Cowboys bad news

[Senator]

Matt Barrie ‏@Matt_Barrie

Can confirm #Cowboys Josh Brent was booked for intoxication and manslaughter. Jason Garrett addressed the team privately on plane.
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34m Lynn Kawano Lynn Kawano ‏@LynnKawano

@dallascowboys nose tackle in jail for intoxication manslaughter. Sources tell me he allegedly killed a teammate. pic.twitter.com/dVZ0kxcB

[JonInMiddleGA]

Multiple unconfirmed reports that the teammate was reserve squad LB Jerry Brown, apparently a college teammate (?) of Brent's.

[Scoobz0202]

Was just reading this.

:(

[IlliniCub]

An Illini too.....tragic, that's why I walk every where I go when I'm drinking. This is one of those things that just should never happen a ride is always a phone call away.... I seem to remember Brent having some trouble when he played with the Illini with the law and drinking but am not certain

[mckerney]

If cars were illegal this wouldn't have happened.

[IlliniCub]

What's the over/under on Costas grand standing again?

[mckerney]

He plans to continue to raise car culture issues.

[dawgfan]

It never ceases to amaze me that financially comfortable folks still insist on driving when they go out drinking instead of taking a cab or hiring a limo for the night.

I feel terrible for the families affected.

[bulletsponge]

What's the over/under on Costas grand standing again?

or Whitlock comparing GM to the KKK?


such a sad event, like all drunk driving deaths

[M GO BLUE!!!]

It never ceases to amaze me that financially comfortable folks still insist on driving when they go out drinking instead of taking a cab or hiring a limo for the night.

I feel terrible for the families affected.

Yep. Guys that pay $30,000 fines without blinking can't drop $30 on a cab. Senseless.

[RainMaker]

Very sad news. So young and so much life ahead of both of them. Thankfully no innocent parties were hurt.

[JPhillips]

Apparently the NFLPA has a ride call program for anywhere in the country. No sense in any of this.

[stevew]

Is there free sex involved?

[Sun Tzu]

Stupid.

[dawgfan]

Apparently the NFLPA has a ride call program for anywhere in the country. No sense in any of this.
Man, even worse. Simply no excuse for these guys to drive drunk.

[fortheglory]

Apparently the NFLPA has a ride call program for anywhere in the country. No sense in any of this.

They should have just taken a cab...the reason they don't like to utilize this is thqt it's documented who used it, when, and how often.

[JPhillips]

They should have just taken a cab...the reason they don't like to utilize this is thqt it's documented who used it, when, and how often.

Better that than one dead guy and one going to prison for a decade.

[hoopsguy]

I seem to remember Brent having some trouble when he played with the Illini with the law and drinking but am not certain

Yep, Brent had a DUI while at Illinois as well. Also had problems in the classroom. One of those guys that you cheer for on the football field a little less because of all the noise he created off the field.

[RainMaker]

Josh Brent Had To Be Begged To Pull Jerry Brown From Burning Car, Witness Says (http://deadspin.com/5967499/josh-brent-had-to-be-begged-to-pull-jerry-brown-from-burning-car-witness-says)

[molson]

Josh Brent Had To Be Begged To Pull Jerry Brown From Burning Car, Witness Says (http://deadspin.com/5967499/josh-brent-had-to-be-begged-to-pull-jerry-brown-from-burning-car-witness-says)

"It was not until flames near the engine got larger that McWilliams claims she heard Brown crying for help from inside the car, at which point she had to convince Brent to try to pull Brown out of the car."

You'd think he'd be a little braver than that with that level of intoxication.

He's out on bond now, hopefully they have a really aggressive pretrial release program in that county, with some kind of 24/7 alcohol consumption monitoring (sometimes they have the SCRAM alcohol monitoring bracelets, though usually that's on probation after conviction), it's not uncommon at all for people to get DUIs when they have other DUIs pending. He's life is turned upside-down, he's probably hitting the bottle pretty hard unless he's being monitored.

[RainMaker]

I thought I read that Brown's family invited him to the funeral and were being supportive of him. You would hope that the death was quick and painless, but if this is true, that's a horrible way to go. Especially if he was consumed in the flames.

[stevew]

Well, he'll get his 2-20 years and learn a lesson.


And how much alcohol does it take to get this fatass nose tackle drunk

[Raiders Army]

I'm sure Dez Bryant was thinking "I'm the one who needs a 24 hour chaperone?"

