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6/22/09
Video of Donte Stallworth accident exists, factored into plea deal
If you're wondering why Donte Stallworth got such a light sentence, it's apparently because there's video of the incident which was clearly in Stallworth's favor.
There was a lot of angst out there about a drunk Donte Stallworth getting only 30 days in jail for hitting and killing Mario Reyes. But apparently, the reason why Stallworth got off so easy was because there's security camera footage of the accident, which clearly shows Reyes walking into the highway in an area that does not contain a crosswalk, and ultimately walking directly into the path of Stallworth’s Bentley.

The tape played a significant role in the plea bargain apparently. Florida law has a loophole where a drunk driver can have charges reduced if a pedestrian directly contributes to an accident. It seems that is the case here.
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6/22/09
3
Raider_Dave wrote:
I think comparative or contributory negligence are only doctrines that are used when monetary damages are included.  Regarding the very light sentence Stallworth got prison-wise, I'm sure the plea deal was reached thanks to Stallworth writing a pretty hefty check to the family of Mr. Reyes. 

Video existence or not, Stallworth should get more time solely based on driving while intoxicated.  I guess with the legal loopholes in there and the fact that Stallworth will never be able to have a license again makes up for the aspect in some degree.
 that's probably right - I was typically on the Q in class so I probably missed that important bit of info ;)


6/22/09
1
I believe it is called comparative negligence - where they calculate each parties fault and then assess the punishment based on that..at least it isn't contributory where if one party has even just 1% of the fault, the other party can walk free....at least that is what I vaguely think I learned this past year. Either way - it sucks for the family of the guy who was killed.

6/22/09
1
drn0iswatr wrote:
I believe it is called comparative negligence - where they calculate each parties fault and then assess the punishment based on that..at least it isn't contributory where if one party has even just 1% of the fault, the other party can walk free....at least that is what I vaguely think I learned this past year. Either way - it sucks for the family of the guy who was killed.
I think comparative or contributory negligence are only doctrines that are used when monetary damages are included.  Regarding the very light sentence Stallworth got prison-wise, I'm sure the plea deal was reached thanks to Stallworth writing a pretty hefty check to the family of Mr. Reyes. 

Video existence or not, Stallworth should get more time solely based on driving while intoxicated.  I guess with the legal loopholes in there and the fact that Stallworth will never be able to have a license again makes up for the aspect in some degree.

6/22/09
3
Raider_Dave wrote:
I think comparative or contributory negligence are only doctrines that are used when monetary damages are included.  Regarding the very light sentence Stallworth got prison-wise, I'm sure the plea deal was reached thanks to Stallworth writing a pretty hefty check to the family of Mr. Reyes. 

Video existence or not, Stallworth should get more time solely based on driving while intoxicated.  I guess with the legal loopholes in there and the fact that Stallworth will never be able to have a license again makes up for the aspect in some degree.
 that's probably right - I was typically on the Q in class so I probably missed that important bit of info ;)


6/22/09
1
It was the check that sealed the deal. 

True that the "loophole" helped, but had the DA pressed on with a trial, there is no doubt that a jury would have drawn that loophole tighter around Stallworth.  He would have been convicted.  If he and his lawyers did not believe that they would not have taken a deal.

A star athlete kills a working man while driving drunk in his Bentley.  The average citizen (juror) would be more likely to feel a connection to Mr. Reyes than Mr. Stallworth.  His sentence would have likely been much longer had he been convicted rather than plea.

The "loophole" is an excuse.  Money talks and the DA spins what the money says.

6/22/09
0

that s just stupid he was drunk,driving and killed someone thats life in jail (well for you or me) i am will you no excuse i don't care who you are


6/22/09
0
 You lucky bastard.

6/22/09
0
Sounds to me like justice was served in this case. Stalworth does not have a long history of doing this sort of thing, as far as I know, so 10 years probation when the guy basically jumped in front of his car is fair. It's not as if Stalworth ran up on the sidewalk and killed a totally innocent party.

 
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