NoSaint Posted February 19, 2013 Author Share Posted February 19, 2013 Discharging a weapon in a nightclub is the same offense as being dumb enough to carry it into an airport and declare you have it? That's like saying doing 90 in a 35 is the same as 75 in a 65. Both speeding tickets but.... as far as minimums, yes. i imagine theres more leeway built into the max end for discretion. then of course plea deals as well. but as far as the least you can get with a conviction they do have that in common. Link to comment Share on other sites More sharing options...
JPS Posted February 19, 2013 Share Posted February 19, 2013 Discharging a weapon in a nightclub is the same offense as being dumb enough to carry it into an airport and declare you have it? That's like saying doing 90 in a 35 is the same as 75 in a 65. Both speeding tickets but.... Blame the writer, not the reader. The crime is one of POSSESSION of a loaded firearm, not of intent to use or actual use, stupidity, speeding, or scores on the Wonderlic. It's a harsh law. And I have no idea what successful defense can be used. My read: Bowers is going upstate. Link to comment Share on other sites More sharing options...
holmz56 Posted February 19, 2013 Share Posted February 19, 2013 We need someone to protect Ryans' blind side ! Why not Bowers ! Bad joke ! Link to comment Share on other sites More sharing options...
San Jose Bills Fan Posted February 19, 2013 Share Posted February 19, 2013 I dunno how you can ship Plax upstate and not Bowers. It's the exact same offense to the same law. Exact same offense? Why was Plax charged? Link to comment Share on other sites More sharing options...
NoSaint Posted February 19, 2013 Author Share Posted February 19, 2013 Exact same offense? Why was Plax charged? technically speaking, very similar with regards to meeting minimum standards.... plax was charged with carrying a loaded gun because they had proof that he had a loaded gun (by way of his bloody leg). in daquans case they have proof he was possessing a loaded gun by his own admission (at the security checkpoint at an airport). both were charged with possession of a loaded gun which comes with a minimum sentence in jail. im sure plax had a few more escalators in his situation, but they both met the same minimum standard just by holding the gun with bullets Link to comment Share on other sites More sharing options...
San Jose Bills Fan Posted February 19, 2013 Share Posted February 19, 2013 technically speaking, very similar with regards to meeting minimum standards.... plax was charged with carrying a loaded gun because they had proof that he had a loaded gun (by way of his bloody leg). in daquans case they have proof he was possessing a loaded gun by his own admission (at the security checkpoint at an airport). both were charged with possession of a loaded gun which comes with a minimum sentence in jail. im sure plax had a few more escalators in his situation, but they both met the same minimum standard just by holding the gun with bullets Besides the obvious discharging of the firearm, the fact that Bowers voluntarily and pre-emptively surrendered the weapon whereas Plax concealed it in a nightclub is another obvious difference. I don't see how a judge will look at these two incidents as being equivalent. Link to comment Share on other sites More sharing options...
JPS Posted February 19, 2013 Share Posted February 19, 2013 Besides the obvious discharging of the firearm, the fact that Bowers voluntarily and pre-emptively surrendered the weapon whereas Plax concealed it in a nightclub is another obvious difference. I don't see how a judge will look at these two incidents as being equivalent. The judge looks at the law, which set the minimum jail time for this offense, and sentences Bowers to the minimum....just like Plax. Now, Bowers may get out earlier.... There is no discretion in the law as far as the minimum. You're either pregnant or your not. Link to comment Share on other sites More sharing options...
truth on hold Posted February 19, 2013 Share Posted February 19, 2013 The judge looks at the law, which set the minimum jail time for this offense, and sentences Bowers to the minimum....just like Plax. Now, Bowers may get out earlier.... There is no discretion in the law as far as the minimum. You're either pregnant or your not. What about the 24% that never see time? Can't be that cut and dry Link to comment Share on other sites More sharing options...
