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Stallworth Detained in traffic fatality (1 Viewer)

it sounds like one report said he admitted to drinking...

hypothetically, if he did, even if he isn't "over the legal limit", he can still be charged for impairment?

at that point, the question about what the pedestrian was doing might be important... i haven't heard that characterized in any way...

 
Moonlight_Graham said:
Carver said:
So...

Let me be the first to pose this question.

"IF" he was indeed intoxicated when he hit and killed this person, should and/or will he serve a longer prison term than one Michael Dwayne Vick?

:goodposting:
I wonder what the family of these 27 would have to say?
Thanks for sharing that; I had never even heard about it.I have to admit that I have very little tolerance for drunk drivers, but I do have a tiny bit of sympathy for someone who was not speeding or breaking any non drinking laws that ends up getting into an accident (not caused by them). One could argue if they were 100 sober, they may have been able to avoid it, but I do understand that is a bad break if someone else did something stupid (also understanding getting behind the wheel was not smart)

 
Carver said:
So...Let me be the first to pose this question. "IF" he was indeed intoxicated when he hit and killed this person, should and/or will he serve a longer prison term than one Michael Dwayne Vick? :shrug:
Isn't the better comparison to Leonard Little?
 
bentley said:
Weiner Dog said:
Knowing very little of law, I would have to think Stallworth contacted his attorney after the accident. Assuming Stallworth contacted his attorney, I would think Stallworth would not freely submit a blood sample w/o some stall tactics from his attorney...if Stallworth were drinking, drugging, whatever.
I don't know that he has a choice if he's involved in a fatal accident.
He always has a choice to do it voluntarily. They can obtain his blood with a warrant, but that requires probable cause, and merely being in a fatal car accident doesn't amount to that. They'd need something else, such as the smell of alcohol on the breath or appearing inebriated to get such a warrant. Then again, people consent to amazingly incriminating "searches" all the time when put on the spot by a request from police, so you never know what he did or didn't agree to. :shrug:
 
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bentley said:
Weiner Dog said:
Knowing very little of law, I would have to think Stallworth contacted his attorney after the accident. Assuming Stallworth contacted his attorney, I would think Stallworth would not freely submit a blood sample w/o some stall tactics from his attorney...if Stallworth were drinking, drugging, whatever.
I don't know that he has a choice if he's involved in a fatal accident.
He always has a choice to do it voluntarily. They can obtain his blood with a warrant, but that requires probable cause, and merely being in a fatal car accident doesn't amount to that. They'd need something else, such as the smell of alcohol on the breath or appearing inebriated to get such a warrant. Then again, people consent to amazingly incriminating "searches" all the time when put on the spot by a request from police, so you never know what he did or didn't agree to. :thumbup:
If you'll read the rest of the thread you'll see that Florida law doesn't give him that choice.
 
The Man With No Name said:
It could have just been a person trying to cross a busy street and Stallworth happened to be the one to hit them. He hasn't been charged with anything. Yet.
:popcorn:
That doesn't matter if he's been drinking. Whether it's his fault or not, if he was drinking he's automatically guilty.
Actually that's not true. In PA a drunk pedestrian was killed late at night crossing the street in a dark intersection. The driver who hit him was also drunk but they determined he wasn't speeding or doing anything else wrong and that had the driver not been drunk the pedestrian would have still been killed, so the driver only got a DUI.
 
If Donte is telling the truth about what he drank and when he stopped, he should have been under the legal limit. That's a big IF though.

 
Actually that's not true. In PA a drunk pedestrian was killed late at night crossing the street in a dark intersection. The driver who hit him was also drunk but they determined he wasn't speeding or doing anything else wrong and that had the driver not been drunk the pedestrian would have still been killed, so the driver only got a DUI.
In your example, you would have come closer to what I was talking about had you said the pedestrian was sober but jaywalking (crossing illegally), and the driver was drunk. In that case I guarantee you the driver would be looking at prison time.
 
Profootballtalk says he had 6 drinks yet the police released him. Why anyone listens to those gossip merchants is beyond me.

