As a die-hard New York Giants fan, it’s hard to take off my blue helmet and put on my lawyer hat to rationally discuss wide receiver Plaxico Burress. This is even more true when he retained Ben Brafman, who successfully defended Puffy Daddy, to make his problems to away. But with the Giants 11-1 after beating the pants off the Washington Redskins, it’s time to admit the truth. Burress is a big, tall bone-head who’s going to jail. Here’s the prediction: He’s taking a bullet for shooting a bullet. You heard it here first.
Special treatment? He’s already getting it. You didn’t see a special news alert in the middle of the game to show SWAT teams busting into Burress’ New Jersey mansion, did you? Most shooters don’t get a gentle knock on the door, and a request for permission to speak with the perp.
The “why’s” behind the street-cred stupidity things are obvious. Plax is a street guy who happens to play ball, and carried a gun to “protect” himself from the other street guys who might be inclined to prove that they are as tough as him. No, it’s not a very good reason, but Burress didn’t ask for our advice. That he had an itchy trigger finger and was safety-challenged is a matter for the J-dog to address; apparently Burress didn’t take a decent gun safety class. Of course, a lot of people carrying illegal weapons don’t, But the newspapers reported that he did, at one time, possess a legal Florida carry permit, so it’s possible that he should have known better.
New York State has some very tight gun laws. Falling well within the gaping hole of Heller, Burress took his gun on the road, so the potential safe haven of home defense isn’t readily available to him. I wouldn’t put it past Ben to fashion an excellent argument that this was still a defensive possession, even though in a bar in Manhattan, but that would create an untenable situation for the thousands of other gun possessors who similarly claim that they only carry for safety. Every defendant says that.
There used to be a loophole in the gun law so that a defendant could receive a sentence of probation on a first offense. That was closed when the Lege realized that they stood to be embarrassed when some kid on probation shot up a bodega, and then mandated jail time for a weapon. He could even do prison time. It could happen.
Granted, Burress has yet to be charged or arrested, though Brafman says he will surrender today. Maybe there’s a great story behind this accidental self-shooting. Maybe Ben will find a spin that makes some inkling of sense. He’s a very imaginative fellow, not to be underestimated. But it seems like there’s too much water under the bridge already to change the story now.
The most curious side story to this is that Cornell Medical Center failed to alert police to a gun shot wound when Burress showed up for treatment Friday night. A Giants fan in the ER perhaps? A phone call from the Maras? Most people find hospitals rather unwilling to risk problems with their patients, but apparently the hospital bearing Sandy Weil’s name is the place to go for gun shot wounds from now on. It could be a new marketing strategy, since hospitals are competing for patients with good insurance.
Plaxico Burress is being roundly condemned for being a malcontent, a bad boy and an idiot. Why? He’s a wide receiver. There’s no ethic tests for being a wide out. He’s expected to catch footballs, and he does that awfully well. People continually overlay a duty on sports figures to be better, nicer, smarter then they are. He was known to be street when they signed him up, and it’s not like they forced him to take classes in being a better person. Sure, there’s a morals clause in the contract, but nobody can read the contract while they are counting up the signing bonus.
In the grand scheme of things, Burress was stupid, but not a whole lot more stupid than plenty of others. He wasn’t venal, like Michael Vick. He didn’t pull out the gun to shoot someone. This is a malum prohibitum offense, and not a crime of moral turpitude, unless stupidity implicates morality on the back end. The only person harmed by his itchy finger was himself.
And my beloved Giants. While they can still win without him, it would be better if he was with them on the field catching the fade into the corner of the end zone.
Discover more from Simple Justice
Subscribe to get the latest posts sent to your email.
I don’t know if he’s a malcontent or a bad boy, but he is an idiot. There’s a fairly simple technique to keep from shooting oneself in the thigh — or a kindergartner in the head, for that matter. I don’t want to get too technical, but in layman’s terms, if one keeps the boogerhook off the bang switch, one does not get a bang, and, perhaps more importantly, the bullet stays in the cartridge, and doesn’t lodge itself in the thigh.
Burris isn’t the only person to forget this, and shoot himself in the thigh, mind you, not even this weekend; seems a police chief made the same error. http://www.foxnews.com/story/0,2933,459047,00.html
“Puffy Daddy?” People who don’t collect social security call him “Puff Daddy” I believe. 😉
So, you’re telling me what?