[Cap Ologist]

There was another report today on the radio from another witness who is debunking the first report. Whatever happened, the combination of booze and shock would probably make for a weird response from anyone.

[Matthean]

Whatever happened, the combination of booze and shock would probably make for a weird response from anyone.

+1.

[stevew]

Jay Ratliff of Dallas Cowboys arrested, charged with DWI - ESPN Dallas (http://espn.go.com/dallas/nfl/story/_/id/8870962/jay-ratliff-dallas-cowboys-arrested-charged-dwi)

Cowboys NT=fucking awesome people.

[Desnudo]

That's only 4 miles from my house!

You'd have to be insane to drive drunk through there. Some of the heaviest construction in the country with really confusing temporary roads.

[molson]

At least he knows he's part of a franchise that will rally around him and treat him like a victim.

[stevew]

Hopefully he can show up on the sidelines of the pro bowl.

[Apathetic Lurker]

The Cowboys.....Working hard to be the NFC's version of the Bengals

[Kodos]

The Cowboys.....Working hard to be the NFC's version of the Bengals

Beat me to it.

[Matthean]

The Cowboys.....Working hard to be the NFC's version of the Bengals

Lions already have that down.

[Chief Rum]

Stupid or weak-willed. Maybe the former, probably the latter. Honestly, the latter is the more unforgivable.

[HomerSimpson98]

That's only 4 miles from my house!

You'd have to be insane to drive drunk through there. Some of the heaviest construction in the country with really confusing temporary roads.

This. Its hard enough to figure out sober what the F is going on and where the damn lines are and figure out why you keep driving over the road titties in the middle of what you think is the lane.

[Logan]

Brent was handed 10 years (suspended) and will serve 6 months in jail. Pretty disgusting.

[Cap Ologist]

Kind of sad he'll probably get a longer suspension from the league than jail sentence.

[JonInMiddleGA]

Brent was handed 10 years (suspended) and will serve 6 months in jail. Pretty disgusting.

But but but ... he got those 10 years on PROBATION ! The horror !
(same as he got for his previous DUI conviction in 2009, since it worked so well for him previously ...)

[JonInMiddleGA]

Then again, he got hammered compared to the 3 years probation that Dany Heatley got for second-degree vehicular homicide, driving too fast for conditions, failure to maintain a lane, and speeding.

[Easy Mac]

Then again, he got hammered compared to the 3 years probation that Dany Heatley got for second-degree vehicular homicide, driving too fast for conditions, failure to maintain a lane, and speeding.

meh, Leonard Little killed a civilian and got 4 years probation. He then got another DUI, but it was knocked to speeding and 2 years probation.

I think we've learned you can kill whoever you want as long as you play sports.

[flounder]

I think we've learned you can kill whoever you want as long as you play sports.

And somewhere, Rae Carruth sheds a bitter tear.

[claphamsa]

curious about what the lawyers here say... is this normal? Expected? I mean... its Texas...

[molson]

curious about what the lawyers here say... is this normal? Expected? I mean... its Texas...

You'd think Texas would be harder on crime, though, from the ESPN.com article, "Brent's attorneys pushed their case for probation Thursday, calling a Dallas County official who testified that the county currently has 34 intoxication manslaughter cases that resulted in probation."

It seems somewhat lighter than normal to me, just because of the previous DUI. I think in my state he'd get maybe 2 years fixed and 8 years indeterminate (it'd be up to the parole board whether to let him out after 2.) I think in general, people would be surprised how relatively light intoxication manslaughter sentences are. It's not seen as "killing someone", its seen as driving drunk with an aggravating factor of there being a really bad but unintended result.

And it seems like states and counties vary a ton on how much someone is monitored on probation. When there's actual probation officers enforcing probation, that can be a serious part of a sentence that very often results in real time served. I'm sure a condition of that 10 year probation is that he not drink. If they have aggressive probation officers, you'd think they'd catch him drinking at some point, and then bam, he's doing some or all of that 10 years. But in reality, he won't be "caught drinking" unless he gets another DUI during that 10 years. Even though you waive your 4th amendment rights when you're on probation, and officers could go into his house any time and look for booze. That never happens though.