 
Profootballtalk says he had 6 drinks yet the police released him. Why anyone listens to those gossip merchants is beyond me.
Read the article identikit was kind enough to post. Stallworth admitted to drinking then quit before midnight. The accident occured around 7 hours later. Stallworth was very cooperative with police and it appears he was trying to be responsible about it. At least he didn't leave the pedestrian, drive off and say one of his friends was driving his car when they track him down later.
identikit said:
PROSECUTORS POISED TO CHARGE STALLWORTH WITH DUI

Posted by Mike Florio on March 14, 2009, 6:47 p.m. EDT

As authorities in South Florida wait for the results of a blood draw performed on Browns receiver Donte’ Stallworth, a source with knowledge of the investigation tells us that prosecutors are preparing an indictment for DUI manslaughter, under the assumption that the results will show that Stallworth’s blood alcohol content exceeded the legal limit of 0.08 percent when he collided with a pedestrian, who later died.

Per the source, Stallworth admitted to drinking at least four Patrons and two Margaritas. A separate source called that information “basically right,” but added that Stallworth contends he had his last drink at midnight. The incident occurred after 7:00 a.m. local time.

We’re also told that Stallworth claimed in his statement to police that he saw the man crossing the street from a distance, and flashed the high beams and honked the horn of the Bentley he was driving. Apparently, there’s an issue as to whether Stallworth could have taken evasive action because of a barrier along the median.

We’re told that Stallworth is badly shaken by the news that the pedestrian had died.

And, frankly, he should be. Apart from the fact that he was involved in an accident that claimed a man’s life, Stallworth could be facing serious criminal liability, if the pending test reveals an impermissibly high concentration of alcohol in his blood.

http://www.profootballtalk.com/2009/03/14/...worth-with-dui/
 
Article from the local newspaper (video within the link at the bottom):

By LUISA YANEZ

lyanez@MiamiHerald.com

A video obtained by The Miami Herald on Sunday shows Cleveland Browns wide receiver Donte Stallworth being given a sobriety test by two Miami Beach police officers, while nearby rescue workers try to revive the pedestrian he struck and killed.

On Sunday, Miami Beach police continued their probe into Saturday's deadly accident at the southeast end of the MacArthur Causeway approaching South Beach.

Stallworth, 28, driving a Bentley, struck Mario Reyes, 59, an overnight crane operator who was trying to cross the street to catch a bus home just after 7 a.m.

The video shows Miami Beach rescue workers tending to Reyes. Meanwhile, Stallworth in jeans a shirt, is being questioned by two officers; one is looking at Stallworth's eyes with a small flashlight.

Police said Stallworth has not been charged and was cooperating with the investigation. Officers drew blood to test for drugs or alcohol, which is routine. Results from the test could take anywhere from three days to three weeks, authorities said.

On Sunday, Reyes' family described him as a family man.

''He spent all his free time with his family,'' Reyes' brother-in-law, Francisco Fajardo, told The Associated Press on Sunday. ``He was on his way home.''

Reyes had worked all night at his job with the shipping company Bernuth Agencies, located just feet from the crash. The phone rang unanswered at the company on Sunday.

His family and co-workers said he had clocked out only minutes before the accident Reyes, 59, was near a crosswalk but it's unclear if he was crossing legally.

While police were investigating the crash, Reyes was taken to a trauma center.

His family was notified after he arrived, told only that ''there had been an accident.'' Rushing to the hospital, they could only hope and pray for the best.

''When we got there, it was too late,'' Fajardo said. ``He was gone.''

A witness at the scene told The Miami Herald that Reyes appeared to have died at the scene. He also said it seemed to him that Stallworth had tried to beat the red light by going around a vehicle that had already stopped at the light.

Reyes was born in Cuba and left the island as a teenager for a better life in the U.S. He worked numerous construction jobs. He was an avid baseball fan, particularly fond of the local Florida Marlins.

Reyes leaves behind his wife of almost 20 years, Catalina, and the couple's 15-year-old daughter, Daniela. They live in a southwest Miami home owned by Fajardo, which they share with his family.

Reyes' wife and daughter were too distraught to speak Sunday.

