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Aldon Smith arrested for DUI (1 Viewer)

Aldon Smith to face three felony assault weapon charges

http://www.cbssports.com/nfl/eye-on-football/24057594/aldon-smith-to-face-three-felony-assault-weapon-charges

By Josh Katzowitz | NFL Writer

October 9, 2013 4:11 pm ET

49ers linebacker Aldon Smith threw a house party in June 2012, and in the aftermath of that, two separate people have sued Smith claiming they were shot at the same party where Smith was stabbed.

On Wednesday, the Santa Clara County District Attorney's office confirmed that it had filed three felony charges of possession of an assault weapon against Smith. The news first was reported by NBC Bay Area.

The DA's office said that Smith is expected to surrender later this month. If convicted, Smith could face up to four years and four months in jail.

The preamble to the assault weapons law states that each assault weapon has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings,'" district attorney Jeff Rosen said in a statement. California's prohibition of these powerful weapons is not about

hunting or target practice. It is about interrupting the long history of death, carnage and grief assault weapons have inflicted on California communities.

The DA says that during the party, Smith fired his .45 handgun twice from his balcony to "dissipate the crowd." The DA also says one of Smith's friends also fired that same handgun "several times" in the air.

From the DA press release:

Following the shooting, the Santa Clara County Sheriff's Department searched Smith's residence for evidence related to the assaults. As part of that search, Sheriff's investigators recovered two rifles from Smith's bedroom, including an Armalite AR10-T .308 caliber rifle. In a second search two weeks later, Sheriff's investigators recovered three additional firearms from Smith's bedroom and closet, including a Bushmaster ACR rifle chambered for 5.56mm NATO and a Bushmaster Carbon-15 .223 caliber rifle. None of the five weapons were registered with the California Department of Justice. Sheriff's investigators documented several additional large-capacity magazines strewn about the floor of Smith's bedroom. Ammunition in several calibers -- both expended and unexpended -- was found in Smith's bedside table.

The DA's said that Smith purchased the three assault weapons on two separate occasions from a Phoenix gun dealer in 2011 -- one of which occured Dec. 10, the day before San Francisco played the Cardinals.

Said the DA's office: "Such weapons, as configured, cannot be legally purchased in Arizona by

residents of California. Even if purchased in Arizona by an Arizona resident, such weapons are illegal to possess in California."

We recognize the serious nature of this situation as does Aldon and will continue to monitor it closely, the 49ers said in a statement, via the Baltimore Sun.

Smith is currently on leave from the team undergoing rehab. He was arrested and charged with DUI on Sept. 20.

"I am taking a leave of absence to address my health," Smith said in a statement at the time he left. "I am sorry that I have affected my team, my family and the organization. I will do everything in my power to handle this situation the best way possible. I appreciate the support of the 49ers and our fans."

In the fallout from that 2012 house party, current Titans tight end Delanie Walker also has been sued.

 
I'm really surprised more hasn't been made of the felony gun charges against Smith. Is CA a tough on guns policy state like NY; are we talking a Plaxico like situation, or is this something that gets plead down to probation, fines, maybe 30 days in jail...



38 sacks in 35 games, and he just turned 24. He's proving to be one of the best young defenders in the game, and all of a sudden, he's got a DUI, leaves the team indefinitely and then these charges come out.



I'm just surprised this was buried away on page 3.

 
I'm really surprised more hasn't been made of the felony gun charges against Smith.
Well it's not like he did anything serious like use adderall.
Joking aside, the dude had 14 sacks as a rookie, 19.5 last year and 4.5 in 3 games this year (pace for 24; small sample size though.)He's gotta be a top 5-10 defensive player and a top-3 pass rusher.

He's now out indefinitely in rehab after the DUI and today it comes out he's being charged with 3 weapons felonies.

Does he come back this season? Next season? Does he get suspended or legally even end up serving some real time that impacts his career?

I'm just shocked this isn't a bigger story.

 
I'm really surprised more hasn't been made of the felony gun charges against Smith.
Well it's not like he did anything serious like use adderall.
Joking aside, the dude had 14 sacks as a rookie, 19.5 last year and 4.5 in 3 games this year (pace for 24; small sample size though.)He's gotta be a top 5-10 defensive player and a top-3 pass rusher.

He's now out indefinitely in rehab after the DUI and today it comes out he's being charged with 3 weapons felonies.

Does he come back this season? Next season? Does he get suspended or legally even end up serving some real time that impacts his career?

