Tuesday, January 5, 2010

NBA star Arenas might discover that jokes with guns can lead to jail time

This new piece from the Los Angeles Times provides the latest news concerning the holiday brush with the law for NBA star Gilbert Arenas:

Washington Wizards star Gilbert Arenas says he took unloaded guns from his locker in a "misguided effort to play a joke" on a teammate. Arenas released a written statement Monday after meeting with law enforcement officials. Arenas' lawyer says the player voluntarily met with prosecutors and detectives and answered every question during a two-hour interview.

In his statement, Arenas repeated his assertion that he brought four guns to the Verizon Center to store in his locker in order to get them out of his house and away from his children. He said he mistakenly believed that recent changes in District of Columbia law made it legal for him to store unloaded guns there.



As every 1L should know, ignorance of the law is generally no excuse, and this new piece from CBS Sports speculates about possible criminal charges and sentencing prospects for Arenas:

"The U.S. Attorney will have to file charges for possession of a pistol without a license," [an] official said, speaking on condition of anonymity because he did not have jurisdiction over the case. "The prosecutor cannot simply walk away from this case."

Depending on what facts are discovered in other interviews with possible witnesses to the Dec. 21 locker room confrontation between Arenas and previously obscure guard Javaris Crittenton, the official said one likely outcome would be the following: Arenas, 27, would be permitted to plead guilty to charges of carrying a pistol without a license, a felony that carries a maximum of five years in prison. Such a charge would require a grand jury indictment, which could be acquired quickly since five grand juries are seated at any given time in the District. Any other charges -- which could include misdemeanor counts for possession of unregistered firearms, carrying maximum jail time of six months for each count -- would be dismissed. In exchange for Arenas' cooperation and guilty plea, the prosecutor would ask for no jail time.

"Given his prior offense, however, a judge might consider jail time in this case," one of the law enforcement officials said. "It all depends on which judge he draws." Arenas pleaded guilty to charges of failing to maintain proper registration of a firearm in California in 2003 while playing for the Golden State Warriors.

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