''Our family is in shock,'' Fajardo said. ``They don't really want to talk.''

Police would not say where Stallworth was coming from or where he was headed. A message seeking comment was left on the voicemail of his agent, Drew Rosenhaus. The Browns said in a statement they were aware of what happened but would not comment until the investigation is complete.

Stallworth signed a seven-year, $35 million contract with the Browns as a free agent before last season but hardly played because he was hurt. He was scheduled to receive a $4.75 million signing bonus Friday.

Stallworth, who previously played for New England, Philadelphia and New Orleans, finished last season with just 17 catches for 170 yards. He was slowed all season by a nagging hamstring injury and made just seven starts for the Browns.

Stallworth had his best season with the Saints in 2005, when he made a career-high 70 receptions for 945 yards and seven touchdowns. He was drafted in the first round (No. 13 overall) by the Saints in 2002. Stallworth played college football at Tennessee.

http://www.miamiherald.com/459/story/951343.html

 
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video has like 4-5 seconds of him taking the dui but altogether(guy gravely injured on ground with paramedics while Donte takes DUI test) that video will just be brutal to Donte if the prosecution can get it into court.

 
Article from the local newspaper (video within the link at the bottom):By LUISA YANEZlyanez@MiamiHerald.comA video obtained by The Miami Herald on Sunday shows Cleveland Browns wide receiver Donte Stallworth being given a sobriety test by two Miami Beach police officers, while nearby rescue workers try to revive the pedestrian he struck and killed.
Stay classy Miami Herald. Nothing like putting up a video of a guy dying just to get the page views. :thumbup:
 
Isn't Stallworth already in the NFL Substance Abuse Program?
No. He did have an issue a couple years ago where he tried to drive away after being pulled over by a cop, but there have been no substance problems as far as I know, and none have been mentioned in any of the articles regarding this incident.
 
identikit said:
PROSECUTORS POISED TO CHARGE STALLWORTH WITH DUI

Posted by Mike Florio on March 14, 2009, 6:47 p.m. EDT

We’re also told that Stallworth claimed in his statement to police that he saw the man crossing the street from a distance, and flashed the high beams and honked the horn of the Bentley he was driving. Apparently, there’s an issue as to whether Stallworth could have taken evasive action because of a barrier along the median.

http://www.profootballtalk.com/2009/03/14/...worth-with-dui/
this part doesn't make much sense. saw him from a distance, flashed his high beams and honked his horn, but couldn't avoid hitting him? no brakes in this bentley?
 
identikit said:
PROSECUTORS POISED TO CHARGE STALLWORTH WITH DUI

Posted by Mike Florio on March 14, 2009, 6:47 p.m. EDT

We're also told that Stallworth claimed in his statement to police that he saw the man crossing the street from a distance, and flashed the high beams and honked the horn of the Bentley he was driving. Apparently, there's an issue as to whether Stallworth could have taken evasive action because of a barrier along the median.

http://www.profootballtalk.com/2009/03/14/...worth-with-dui/
this part doesn't make much sense. saw him from a distance, flashed his high beams and honked his horn, but couldn't avoid hitting him? no brakes in this bentley?
WTF? Flashing your lights and honking your horn at a pedestrian? From a distance? Why? From what distance?If he wasn't under the influence, he certainly seems to be a reckless #######.

 
knowledge dropper said:
Isn't Stallworth already in the NFL Substance Abuse Program?
Now that you mention it, I do remember something from him before signing with the Pats regarding the program.
 
identikit said:
Article from the local newspaper (video within the link at the bottom):

By LUISA YANEZ

lyanez@MiamiHerald.com

A video obtained by The Miami Herald on Sunday shows Cleveland Browns wide receiver Donte Stallworth being given a sobriety test by two Miami Beach police officers, while nearby rescue workers try to revive the pedestrian he struck and killed.

On Sunday, Miami Beach police continued their probe into Saturday's deadly accident at the southeast end of the MacArthur Causeway approaching South Beach.

Stallworth, 28, driving a Bentley, struck Mario Reyes, 59, an overnight crane operator who was trying to cross the street to catch a bus home just after 7 a.m.