I'm just shocked this isn't a bigger story.
i have no way to evaluate the merits of this article, but for what its worth...

claims that for the particular crime the DA has charged him with, a condition of guilt is knowledge the act was illegal, and it isn't easy to prove... if this is right, and as strange as it sounds, ignorance is a defense...

article thought the timing of the charges, a year or more after event that precipitated them, is odd, and suggests they could be motivated to exert leverage in the DUI case...

disclaimer - not condoning smith's actions - it was his responsibility to know CA law as they relate to gun ownership and possession, and the DUI (second?) was completely inexcuseable...

http://www.ninersnation.com/2013/10/10/4821462/aldon-smith-charges-felony-weapons-possession-dui-political-games

 
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i have no way to evaluate the merits of this article, but for what its worth...

claims that for the particular crime the DA has charged him with, a condition of guilt is knowledge the act was illegal, and it isn't easy to prove... if this is right, and as strange as it sounds, ignorance is a defense...

article thought the timing of the charges, a year or more after event that precipitated them, is odd, and suggests they could be motivated to exert leverage in the DUI case...

disclaimer - not condoning smith's actions - it was his responsibility to know CA law as they relate to gun ownership and possession, and the DUI (second?) was completely inexcuseable...

http://www.ninersnation.com/2013/10/10/4821462/aldon-smith-charges-felony-weapons-possession-dui-political-games
I don't buy into this article. Smith has already had a DUI arrest that was plead down to a reckless charge prior to his latest DUI. There is still pending civil litigation with two persons who have been injured at that party. Smith has held a lot of parties at his property since his first DUI charge, and the 49ers have swept a lot of his behavior under the rug, like they had with an Ahmad Brooks incident at a bar where he injured another person.

What the article fails to mention that there were shots fired at that party, allegedly from Smith and another (possibly Delanie Walker), though not from the rifles.

I can understand the argument the author is trying to make, but she then posts this:

The District Attorney has received a lot of heat for being lenient on the rich within the last few months. Shortly after the accusations were made, the political posturing began. That is, the Assistant DA Scott Tsui stated, "We're not treating anyone differently." The DA had an entire year to investigate Smith and bring forth felony possession charges. A whole year. But it wasn't until even one month ago the DA began to investigate whether he purposely left California to buy the illegal guns. Why did it take so long? The inference is Smith is the wealthy, high-profile defendant he needs to preserve his reputation.


The DUI arrest gave the District Attorney a perfect opportunity to show he can throw the book at the elite. Even if the DA did not believe he could secure a conviction a year ago, the charges can now be tacked on to Smith's DUI charge in an effort to get a plea. While it may not be the high-profile conviction he needs, it may be enough to potentially secure a better plea bargain and save face.

It is pretty simple. If there is new evidence to prosecute the charge, why did it take so long to discover it? And, if there is no new evidence, it is clear to me -- the felony charges are merely a leveraging tool.
California is swamped with pending cases within it's court systems. The gun charges were pending despite Smith's DUI. There is a pattern of his behavior that finally culminated into his arrest, and nobody was doing anything about it until it reached a crisis point. The city of Santa Clara is a very small one that the 49ers have invested heavily in with the new stadium. They couldn't get or even buy that kind of influence in the city of San Francisco like Eddie DeBartolo had. Now the author is saying that the local DA in that city is using this politically in a way to gain clout. She is also surmises that Smith may had not known California's gun laws, to which anybody that legally owns a gun in California knows those laws. It's not like assault rifles and law have been buried in the California newspapers and media.

The timing isn't suspect in order to prove they are doing something against someone who is rich and famous. Rich, famous, and popular sports figures who are employed by a powerful franchise and business within that city have a lot of influence and money to fight charges. The author is trying to make a case that because they are rich and powerful, they finally are doing something about the case. I don't know if she is arguing that because they are rich and famous, they shouldn't bring the charges. She is wondering if the timing is motivated by his recent charge outside of the party incident, but cases like these need thorough investigation, especially if there is a civil case that is tied along with it.

If they did go forward with the gun charge earlier this year, it still might had not prevented his DUI and curbed his behavior. Aldon Smith is a reckless young man whose behavior has been detrimental to the team, yet if he was just a scrub player, nobody, not even the author of the article would care. The 49ers have coddled Smith and his behavior prior to the crisis point. Old "Uncle Eddie" would had used his political clout to keep this under wraps. Or trade Smith to Dallas.

 
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So amazing how the same mind that drives someone to that level of success also drives them to self destruction. :(

 
Aldon Smith... locker cleaned out.
Aldon Smith headed to rehab “sooner than later”

Posted by Mike Florio on September 22, 2013, 5:46 PM EDT
Can you rehab stupid?
He clearly has a problem. Did you see Tomsula's press conference just now?
cliff notes?
He made an open plea, to anyone out there listening with a problem (obviously a substance abuse problem) to seek help. "You deserve it, you are worth it, you are not alone".