JPS Posted February 19, 2013 Share Posted February 19, 2013 What about the 24% that never see time? Can't be that cut and dry It is if he's charged with felony possession of loaded gun. The 24% were charged with something else....3rd degree misD possession. You need to get the DA in a good mood in a case with NO publicity. Ooops. Who knows how this is going to work out. All I can tell you is IF Bowers is charged and convicted of the Felony version, THEN he is going to jail. Period. Finito. Link to comment Share on other sites More sharing options...
NoSaint Posted February 20, 2013 Author Share Posted February 20, 2013 Besides the obvious discharging of the firearm, the fact that Bowers voluntarily and pre-emptively surrendered the weapon whereas Plax concealed it in a nightclub is another obvious difference. I don't see how a judge will look at these two incidents as being equivalent. They won't, but they both meet the standard of "guilty" in an oversimplified commentary. Daquan is very much at the mercy of a DA here. If he goes to court he will lose. The DA has no reason to suspect otherwise either. The officer, gun, and accused all existed in the same space. I don't recall honestly, besides the hole in his leg, how much evidence there was of plaxico being the possessor of the gun (video, witnesses etc) which depending on the volume and reliability may put bowers into a deeper hole legally. Walking up to an authority and saying "am I breaking the law" has potential to put you in a much worse position than the obvious criminal doing worse than you but being harder to prove. Hopefully common sense prevails and he doesn't get nailed toooo hard here. Link to comment Share on other sites More sharing options...
thewildrabbit Posted February 20, 2013 Share Posted February 20, 2013 It is if he's charged with felony possession of loaded gun. The 24% were charged with something else....3rd degree misD possession. You need to get the DA in a good mood in a case with NO publicity. Ooops. Who knows how this is going to work out. All I can tell you is IF Bowers is charged and convicted of the Felony version, THEN he is going to jail. Period. Finito. I'd be willing to bet that that 24% consists of off duty police officers from other jurisdictions, guards ETC, caught carrying in Nassau county. Plus, lawyers and other top executives of companies that have the political clout to get themselves out of this type of incident with a slap on the wrist. Normal everyday Joe's are gonna do the time. So IMHO Bowers is going to jail, no question. The only real question is, for how long. Like I stated earlier, the NYC courts do not want to set a precedent on a high profile NFL player. Link to comment Share on other sites More sharing options...
rochester rob Posted February 20, 2013 Share Posted February 20, 2013 didnt read the article or hear any other info but right after I saw what happened this is immediately what I thought of. The guy probably wanted to transport the weapon properly and attempted to do so but was not helped. Or was not aware of the proper directions. I have a concealed weapons permit and can carry anywhere in NY, NYC, or any of the other 49 states and that includes airplanes. Do I know the proper procedures to do this? Absolutely not. Just making a point, maybe he has a permit for the weapon in another state but doesn't know the correct way to transport the weapon. As far as comparing his story to Plaxicos story. There's one big difference, his weapon wasnt fired in a public place. Just saying. I highly doubt he recieves any jail time. More likely a bunch of hefty fines and community service. At the worst case ( for him), maybe he is given the option between prison time or a shock incarceration center. In that case, there's a huge possibility he comes to my jail. Ill make sure I get autographs. I have a concealed weapons permit and can carry anywhere in NY, NYC, or any of the other 49 states and that includes airplanes Unless you have a federal permit you are mistaken in this statement. Link to comment Share on other sites More sharing options...
NoSaint Posted February 20, 2013 Author Share Posted February 20, 2013 (edited) I'd be willing to bet that that 24% consists of off duty police officers from other jurisdictions, guards ETC, caught carrying in Nassau county. Plus, lawyers and other top executives of companies that have the political clout to get themselves out of this type of incident with a slap on the wrist. Normal everyday Joe's are gonna do the time. So IMHO Bowers is going to jail, no question. The only real question is, for how long. Like I stated earlier, the NYC courts do not want to set a precedent on a high profile NFL player. May also include issues establishing who to charge (gun not in direct possession), whether bullets were too far seperated, etc... To get the felony conviction so a plea to the misdemeanor happens. Currently Daquan is in a position where he has essentially said "hey guys, I'm guilty of a felony- what should my punishment be?" For his sake I hope he had the gun in a locked case, that it wasn't loaded, that perhaps the bullets were in a different locked case (as loaded includes just possessing both halves, and being capable of loading), hes fully permitted, guns legal etc.... and his DA is a reasonable person. Edited February 20, 2013 by NoSaint Link to comment Share on other sites More sharing options...
