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NYC grand jury indicts Burress on weapons charges
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Former New York Giants star Plaxico Burress was indicted by a grand jury on weapons charges after shooting himself in the thigh at a Manhattan night club last winter, prosecutors announced Monday.
The indictment charged the 31-year-old Burress with two counts of criminal possession of a weapon and one count of reckless endangerment, Manhattan District Attorney Robert Morgenthau said.
Burress' former teammate, Giants linebacker Antonio Pierce, was not indicted for his role in the incident.
"A grand jury applied the law to the facts of this case," Morgenthau said.
No one else is likely to face charges in the case, Morgenthau said. He said some of the others involved in the incident "showed first-degree bad judgement," but their actions didn't rise to the level of a crime.
Burress was at the Latin Quarter nightclub Nov. 29 when he shot himself in the thigh after a gun tucked in the waist of his track pants slipped down his leg and fired. Authorities say Pierce, who was with Burress at the club, drove his then-teammate to the hospital and took the gun to Burress' home in Totowa, N.J.
The gun was not licensed. No one called police to report the gunshot wound, as required by law: Not the players, nor NFL officials, nor the hospital where Burress was treated.
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Hmmm...nobody called the police? Maybe they couldn't remember the number for 9-1-1?
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Schtevixco
11 comments:
For a hospital to treat, but not report a gunshot wound is a very serious matter. But a grand jury indictment is a long way from a trial, and an even longer way from a conviction and any possible jail time, which i really doubt he'll do, being a "celebrity" and all. Of course, if they do find him guilty as charged, it'll be just more racism, so look for Al $harptongue, Je$$e Jackass to get involved given this morons bankroll. And don't be surprised if yo president Yomama gets involved, albeit very quietly this time.
Too bad the nitwit wasn't wearing the gun around his neck when it went off.
Ditto what Spider said. Especially the nitwit part.
But let me add, if Mayor Handwringer of NYC, is REALLY about gun laws and wants to push for gun safety, he'll push for Burress to be convicted and to do the max for the crimes. Burress was clearly NOT supposed to have a gun legally, nor smart enough to use it safely. He could have shot someone other than himself. I'm not holding my breath for Mr Mayor to do that, but I can hope.
Of course, I could pee in the Acrtic Ocean to raise the tide too, but...
carried gun- protected by second amendment
shot himself- right to be stupid
not to report- right to privacy- doctor-patient confidentiality can not be breached w/o a subpoena otherwise the doctor/hospital can be sued and subjected to criminal prosecution.
I have to take these courses all the time to lower my own malpractice premiums.
addendum-
I'm not saying spider is wrong. He is absolutely correct. This is where lawyers and politicians and insurance companies screw the players and enrich themselves. Truly a fine example.
There is a no win situation for the doctors and hospitals in this scenario. No good outcome. No outcome other than they get screwed one way or the other. Tell and breach confidentiality or stay confidential and break gun laws.
And folks wonder why I want to chuck it all and live on the beach in Costa Rica.
Stuck between a rock and a hard place OR damned if you do, damned if you don't.
You make an interesting point Bill. The law states that a hospital "must" report treating a gunshot wound to the police. But, does the doctor/patient confidentially still hold if he was treatd by an emergency room doctor, in an emergency situation, and not his own physician?
yes. He is the doctor of record
I wonder if the mandatory reporting of a gunshot wound has ever been challenged on a right to privacy basis.
I wouldn't want to be the test case
Missy, under NYC law, the report must be filed since the wound was the result of either a crime, or at the very least, a violation of law. No one has an expectation of privacy when breaking the law. In NYC, it's a misdemeanor to discharge a firearm within the city limits.
Of course, this law does not apply at a licensed pistol range, or when a licensed permit holder is found to have fired in self defense.
Spider if you show up to the ER with a gunshot wound, it is evidence that you were shot and not that you shot someone. Unless its a crime to be shot, then the argument does not hold. Is there a law where you MUST report being a crime victim?
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