[bhlloy]

I'm very torn on this one - on one hand I'm very strongly in favor of drunk driving being given way heavier sentences than they do all over the country (and I don't believe it's just athletes that get off, if you can afford a good lawyer I think you can probably get the same deal in most cases)

On the other, the victims mom was asking for probation and no jail time. What is the judge supposed to say to that? There's probably a ton of legal and ethical questions around it but just from a human perspective do you day "sorry your kid already died, we are also just going to ignore your wishes here as well"? Tough situation.

[molson]

On the other, the victims mom was asking for probation and no jail time. What is the judge supposed to say to that?

I have seen this kind of thing before....

"I've listened to your statement ma'am and I do consider it making this sentencing determination. However, I am also required by law to consider other sentencing factors, the important of which, is protection of the community. I must impose a sentence that protects other drivers, and other mothers, from going through what your family has gone through."

It's most common in domestic battery cases to have a victim stick up for the defendant, but it happens in other contexts like this, and at the end of the day, it doesn't really matter much. The case is state v. Brent, not Brown's mom v. Brent. If she doesn't want to pursue a civil suit, she certainly doesn't have to, but the state has its own interests in going after Brent criminally.

[bhlloy]

That's a great answer, and I probably do agree with it on balance. However if that's the case, why have outside influences comment on sentencing at all?

[JonInMiddleGA]

However if that's the case, why have outside influences comment on sentencing at all?

Honestly, I imagine that's most likely to enhance the illusion that their input matters. People generally like that sort of thing, even if it's only an illusion.

And besides, how much do we really want that to influence things? I mean, that could get downright medieval on some defendants.

[molson]

That's a great answer, and I probably do agree with it on balance. However if that's the case, why have outside influences comment on sentencing at all?

Most state legislatures have passed "Victims Rights Acts" which gives victims a right to be notified of hearings, to be present at hearings, and to make a statement at sentencing. (Though in my state, a victim has a right to talk about how the crime impacted them, but they're not allowed to actually give specific sentencing recommendations.) So that right, while it probably doesn't mean that much on its own, is really part of broader legislation pushed by victims' rights advocates.

So victims (and relatives of homicide victims who can't speak for themselves) have a unique statutory right to be heard at sentencing. And those statements very well CAN influence a judge's sentencing determination, it's really just up to the judge. A judge is required by state law to consider a lot of factors, but they have almost total discretion to decide how much weight to give to each factor. And who knows, maybe if Brown's mother told the judge how much the loss of her son impacted her life, and how she thought Brent should go away for a long time, the judge might have imposed a harsher sentence.

[panerd]

I'm very torn on this one - on one hand I'm very strongly in favor of drunk driving being given way heavier sentences than they do all over the country (and I don't believe it's just athletes that get off, if you can afford a good lawyer I think you can probably get the same deal in most cases)

On the other, the victims mom was asking for probation and no jail time. What is the judge supposed to say to that? There's probably a ton of legal and ethical questions around it but just from a human perspective do you day "sorry your kid already died, we are also just going to ignore your wishes here as well"? Tough situation.

First of all I NEVER drink and drive and I do like to have a cocktail or two. I am responsible and when I do drink more than a few I have a DD, stay in a hotel, etc... I also have no sympathy for cases like this one especially if they throw the book at him.

That said... I sadly used to drink and drive during a younger period of my life and feel like a .08-.10 deadly accident could sometimes actually be an accident that could have happened regardless of drinking while a wrong way .25 accident seems like it is almost certainly the cause. The law seems to treat both the same. Maybe I am wrong because of course this is just anecdotal experiences but I would strongly favor a system (even just DWI, non-homicide) that made some sense distinguishing between the .08 vs .25.

[panerd]

You'd think Texas would be harder on crime, though, from the ESPN.com article, "Brent's attorneys pushed their case for probation Thursday, calling a Dallas County official who testified that the county currently has 34 intoxication manslaughter cases that resulted in probation."

It seems somewhat lighter than normal to me, just because of the previous DUI. I think in my state he'd get maybe 2 years fixed and 8 years indeterminate (it'd be up to the parole board whether to let him out after 2.) I think in general, people would be surprised how relatively light intoxication manslaughter sentences are. It's not seen as "killing someone", its seen as driving drunk with an aggravating factor of there being a really bad but unintended result.

And it seems like states and counties vary a ton on how much someone is monitored on probation. When there's actual probation officers enforcing probation, that can be a serious part of a sentence that very often results in real time served. I'm sure a condition of that 10 year probation is that he not drink. If they have aggressive probation officers, you'd think they'd catch him drinking at some point, and then bam, he's doing some or all of that 10 years. But in reality, he won't be "caught drinking" unless he gets another DUI during that 10 years. Even though you waive your 4th amendment rights when you're on probation, and officers could go into his house any time and look for booze. That never happens though.

