What Exactly Is This World Coming To?

That is my comment when I heard the specifics of the arrest of Delonte West on weapons charges. I mean picture this, you are riding home on your three wheeled motorcycle, on your way back from (Let’s take his word, and say he was on way back from the shooting range…yeah!), and you swerve in front of a police officer at 10 pm, and he has the audacity to be upset. And if you’re constitutional rights have not been affronted enough, now he gets all bent out of shape when you honestly admit that you have a few weapons. Now what are a few weapons……,well just two loaded handguns, a shotgun, and a 8.5 inch bowie knife, I mean what’s the problem with that? And to all of you law and order type people that are going to complain that there are laws in Maryland that prohibit that sort of thing, it seems like we are forgetting one important fact. While he was out, he could have been brutalized by the entire Maryland State Zoo….because other than that I can’t see a possible reason this individual with demonstrated bipolar issues should have more weaponry than the national guard!

Well since this is a law and sports blog, let’s bring in the law. In Maryland carrying or transporting a concealed weapon are misdemeanor charges in nature and classification. Usually, the term misdemeanor means that the potential penalty is no more than 12 months in jail. However, Maryland is screwy, (I tend to think it’s because they are too close to D.C., and we know what kind of fruits, nuts, and flakes reside there), and they have made these weapons charges while still technically a misdemeanor, with a potential penalty of three years in jail per charge. It seems our thug wannabe, Mr. West, has now been indicted on eight charges. Now I am not good with math, in fact I am so bad with math, that once a municipal court judge in Ohio banned me from using math in his courtroom (it was difficult math…well maybe not…anyway), but even with my bad math I know that Delonte West is looking at the possibility of a long time in jail.

So , he is looking at a possible jail time of 24 years, which looks very bad, but upon looking at the Maryland system, and understanding how athletes are treated in that system, I would not be that worried, if I were him. Why you ask? Well first of all let me explain some things about how charges get brought up, and why. I once worked for a prosecuting attorney who would never indict or charge anyone unless they knew they could get a conviction. However, as a defense attorney I worked with many prosecuting attorneys who overcharged my clients. That is they charged with things that they knew they could never get a conviction on, In fact, the only reason they were charged with those crimes, were so the prosecutor could do me a favor, and “drop” those charges to help me out. This is very similar to a retail store increasing the price on something higher than it should be, just so that they can put it on “sale” later.

In any event, in this case, there is little to no chance that all of these weapons charges will stay on the record; this is all part of the game that the lawyers play. There will be a plea bargain in this case, I imagine all of the weapons charges will be dropped, he will plea to reckless driving or some junk like that, he will pay significant fines, he might even be placed on probation, so that the judges in that county can pretend they are being hard on crime. Further, I imagine we will get some ridiculous comment from the prosecuting attorney in Prince George County, Maryland, on how Delonte West was, "treated like any other citizen." But rest assured Delonte West will not be missing any games because he is in jail, at least not related to these charges.

But the fact that Delonte West will have little to no consequences for this, doesn’t make this case one that ought to be swept under the rug. This man had two semi-automatic pistols that were loaded and ready to kill, he had a shotgun, and a knife that measured 8.5 inches, and all of this for someone who has been upfront with his bipolar issues in the past. I guess I just wonder what the heck was going on, and the answers to that question are frightening no matter what the answer is. Because either he brought all of those weapons to a shooting range, and is either unconcerned or unaware that it is a problem to be in possession of a weapons arsenal in your vehicle. The other option is that he wasn’t at a shooting range, maybe there were much more nefarious things afoot, maybe there was much more illegality going on than what he has been charged. The answer to either one of those questions, makes me want to stay out of the states of Maryland and Ohio.

What would have happened if any of those handguns has discharged, like they did to Plexico Burris? What would have happened if Delonte West would have gotten into an argument with another driver? What would have happened if he would have made it home, but left one of the weapons in his motorcycle, and it was stolen by some kids? Delonte west certainly has the right to act as stupid as he wants, and put himself in jeopardy, all he wants. However, when you take actions that are so reckless, so beyond the pale of normalcy, and do things that can have far reaching effects on all of us; you no longer get the right to be so stupid.

I know Delonte West won’t be doing serious prison time for this event, but I want him to know what he did, how reckless he was, and how many lives above and beyond his own he could have pointlessly ended that night if things would have spiraled out of control. I want him to comprehend what has happened here, and of he can’t or won’t do that, he has no more right to a weapon than I do teaching mathematics at MIT.

As always,

Keep sports on your mind, and the law on your side.

The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com