albany c2 Posted February 20, 2013 Share Posted February 20, 2013 Bowers is going to jail. As others have said in this thread, NYC doesn't take kindly to loaded unregistered handguns. Especially in their airports. I can easily see the DA pushing for the 3.5 year minimum, because why not? He's guilty. This is a cut and dry case. Why would the DA offer a plea bargain and set a precedent if he/she isn't forced to? I have no idea what kind of defense his lawyer is going to use. This is similar to me driving 65 on a 55 mph road. If I get pulled over and I tell the cop that I didn't know it was a 55 mph road, is the cop going to let me off? Probably not. I'll be shocked if this guy doesn't see a lengthy prison sentence. It sucks for this guy, but it's the law. Don't bring your guns to New York City. I'm suprised Nix didn't draft this idiot over Gilmore last April. I guess this and the Pettine hiring are two positives we can take from the offseason so far. Link to comment Share on other sites More sharing options...
truth on hold Posted February 20, 2013 Share Posted February 20, 2013 (edited) If he's sentenced to community service in the NYC area, that may mean playing for jets. Which in that case he may request jail time instead. Edited February 20, 2013 by Joe_the_6_pack Link to comment Share on other sites More sharing options...
San Jose Bills Fan Posted February 20, 2013 Share Posted February 20, 2013 Well after reading everyone's opinion I still think there's a chance that he'll be in the 24%. But I really have no idear. Link to comment Share on other sites More sharing options...
RuntheDamnBall Posted February 20, 2013 Share Posted February 20, 2013 I'm glad you find it so funny. I hope I get the chance to watch someone kick you in the nuts so I can ROFL LMAO. Maybe he didn't realize it was in his carry on. I find it hard to believe he'd try to smuggle a gun onto a plane. But he made a mistake so !@#$ him; let's giggle while they throw him in jail and possibly end his career and livelihood. That's some funny **** right there. Oh, this old thing? The loaded weapon? On an airplane! Totally forgot about that. Yeah. Can we all agree that the guy is colossally stupid either way? That, or he forgot that he wasn't an air marshal, or has forgotten that for the past 11 years airport security is just short of Pentagon security. Link to comment Share on other sites More sharing options...
atlbillsfan1975 Posted February 20, 2013 Share Posted February 20, 2013 I'm glad you find it so funny. I hope I get the chance to watch someone kick you in the nuts so I can ROFL LMAO. Maybe he didn't realize it was in his carry on. I find it hard to believe he'd try to smuggle a gun onto a plane. But he made a mistake so !@#$ him; let's giggle while they throw him in jail and possibly end his career and livelihood. That's some funny **** right there. Honestly man? How do you not know about a gun in your bag? I mean he did not accidentally put an 8 oz bottle of Pert in his shaving kit!! Link to comment Share on other sites More sharing options...
cantankerous Posted February 20, 2013 Share Posted February 20, 2013 I have a concealed weapons permit and can carry anywhere in NY, NYC, or any of the other 49 states and that includes airplanes Unless you have a federal permit you are mistaken in this statement. I know Oregon doesn't recognize any other state's concealed handgun license, so he'd have to apply and be granted a license here. Bowers is ridiculously dumb. Link to comment Share on other sites More sharing options...
Mr. WEO Posted February 20, 2013 Share Posted February 20, 2013 Well after reading everyone's opinion I still think there's a chance that he'll be in the 24%. But I really have no idear. There is no way the DA is going to let this guy slide. He brought a gun (reports are that it was either loaded or with a loaded clip in the same case--no different) to an international airport in a zero tolerance city. Link to comment Share on other sites More sharing options...
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