 
Aldon Smith... locker cleaned out.
Aldon Smith headed to rehab “sooner than later”

Posted by Mike Florio on September 22, 2013, 5:46 PM EDT
Can you rehab stupid?
He clearly has a problem. Did you see Tomsula's press conference just now?
cliff notes?
He made an open plea, to anyone out there listening with a problem (obviously a substance abuse problem) to seek help. "You deserve it, you are worth it, you are not alone".
Thanks

 
There's also a crawl on the ESPN screen saying Baalke met with him this morning and decision to release was based on Smith not taking responsibility.

 
Sounds like this started over a parking spot argument near his home, he may be claiming he drank AFTER the incident. Maybe he pounded a case of beer in the time it took the police to show up?

 
I guess this is technically a hit and run, but not what I'd assumed from early headlines. (I'm not making light of what happened in any way.)
"Smith, who lives in the apartment complex, backed his GMC truck into the parked car, Clarke said. As he was exiting his truck, his door slammed the already damaged vehicle, leading to the vandalism charge, Clarke said. After exchanging heated words with the car owner, Smith walked away from the scene, Clarke said."
http://www.sfgate.com/news/article/49ers-Aldon-Smith-booked-into-jail-6430920.php

 
Aside from the two other DUIs, the LAX bomb threat and the felony weapons charges, he's been a model citizen.

He lost his job because of five arrests and three DUIs since entering the league, and in the latest case, refusing to accept responsibility. The police felt there was enough evidence of DUI to administer a field sobriety test, which he failed. Given his history, it doesn't look good. What were the circumstances last time? He fell asleep, hit a tree, was drunk and had pills and weed in the car. Maybe it was a misunderstanding? At the party for which he received the felony charges, he was stabbed and two others were shot. Maybe that was a misunderstanding, too, along with having automatic weapons (maybe they were for shooting squirrels)? Should the police give him brownie points for not driving far enough to kill somebody, and hitting a car after drinkng in the parking lot, pretend it didn't happen? I can have sympathy for addiction issues, but continuing to insist on driving while impaired is harder to cut him slack on. If this is hitting bottom and keeps him from killing somebody behind the wheel, it is a small price to pay.

 
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I guess this is technically a hit and run, but not what I'd assumed from early headlines. (I'm not making light of what happened in any way.)

"Smith, who lives in the apartment complex, backed his GMC truck into the parked car, Clarke said. As he was exiting his truck, his door slammed the already damaged vehicle, leading to the vandalism charge, Clarke said. After exchanging heated words with the car owner, Smith walked away from the scene, Clarke said."

http://www.sfgate.com/news/article/49ers-Aldon-Smith-booked-into-jail-6430920.php
Either, best to get off that sinking ship. If that's true he'll get one more shot

 
BusterTBronco said:
So, Smith basically lost his job because the police took a minor parking accident and blew it up to "Hit and Run. Vandalism. DUI"

There is no evidence at all that this is a DUI. That charge won't stick. In fact, none of these charges will stick.

Some other team will pick him up. I guarantee it. Aldon Smith is not the demon that the media is making him out to be.
:lmao:

 
I guess this is technically a hit and run, but not what I'd assumed from early headlines. (I'm not making light of what happened in any way.)

"Smith, who lives in the apartment complex, backed his GMC truck into the parked car, Clarke said. As he was exiting his truck, his door slammed the already damaged vehicle, leading to the vandalism charge, Clarke said. After exchanging heated words with the car owner, Smith walked away from the scene, Clarke said."

http://www.sfgate.com/news/article/49ers-Aldon-Smith-booked-into-jail-6430920.php
Either, best to get off that sinking ship. If that's true he'll get one more shot
Clarke is police spokesperson so location should at least be true. It's just a little less awful than sideswiping another car on the highway.Though, as Bob suggested, if he drank before the incident, that could have happened had he made it out of the lot.Note the report said he walked away from the scene, so there is a possible scenario where there is no DUI. No defense here. He is clearly in need of help regardless.

 
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I guess this is technically a hit and run, but not what I'd assumed from early headlines. (I'm not making light of what happened in any way.)

"Smith, who lives in the apartment complex, backed his GMC truck into the parked car, Clarke said. As he was exiting his truck, his door slammed the already damaged vehicle, leading to the vandalism charge, Clarke said. After exchanging heated words with the car owner, Smith walked away from the scene, Clarke said."

http://www.sfgate.com/news/article/49ers-Aldon-Smith-booked-into-jail-6430920.php
Either, best to get off that sinking ship. If that's true he'll get one more shot
Clarke is police spokesperson so location should at least be true. It's just a little less awful than sideswiping another car on the highway.Though, as Bob suggested, if he drank before the incident, that could have happened had he made it out of the lot.Note the report said he walked away from the scene, so there is a possible scenario where there is no DUI. No defense here. He is clearly in need of help regardless.
Don't forget that no matter what the charge he is looking at least at a year's suspension from the league...at least.

 
Howie Long said on the Herd show this morning he thinks it will come out the next couple days that their is no dui from that "3rd incident".

 

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