Does Gilbert Arenas Deserve 2 Years in Prison?

[spin]

Gilbert Arenas, NBA Washington Wizards guard, plead guilty to illegal weapons possession in Washington D.C. this past week. Arenas stored three, some reports say four handguns, in his Wizards locker room, which so happens to be within Washington D.C. city limits. Arenas said he removed the firearms from his home because of his children. Prosecutors in the case say they will seek no more than 2 years in prison.

Now, let's face it. I said it before; putting guns in your locker at work isn't the brightest move. And because of it he was suspended indefinitely by the NBA. The Wizards and the NBA have that right. But then the government stepped into the picture.

If Arenas had a history as a hardened criminal, a gang banger, drug dealer, or had a history of violence, it's fair to say that two years in prison is probably not enough. But Arenas has none of that in his background. In fact, he has no criminal record other than gun ownership and self-defense, which seems to be a criminal act in some locales, especially Washington D.C.

There are those who would say that Arenas needs to follow the rules. The rules suck. I don't agree with the rules. Despite a win with the Heller case, getting a permit in Washington D.C. is extraordinarily difficult and designed specifically to discourage the average person from even pursuing a permit. Can you imagine if Arenas applied for a gun permit in D.C.? The press would have an absolute hissy-fit over it. Look what they’ve done to him over this incident.

The media has been thoroughly disgusting in their reporting of this incident. Without saying it blatantly, they have reported this story suggesting the problem is that we have a 'black man, an athlete, with a gun, and you know what that means?' Yeah, I know what it means. It's called racism.

An African-American who owns guns is not automatically a danger to the public and a gang-banger. An African-American who owns guns doesn't mean they automatically promote inner-city violence among blacks, as some news stories suggested. And, an African-American who owns guns doesn't owe any city in this country the duty to be an unarmed victim. The same press that enjoys protection under the First Amendment for the purpose of ensuring that violations of our constitutional rights are brought to public light, are the same press that will have helped railroad Arenas into prison.
http://www.gunnewsdaily.com/index.php/article-archives/250-does-wizards-guard-arenas-deserve-2-years-in-prison

But then, on the other hand:

Prosecution of gun offenses in Washington often includes plea bargaining.

WASHINGTON, DC (WUSA) -- Prosecutors and defense attorneys alike say that punishment for violating DC's gun possession laws can often be negotiated but also agree a defendant's prior criminal record can have an impact on those negotiations.

That could be problematic for Washington Wizards star Gilbert Arenas, who is currently being investigated for bringing guns to his Verizon Center locker room.

"First of all, you want to find out whether or not the person had the legal right to carry it in the jurisdiction in which the gun is found, and Mr. Arenas did not have it. You then want to have a look at their background, whether they have a criminal record, whether or not they tried to use this weapon during some sort of altercation, things like that. All of those sorts of things would be looked at," said Joseph diGenova, a former U.S. Attorney for Washington, DC.

SportsIllustrated.com reports Arenas does have a criminal record, having pleaded to a misdemeanor firearms charge in California in 2003.

***snip***

Published reports claim Arenas used the guns in a locker room argument with a teammate and, if correct, could influence prosecutors' decisions about how to handle the case.

***snip***

"If it is true that the gun was was brandished during an argument with a fellow player, that could be, depending upon whether or not he actually pointed the weapon, an assault with a dangerous weapon which is a 10 year felony," diGenova told 9NEWS NOW.



http://www.wusa9.com/printfullstory.aspx?storyid=95539

emphasis added

[FSogol]

1. How would a non- basketball playing millionaire be treated upon his

second guilty plea for a gun charge in 6 six years? That's how Arenas should be treated.

[rd_kent]

5. Exactly!

[Captain Hilts]

2. No. Non-celebs with priors don't get jail time for this crime in DC. Abby Lowell discussed this

issue on the Tony Kornheiser radio show.

[hlthe2b]

3. I truly don't know if he deserves the 2 yr. prison stint...

But, I do believe he is being made an example by the league, ... The NBA, in contrast to the NFL, seems to have drawn a line in the sand in terms of their players and their responsibility towards setting an example to young fans.

After the Michael Vick saga, I know that some DUers think pro ball players should have no societal responsibilities nor be expected to behave in any particular way. I strongly disagree.

[spin]

4. Arenas might get six months in jail ...

Washington Wizards guard Gilbert Arenas pleaded guilty Friday to a felony for carrying an unlicensed pistol outside a home or business. Prosecutors recommend that he should serve no more than six months in jail. D.C. Superior Court Judge Robert E. Morin, however, will decide whether and how long Arenas will spend time behind bars. Arenas is scheduled to be sentenced March 26.

Judge Morin, a Massachusetts native who was appointed to the bench by President Bill Clinton, can sentence Arenas to up to five years. In addition to recommendations by prosecutors and Arenas' defense counsel, Judge Morin will receive a recommendation by a parole officer in the form of a pre-sentencing report, which takes into account the totality of Arenas' case. While he will also consult with sentencing guidelines, Judge Morin will decide the sentence, which Arenas cannot appeal as long as it does not exceed five years.

Judge Morin seems unlikely to impose a sentence in excess of the prosecutors' recommendation. While Arenas pleaded no contest in 2003 to a misdemeanor charge in California for illegally possessing a concealed weapon, he otherwise lacks the kinds of aggravating factors that would warrant a lengthy sentence. But there is no guarantee that he will avoid one. Recall what happened to Michael Vick: After he pleaded guilty to dogfighting charges, prosecutors recommended that he be sentenced to 12-to-18 months in prison. Judge Henry Hudson disagreed, instead sentencing Vick to 23 months. Therein lies the risk of entering into a plea deal; a defendant and prosecutors can "make a deal," but the judge decides whether to accept it.

Read More: http://sportsillustrated.cnn.com/2010/writers/michael_mccann/01/15/arenas.guilty/index.html#ixzz0coBPjwGg

[oneshooter]

6. And as a felon, he will lose his gun rights? n/t

[spin]

7. I believe so, and I have to admit he was irresponsible in his actions...

especially if he, in anyway, threatened another player with his firearms.