The video shows Miami Beach rescue workers tending to Reyes. Meanwhile, Stallworth in jeans a shirt, is being questioned by two officers; one is looking at Stallworth's eyes with a small flashlight.

Police said Stallworth has not been charged and was cooperating with the investigation. Officers drew blood to test for drugs or alcohol, which is routine. Results from the test could take anywhere from three days to three weeks, authorities said.

On Sunday, Reyes' family described him as a family man.

''He spent all his free time with his family,'' Reyes' brother-in-law, Francisco Fajardo, told The Associated Press on Sunday. ``He was on his way home.''

Reyes had worked all night at his job with the shipping company Bernuth Agencies, located just feet from the crash. The phone rang unanswered at the company on Sunday.

His family and co-workers said he had clocked out only minutes before the accident Reyes, 59, was near a crosswalk but it's unclear if he was crossing legally.

While police were investigating the crash, Reyes was taken to a trauma center.

His family was notified after he arrived, told only that ''there had been an accident.'' Rushing to the hospital, they could only hope and pray for the best.

''When we got there, it was too late,'' Fajardo said. ``He was gone.''

A witness at the scene told The Miami Herald that Reyes appeared to have died at the scene. He also said it seemed to him that Stallworth had tried to beat the red light by going around a vehicle that had already stopped at the light.

Reyes was born in Cuba and left the island as a teenager for a better life in the U.S. He worked numerous construction jobs. He was an avid baseball fan, particularly fond of the local Florida Marlins.

Reyes leaves behind his wife of almost 20 years, Catalina, and the couple's 15-year-old daughter, Daniela. They live in a southwest Miami home owned by Fajardo, which they share with his family.

Reyes' wife and daughter were too distraught to speak Sunday.

''Our family is in shock,'' Fajardo said. ``They don't really want to talk.''

Police would not say where Stallworth was coming from or where he was headed. A message seeking comment was left on the voicemail of his agent, Drew Rosenhaus. The Browns said in a statement they were aware of what happened but would not comment until the investigation is complete.

Stallworth signed a seven-year, $35 million contract with the Browns as a free agent before last season but hardly played because he was hurt. He was scheduled to receive a $4.75 million signing bonus Friday.

Stallworth, who previously played for New England, Philadelphia and New Orleans, finished last season with just 17 catches for 170 yards. He was slowed all season by a nagging hamstring injury and made just seven starts for the Browns.

Stallworth had his best season with the Saints in 2005, when he made a career-high 70 receptions for 945 yards and seven touchdowns. He was drafted in the first round (No. 13 overall) by the Saints in 2002. Stallworth played college football at Tennessee.

http://www.miamiherald.com/459/story/951343.html
This is sad. This sounds like two guys in a hurry who may not have done all they could to be careful. On a personal note, never assume that because your light just turned green or the crosswalk just gave you the "walk" signal that it's safe to cross. There's an intersection near my house that's like this and I've had a few close calls from drivers running yellows and reds.

 
RIP

This is going to take months to play itself out. If Stallworth was trying to "beat"the red light and is impaired he is in a world of hurt.

 
bentley said:
The Shizzle said:
bentley said:
kawaihae said:
In a lot of states you do NOT have the right to speak to an attorney in a DUI case. The government gets around it by arguing that, while waiting for an attorney, too much time could lapse and the results of the blood/breath tests would spoil. Legally, they get around constitutional requirements (You have the right to an attorney, etc...) by saying that you implicitly waive the right to an attorney in a DUI case when you agree to drive on the government's roads.Crazy, huh?But, I think that you can try to stall on your own. Or maybe flat out refuse the tests? But I think there are usually harsh consequences for that as well...
I'm sure this varies by the state, but in Texas, the cops can get a 'probable cause' warrant to draw blood in about eleven seconds with a situation like that. You can refuse to take sobriety tests all day long, but they can apparently force the blood draw.
I heard earlier on NPR that if there is a fatality, then there is a mandatory blood test per Florida law.
Thanks for the info. Also, I'm not sure how the government gets around the Sixth Amendment (the Supreme Court apparently decided in 1966 that forced blood draws didn't violate the Fourth), but I'm virtually certain that it doesn't involve waiving the right when you agree to drive on the government's roads. My guess is that the Sixth guarantees counsel at trial and the government argues that you're not on trial at the point of the draw.
You don't get to call your lawyer to find out whether you have to or not when the cops tell you to drop your weapon either. And it doesn't matter if you are on government property or not.I know it's a little different, but it just doesn't make much sense for allowing the right to an attorney to be used as a way for a person to avoid the gathering of legit evidence that would otherwise be impossible to gather (with a delay).
 