I have always just assumed that DWI sentences are so light because it was the type of crime that a lawyer, lawmaker, police officer, judge could see themselves or close family and friends getting themselves mixed up in. Just like the difference that used to exist in punishment (maybe it still does?) between cocaine and an equivalent amount of crack. They could see their friend or nephew getting busted with the coke but not likely with the crack pipe. Maybe I am just too cynical???

[stevew]

I guess I'm just cynical asshole but I kind of think the Victim's mom is financially invested in Brent somehow being able to get another NFL job in the near future. But maybe she just genuinely forgives him, who knows.

[stevew]

And somewhere, Rae Carruth sheds a bitter tear.

He'll be out in a few years.

[RainMaker]

meh, Leonard Little killed a civilian and got 4 years probation. He then got another DUI, but it was knocked to speeding and 2 years probation.

I think we've learned you can kill whoever you want as long as you play sports.

Honestly, I just don't think we have really tough sentencing when it comes to DUI. I turn on the news everyday here and there is a story about someone on their 3rd DUI killing someone. Once in awhile it ends up with a lengthy sentence when it seems to involve a kid or something, but I think most judges don't give a shit about it and don't treat it seriously.

Driving drunk to me is no different than shooting randomly into a populated area. You know there is a chance your reckless action can kill someone.

[Lathum]

First of all I NEVER drink and drive and I do like to have a cocktail or two. I am responsible and when I do drink more than a few I have a DD, stay in a hotel, etc... I also have no sympathy for cases like this one especially if they throw the book at him.

That said... I sadly used to drink and drive during a younger period of my life and feel like a .08-.10 deadly accident could sometimes actually be an accident that could have happened regardless of drinking while a wrong way .25 accident seems like it is almost certainly the cause. The law seems to treat both the same. Maybe I am wrong because of course this is just anecdotal experiences but I would strongly favor a system (even just DWI, non-homicide) that made some sense distinguishing between the .08 vs .25.

Well put. I'm in the same boat. I've gotten smarter with age and more responsible since my kids but there are a lot if times in my younger days I could have been legally drunk and driving.

[BishopMVP]

First of all I NEVER drink and drive and I do like to have a cocktail or two. I am responsible and when I do drink more than a few I have a DD, stay in a hotel, etc... I also have no sympathy for cases like this one especially if they throw the book at him.

That said... I sadly used to drink and drive during a younger period of my life and feel like a .08-.10 deadly accident could sometimes actually be an accident that could have happened regardless of drinking while a wrong way .25 accident seems like it is almost certainly the cause. The law seems to treat both the same. Maybe I am wrong because of course this is just anecdotal experiences but I would strongly favor a system (even just DWI, non-homicide) that made some sense distinguishing between the .08 vs .25.At least up here I think there is a distinction at .16 or above where it turns into felony DUI.

No idea how that varies state by state. In Massachusetts you can refuse a breathalyzer (which results in an automatic 180 day loss of license) and blood test, while it seems like in Texas they can order one - "A search warrant for Ratliff's blood was issued at 2:55 a.m. local time, more than two hours after the accident occurred. It will take at least 10 days for the Grapevine police department to get the results of his blood-alcohol test."

[lungs]

A friend of mine is doing seven years for the same charge. He was first offense and clean record before that. Not that I'm saying he should get what Brent got, but maybe Brent should've got what my friend got.

[Senator]

Brent out in time for training camp.

[stevew]

I have a nephew facing felony murder for causing a fatal accident while driving on suspended. Should have done it in Texas.

[HomerSimpson98]

I guess I'm just cynical asshole but I kind of think the Victim's mom is financially invested in Brent somehow being able to get another NFL job in the near future. But maybe she just genuinely forgives him, who knows.

Pretty sure that this is genuine and nothing financial. The 2 were best of friends and he's said many times over that no matter the punishment handed out, the worst part of it is that he killed his best friend.

[RainMaker]

I think it's genuine too. There are people who can forgive something like that. More power to them. I know I wouldn't be capable.

I also don't think what she wants should matter. It now becomes an issue of protecting other members of society. He has shown multiple times now that he doesn't care about others and is a danger to society.