Relax, Scott. Although he was never “Puffy Daddy”, a lot of people called him “Puffy”. Besides, he changed it to “P. Diddy” a while ago and is now just “Diddy”.
Actually, close friends (like me) just call him Piddy, or Pid for short.
It gets complicated for some of us. When The Artist Formerly Known as the Artist Formerly Known as Prince went back to being called whatever, I kinda gave up.
What Burress is guilty of is the possibility that the bullet could have struck another person and killed them.
Bloomberg has the problem of the latest second amendment clarification. NYC is currently not on the same page as the Supreme Court. Burress will walk on gun possession charges but charged for reckless endangerment.
Bloomy can not afford to challenge Burress on gun issues and have the supreme court remove all of NYC and States ridiculous gun laws.
I’m just trying to help you have street cred, it’s important amongst the young whippersnappers these days.
Thanks. I’m considering buying a baseball cap to wear on my head slightly askew as well.
That’s an interesting idea. While I don’t think it amounts to reckless endangerment, that doesn’t mean that can’t charge it and give him a plea option that will let him off with probation.
Still, after Bloomy’s announcement that he’s going to prison, it will be hard to explain if Burress is allowed to cop to probation. But you do have an interesting point.
Maybe I’m overly cynical, but I have heard of politicians backpedaling on threats and promises, from time to time.
From a politician’s point of view, maybe it’s easier to, oh, show mercy for a young man who made a mistake, but learned his lesson than explain to a bunch of football fans why the Giants lost a game, particularly with an election coming up.
Bloomy is just bluffing and is hoping he won’t be challenged. You can not have a constitutional right that does not cross state lines properly. If I buy a gun in Florida I should have the right to go where ever I please with it in the USA; even to NYC. No other constitutional right requires a permit and limits you to your state. What is more, danger does not obey state lines; you should be able to protect yourself in NYC even if you are passing through from Delaware.
If I were Burress’s lawyer I’d be suing NYC on constitutional rights issues and getting my client an apology.
I will call the charges involuntary reckless endangerment, misdemeanor property damage to the floor, and excessive noise.
He fired a gun in public, by accident, with no credible threat to his life.
Guilty.
The second amendment does not say you can shoot your gun in a crowded restaurant. Just like it says you can not yell fire in a crowded movie theater.
However, the weapon is protected.
Bullshit, 30 days, next case. slam.
Bloomy will back pedal to a lesser charge.
He is a Wall Street BS artist not a real lawyer. All bark. Wants to act tough and look menacing. HA!
I’m scared…
I get the sense that you feel rather strongly about this subject.
Yeah. I do. I hate double constitutional standards and firmly believe that we all ( not felons )have the right to own and bear arms. Bloomy or any one else has no right to impose his personal opinions on the general public that conflict with c-rights.
The founding fathers clearly saw it this way; they did not have ANY gun regulation in 1776 and that was their inclination. My feeling is, that they put it there to protect the public from tyrannical govt and police. This is not to say that there is currently a major problem with tyranny but there would be if there were not 100 million gun owners.
The first thing extreme governments do is ban guns.
I personally do not like Burress on many levels but agree with his gun ownership.
When the constitution said WELL ARMED MILITIA that meant military quality arms
not rabbit guns. And a militia by definition is an independent non govt. organization with no direct ties to the formal military. It also did not specify
how many people make up a militia. One person is enough.
It does not matter that a few people are accidentally or intentionally hurt every year by gun owners. People are also killed by cars, cigarettes, and lawn mowers…these are not banned. Why are cars made to go 120 mph if the legal speed limit is 55-65 mph. Once cars go over the speed limit they become dangerous by statute yet cars can go 120 mph…
I do not like having the constitution interpreted. If you want something explicitly guaranteed say so exactly.
The constitution has to be read with respect to the wording in terms the date it was written.
The police should not have the right to dictate gun ownership since they are the reason for having it. Furthermore, if they think the job is too dangerous because of it; get another job !
Guns, the NFL, and the Second Amendment Rights of Players
I’m sure that everyone who follows the NFL has surely heard more than they ever cared to about the recent Plaxico Burress-shoots-himself story. And along with the discussion about his particular situation came a broader discussion about NFL playe…