The attorney for Dont Stallworth said he sees no reason the Browns receiver will not be able to resume his NFL career after serving a 30-day jail sentence for DUI manslaughter and a likely suspension by the league.
Chris Lyons, a former Miami-Dade (Fla.) prosecutor who represents Stallworth, has no idea how harsh a penalty NFL Commissioner Roger Goodell will impose.
Stallworth, 28, pleaded guilty Tuesday morning before Judge Dennis Murphy and was immediately taken into custody.
A league spokesman said Goodell is expected to act before training camp starts. The Browns report July 31, with their first practice Aug. 1.
Operating under the substance-abuse and personal-conduct policies, Goodell could wield a firm hand. If a player is convicted or admits to a violation of the law regarding alcohol, the substance-abuse policy gives the commissioner more leverage when there are aggravating circumstances, which include serious injury or death of a third party.
''The Browns are very conscious of the seriousness of the
charges to which Donte' Stallworth pleaded guilty to today,'' Browns General Manager George Kokinis said. ''We are continuing to evaluate the situation and will make the decisions that we believe are in the best interest of the Cleveland Browns.''
Stallworth admitted to driving drunk March 14 when he struck and killed pedestrian Mario Reyes, 59, in Miami Beach. Stallworth's blood-alcohol level was .126, above the legal limit of .08, according to documents released by the State Attorney's Office. According to the police report, Reyes was not in the crosswalk on the MacArthur Causeway as he ran to catch a bus.
The Philadelphia Inquirer reported two years ago that Stallworth was part of the league's substance-abuse program. Players in Stage Two face at least a four-game suspension for violations of the program, and those in Stage Three are banned from the league for a year. Those in Stage Two can rotate out of the program after two years of compliance.
St. Louis Rams defensive end Leonard Little pleaded guilty to voluntary manslaughter in 1998, when his blood-alcohol level was twice the legal limit during an accident that killed a woman. Leonard was suspended for eight games by then-Commissioner Paul Tagliabue.
Long probation
According to a release from the State Attorney's Office, Stallworth was sentenced to 30 days in jail, two years of ''community control'' and eight more years of probation.
Lyons said that it is essentially a 10-year probation, and that there will be ''no electronic monitoring or home detention'' during the first two years. Lyons said he expected Stallworth to serve 23 or 24 days in jail, getting out early for ''gain time.''
Janelle Hall, a spokesperson for the Miami-Dade County Corrections Department, said gain time involves work around the jail and good behavior.
The state statute says anyone who receives a 30-day sentence — except for civil, contempt, drug treatment and house-arrest cases — gets five days for every 30 days.
''He does get 24 days,'' Hall said. ''He does not fall into any of those [exceptions].''
No minimun security
Hall said Stallworth is expected to be housed at the Turner Guilford Knight Correctional Center. She said the county does not have a minimum-security facility.
According to the state attorney's release, Stallworth will also lose his driving privileges for life and must perform 1,000 hours of community service. He must donate $2,500 to Mothers Against Drunk Driving and $2,500 to Parents of Murdered Children, and pay $1,842.88 to the Miami Beach Police Department, $813.14 to the Miami-Dade Police Department and $583 in court costs.
''We're very pleased,'' Lyons said. ''The four-year mandatory sentence was waived by the court. The judicial range is over 10 years for this type of charge.''
The maximum sentence was 15 years.
State Attorney Katherine Fernandez Rundle issued a statement regarding what some might see as leniency in Stallworth's case.
''We have looked at the unique facts involved with this charge, Mr. Stallworth's excellent pre-incident history of community service, abundant references that attest to his good character, his lack of any traffic violations or criminal convictions, his full and complete post-incident cooperation with law enforcement and his willingness to accept complete responsibility for his actions,'' Rundle said.
''The terms of the plea have been agreed upon between the State Attorney's Office and the police, and has been extended with the full endorsement and consent of the Reyes family, who believe this plea and its timing are in the best interest of their 15-year-old daughter, the sole remaining child of Mario Reyes. Although no sentence can ever restore Mr. Reyes to his family, the provisions of this plea will provide closure to them and appropriate punishment for Mr. Stallworth's conduct and the effects of his actions that night.''
Confidential agreement
Lyons confirmed that Stallworth reached a confidential financial settlement with the Reyes family that prohibits them from filing a civil or wrongful-death suit.
Stallworth was scheduled to receive a $4.5 million roster bonus March 13 from the Browns.
''The Reyes family wanted closure,'' Lyons said. ''In court, they read letters from the family expressing that.''
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Yes, I'm sure it has something to do with his clean record that his sentence is only 30 days.
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