If Donte Stallworth was charged with a DUI and killed someone - he should be ok in the NFL's eyes. Not the Michael Vick witch hunt type of scenario. (sarcasm).

This happened to Leonard Little. I don't believe he was ever suspended or punished by the NFL.

Also in the eyes of public opinion - killing dogs is much worse than killing people. (Some sarcasm here - but also some truth) The media coverage and public outrage over Vick killing dogs got way more headlines than than Leonard Little killing a person or even this story is getting.

 
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If Donte Stallworth was charged with a DUI and killed someone - he should be ok in the NFL's eyes. Not the Michael Vick witch hunt type of scenario. (sarcasm).This happened to Leonard Little. I don't believe he was ever suspended or punished by the NFL.Also in the eyes of public opinion - killing dogs is much worse than killing people. (Some sarcasm here - but also some truth) The media coverage and public outrage over Vick killing dogs got way more headlines than than Leonard Little killing a person or even this story is getting.
apples and oranges, different sheriff in town...
 
Article from the local newspaper (video within the link at the bottom):By LUISA YANEZlyanez@MiamiHerald.comA video obtained by The Miami Herald on Sunday shows Cleveland Browns wide receiver Donte Stallworth being given a sobriety test by two Miami Beach police officers, while nearby rescue workers try to revive the pedestrian he struck and killed.
Stay classy Miami Herald. Nothing like putting up a video of a guy dying just to get the page views. :thumbdown:
;) :goodposting: :goodposting: :goodposting: :goodposting:
 
Donte' Stallworth-WR-Browns Mar. 19 - 1:04 pm et

A South Florida TV station reports that Donte' Stallworth was "slightly" over the legal alcohol limit when his vehicle collided with pedestrian Mario Reyes last weekend, killing Reyes.

Stallworth's attorney and Miami police will not confirm the report. If the report proves accurate, police could charge Stallworth with DUI manslaughter, a felony calling for up to 15 years in prison. Source: CBS 4 Miami

 
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Donte' Stallworth-WR-Browns Mar. 19 - 1:04 pm et

A South Florida TV station reports that Donte' Stallworth was "slightly" over the legal alcohol limit when his vehicle collided with pedestrian Mario Reyes last weekend, killing Reyes.

Stallworth's attorney and Miami police will not confirm the report. If the report proves accurate, police could charge Stallworth with DUI manslaughter, a felony calling for up to 15 years in prison. Source: CBS 4 Miami
If this is true, he's obviously in big trouble with the league and the law, but he's going to get his pants sued off by the family, too (rightfully so).Could be game over.

 
Donte' Stallworth-WR-Browns Mar. 19 - 1:04 pm et

A South Florida TV station reports that Donte' Stallworth was "slightly" over the legal alcohol limit when his vehicle collided with pedestrian Mario Reyes last weekend, killing Reyes.

Stallworth's attorney and Miami police will not confirm the report. If the report proves accurate, police could charge Stallworth with DUI manslaughter, a felony calling for up to 15 years in prison. Source: CBS 4 Miami
If this is true, he's obviously in big trouble with the league and the law, but he's going to get his pants sued off by the family, too (rightfully so).Could be game over.
Yep, "Game over man, game over !!!" - Pvt Hudson
 
Report is he was 0.12 which is a little more then slightly to me if there's such a meaning in DUI terms. Florida is 0.08

Link

 
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Report is he was 0.12 which is a little more then slightly if there's such a meaning in DUI terms. Florida is 0.08

