:

He was breaking the law. Granted, it is a law that virtually everyone breaks, but he should not have been there. Had he not been breaking the law, he most likely would not have been hit. it's not that I don't feel sorry for the guy, or the family, but that is the truth.

It sounds harsh, but yeah, if you don't want to get hit by a car, don't run into the middle of the road.

Personally, if it were up to me, I would say 6 months would be appropriate.

And perhaps if Donte were not impaired he would have seen the man or had a better reaction to the surprise and not killed him.

The jaywalker got a death sentence. The killer got 30 days. That is what it boils down to. And people on this board are defending that?

7/1/09

ojekeme1

1	I never felt that 30 days was enough. Weed or no weed he killed a man.

7/1/09

ojekeme1

1	There was a report that the prosecutor and judge was aware of his positive test at the time of the plea deal. It just simply proves my point... Cash Rules Everything Around Me (C.R.E.A.M.)!!!!

7/1/09

fred77008

2

dwyermaker wrote:

One issue being overlooked is that a positive test for marijuana basically just means you used it sometime in the past month (unlike other drugs that are out of your system much sooner). Without more evidence (such as an aroma or drug parafanalia in the car at the time of the accident) this positive test would not be of great benefit in court or even indicate that he was high when the accident occurred.

Marijuana only stays in your system for 30 days if you are an habitual user.

Plus it is stored in fat cells, so the fewer fat cells (less body fat) you have the less it is stored. Further, physical activity hastens its cleansing from your system.

A pro athlete who has a small percentage of body fat could metabolize THC much more quickly than the average couch potato.

It is fair to assume that Donte had smoked recently. Maybe that was not a contributing factor, maybe it was, but the positive test could be used to show his disregard for the public law and public at large. I know it would be considered in a case against the average citizen in Florida.

A one time user in great shape could test clean in as little as 3 days. A truly habitual user (we're talking constant pace) can expect to test dirty for up to 90 days.

LINK FOR SCIENCE

7/1/09

dwyermaker

0

fred77008 wrote:

Marijuana only stays in your system for 30 days if you are an habitual user.

Plus it is stored in fat cells, so the fewer fat cells (less body fat) you have the less it is stored. Further, physical activity hastens its cleansing from your system.

A pro athlete who has a small percentage of body fat could metabolize THC much more quickly than the average couch potato.

It is fair to assume that Donte had smoked recently. Maybe that was not a contributing factor, maybe it was, but the positive test could be used to show his disregard for the public law and public at large. I know it would be considered in a case against the average citizen in Florida.

A one time user in great shape could test clean in as little as 3 days. A truly habitual user (we're talking constant pace) can expect to test dirty for up to 90 days.

LINK FOR SCIENCE

The problem in criminal court is that prosecutors would have to show he was under the influence of marijuana beyond a reasonable doubt at the time of the accident. Whether traces of marijuana would stay in his system for 3 days or 90 days depending on his use and body type would all go to the reasonable doubt of him actually being high at the time.

The other issue of whether the evidence of his marijuana use would be admissible would have to undergo the typical prejudicial impact vs. value of the evidence analysis. Remember, Stallworth is going to have top lawyers hammering the 3 - 90 day issue and the prejudicial impact of a jury in the South finding out this African-American guy smokes weed even though there is no other evidence that he was actually high at the time. Too much prejudice, too much risk of appeal (which Judges hate) because of Stallworth's resources to let that evidence in.

Now if Donte Stallworth were a two-time felon with a public defender as an attorney maybe the evidence gets in. Either way I'm guessing he's doing slightly more time than 30 days in prison...

7/1/09

elevenbravo138again

1

dwyermaker wrote:

The problem in criminal court is that prosecutors would have to show he was under the influence of marijuana beyond a reasonable doubt at the time of the accident. Whether traces of marijuana would stay in his system for 3 days or 90 days depending on his use and body type would all go to the reasonable doubt of him actually being high at the time.

The other issue of whether the evidence of his marijuana use would be admissible would have to undergo the typical prejudicial impact vs. value of the evidence analysis. Remember, Stallworth is going to have top lawyers hammering the 3 - 90 day issue and the prejudicial impact of a jury in the South finding out this African-American guy smokes weed even though there is no other evidence that he was actually high at the time. Too much prejudice, too much risk of appeal (which Judges hate) because of Stallworth's resources to let that evidence in.

Now if Donte Stallworth were a two-time felon with a public defender as an attorney maybe the evidence gets in. Either way I'm guessing he's doing slightly more time than 30 days in prison...

It's clear that the fact that the victim was committing a crime, [albeit a minor one] the defendant is a first offender with access to excellent legal counsel and there was a separate financial settlement made with the victims' family, who did not agitate for a lengthy jail sentence, all played a part. Was justice done, perhaps not but Goodell may still hand down a stiff penalty.

7/1/09

mk_donley

0	He should get 18 months in my opinion. Smoking tree or getting drunk can get you 18 months. But that's just me.

7/1/09

TurkogluForMVP

1

Theres a reason Jaywalking is illegal. Common sense for said jaywalker lacked and therefore he was naturally selected and died. I feel for the family but I will not put the burden on Stallworths shoulders because someone else walked on the road without looking. My dad taught me effectively when I was young and this was his lesson:

You know the black spots on the road in parking lots? Usually cause by oil or something rather. Well when I was 10 those were children who didnt look both ways. The long skinny ones were simply tall skinny kids. The bigger ones were fat kids. Simple as that. 2 years ago my little sister, who was 4 stopped me from crossing the road because I didnt look both ways and i'll end up being a spot on the road. (For the record I looked both ways as I was walking out of the store and was aware of every vehicle around me. The store is no more than 10 feet from the road)

7/27/09

rocknmoonerdamnit

0

Stallworth called 911! He hit a jay walker. The jay walker died. It was an accident. When asked if he would participate in a drug test he ignored his lawyers advice, and said yes. He wouldn't have had to take the test, but he did so voluntarily. He made good in horrible circumstances. Not many people out there could do what he did after being in a grave accident like that. He is not completely at fault. He was honest, and tried everything he could to save the mans life. He values human life, and he values the legal system. I commend this man, I am impressed, and I wish him well, as I do all of you.