Link
I highly doubt the judge will say "Donte, since you were only slightly drunk were are going to give you a break"Just heard on ESPN Stallworth could be looking at 15 years.

 
gump said:
What are the differences between this and Leonard Little's case?
Legally, I can't speak on it. I will however bet anyone here he doesn't see 15 years in jail. As far as the NFL goes.... major difference that jumps out at me isIron Fist Goddell vs Cupcake Tagliabue
 
towney said:
Report is he was 0.12 which is a little more then slightly to me if there's such a meaning in DUI terms. Florida is 0.08

Link
Agreed, from having practiced law on both sides of the criminal law, I can say that the court system takes a .12 seriously when the limit is .08. .09 or perhaps .10 would fall under slightly.
 
Well if this is true, I pray for his soul. I'd rather be the one killed than to have to live with that on my conscience. God bless the Reyes family and Stallworth. That said, I hope the Browns get every cent of that bonus back, cut ties now, and sign Torry Holt. If this is true of course.

 
Article from the local newspaper (video within the link at the bottom):By LUISA YANEZlyanez@MiamiHerald.comA video obtained by The Miami Herald on Sunday shows Cleveland Browns wide receiver Donte Stallworth being given a sobriety test by two Miami Beach police officers, while nearby rescue workers try to revive the pedestrian he struck and killed.
Stay classy Miami Herald. Nothing like putting up a video of a guy dying just to get the page views. :)
I'll have to watch again I suppose but I only saw a side view of a guy on a stretcher. This reaction seems overboard then.It's not like we see the guy gasping for his last breath crawling on the floor or sufferring in some capacity. I really thought that was so mild compared to what's on TV.
 
Article from the local newspaper (video within the link at the bottom):By LUISA YANEZlyanez@MiamiHerald.comA video obtained by The Miami Herald on Sunday shows Cleveland Browns wide receiver Donte Stallworth being given a sobriety test by two Miami Beach police officers, while nearby rescue workers try to revive the pedestrian he struck and killed.
Stay classy Miami Herald. Nothing like putting up a video of a guy dying just to get the page views. :thumbdown:
I'll have to watch again I suppose but I only saw a side view of a guy on a stretcher. This reaction seems overboard then.It's not like we see the guy gasping for his last breath crawling on the floor or sufferring in some capacity. I really thought that was so mild compared to what's on TV.
I just re-watched it. Miami news has cut out the gravely injured man, miam herald hasn't.It shows more than I rememberred.Upon second thought I'm not sure here. Maybe Grove's right. There is a warning: "*THIS VIDEO CONTAINS GRAPHIC IMAGES* As medics work to resuscitate a pedestrian that was struck and killed on the MacArthur Causeway Saturday morning, the driver of the car, Cleveland Browns' player Donte Stallworth is seen taking a sobriety test administered by Miami Beach police. "
 
Well if this is true, I pray for his soul. I'd rather be the one killed than to have to live with that on my conscience. God bless the Reyes family and Stallworth. That said, I hope the Browns get every cent of that bonus back, cut ties now, and sign Torry Holt. If this is true of course.
I don't see how they can get back a legal bonus. This happened after he earned it.
 
Well if this is true, I pray for his soul. I'd rather be the one killed than to have to live with that on my conscience. God bless the Reyes family and Stallworth. That said, I hope the Browns get every cent of that bonus back, cut ties now, and sign Torry Holt. If this is true of course.
I don't see how they can get back a legal bonus. This happened after he earned it.
If Stallworth worked for AIG it'd be a different story ;)
 
"Slightly" over the legal limit? Is that like being slightly pregnant?

Drunk is drunk. And if Stallworth was drunk when he hit and killed someone with his car, then he deserves whatever jail time he ultimately receives.

 
How many situations like this before the NFL puts in a mandatory sentence for all DUI's? One DUI and your out X number of games with X fine.

Stallworth is done unless he gets off on some sort of technicality.

 
At 7:00am do you think Stallworth was up all night?? Or got drunk the night before and woke up early and had something to do.

There have been a few times when I got blasted and went to bed around midnight, then was up at 6-7 picking some things up from the store or whatever.

 
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