Blackmon vs. Simpson

[quietfan 233]

To be fair, goose & gander, and all that:

http://www.al.com/auburnfootball/mobilereg...8930.xml&coll=3

Blackmon agrees to pre-trial program

If Auburn linebacker avoids trouble for three months, his record will be wiped clean

AUBURN -- Auburn University redshirt freshman linebacker Tray Blackmon will have a clean record if he stays out of trouble for the next 90 days.

Blackmon, 20, was arrested May 13 in his hometown of LaGrange, Ga., on charges of underage drinking and being a pedestrian under the influence of alcohol.

The latter charge was dismissed during a court appearance last week, and Blackmon entered into a 90-day pre-trial program for the underage drinking charge.

If Blackmon avoids legal trouble through Sept. 19, the underage drinking charge would be dismissed and there would be no marks on his permanent record.

Auburn coach Tommy Tuberville said he learned of the arrest when it was reported in newspapers earlier this month. He said Blackmon would face unspecified sanctions.

The only other pending legal matter facing the Auburn football team is the case of senior linebacker Kevin Sears.

Sears went on trial May 25 on charges of drunk driving, leaving the scene of an accident and public intoxication. The charges stemmed from an early-morning, single-car accident on Nov. 5, hours after Auburn had returned home from defeating Kentucky.

Auburn municipal judge Joe Bailey did not rule immediately after the trial, but said he would issue a written verdict at a later date. As of Wednesday, a clerk said no verdict had been filed.

After all the comments about Juwan Simpson getting a break in drug court, looks like it might be time to eat some crow. While the charges are slightly different (alcohol vs. marijuana), I don't see much difference in the resolutions.

Of course I've heard some claimed that the drug court process used by JS is specifically forbidden when firearms are involved. However, while I've seen several on here make that claim, I have yet to see a news link or a reference from the specific wording of the law to support that firearms claim. If there is such a firearms exclusion, then of course Simpson's case still looks like special treatment, but as far as I've seen, the "firearms exemption rule" is only hearsay so far.

How about some support for that claim? Or just leave it as two young men made mistakes and were lucky that our legal system allows them a second chance.

[Obviously Simpson still faces the firearms charges themselves. We'll have to wait and see how those are resolved, as well as what sort of sanctions are enforced by each player's respective coach.]

[eibua12 81]

To be fair, goose & gander, and all that:

http://www.al.com/auburnfootball/mobilereg...8930.xml&coll=3

Blackmon agrees to pre-trial program

If Auburn linebacker avoids trouble for three months, his record will be wiped clean

AUBURN -- Auburn University redshirt freshman linebacker Tray Blackmon will have a clean record if he stays out of trouble for the next 90 days.

Blackmon, 20, was arrested May 13 in his hometown of LaGrange, Ga., on charges of underage drinking and being a pedestrian under the influence of alcohol.

The latter charge was dismissed during a court appearance last week, and Blackmon entered into a 90-day pre-trial program for the underage drinking charge.

If Blackmon avoids legal trouble through Sept. 19, the underage drinking charge would be dismissed and there would be no marks on his permanent record.

Auburn coach Tommy Tuberville said he learned of the arrest when it was reported in newspapers earlier this month. He said Blackmon would face unspecified sanctions.

The only other pending legal matter facing the Auburn football team is the case of senior linebacker Kevin Sears.

Sears went on trial May 25 on charges of drunk driving, leaving the scene of an accident and public intoxication. The charges stemmed from an early-morning, single-car accident on Nov. 5, hours after Auburn had returned home from defeating Kentucky.

Auburn municipal judge Joe Bailey did not rule immediately after the trial, but said he would issue a written verdict at a later date. As of Wednesday, a clerk said no verdict had been filed.

After all the comments about Juwan Simpson getting a break in drug court, looks like it might be time to eat some crow. While the charges are slightly different (alcohol vs. marijuana), I don't see much difference in the resolutions.

Of course I've heard some claimed that the drug court process used by JS is specifically forbidden when firearms are involved. However, while I've seen several on here make that claim, I have yet to see a news link or a reference from the specific wording of the law to support that firearms claim. If there is such a firearms exclusion, then of course Simpson's case still looks like special treatment, but as far as I've seen, the "firearms exemption rule" is only hearsay so far.

How about some support for that claim? Or just leave it as two young men made mistakes and were lucky that our legal system allows them a second chance.

[Obviously Simpson still faces the firearms charges themselves. We'll have to wait and see how those are resolved, as well as what sort of sanctions are enforced by each player's respective coach.]

242534[/snapback]

If Blackmon doesn't have a history of being in trouble then the judgement handed down to him is normal. He was walking and drinking as a minor the court system will not hand down a tough judgement on that for a first offense. That is in-line with expecations of a sentence that anyone would recieve.

As far as Sears when Judge Bailey takes it off-line that is not particulary a good thing that means he will be thinking about it. He did it to me and I recieved a nice letter in the mail saying.. Guility pay your ticket!.

I will wait for Judge Bailey's response as he is know in Auburn to be tough. If he lets Sears go with something that seems to special treatment then everyone can then cry fowl and we will eat crow. BTW Drug charge or Drunk Driving not sure there should be a separation there...

[BamaGrad03 0]

looks like it might be time to eat some crow

Nobody EVER eats crow over here in regards to bama. ESPECIALLY when it has to do with discipline. (see JPW's DUI and an AU player getting one a week later)

[saniflush 0]

It is just so much fun to watch you get all torqued up!

[WarTim 3,456]

Apples/Oranges...uat/ Auburn University....NO comparison.

[Guest Tigrinum Major]

looks like it might be time to eat some crow

Nobody EVER eats crow over here in regards to bama. ESPECIALLY when it has to do with discipline. (see JPW's DUI and an AU player getting one a week later)

242546[/snapback]

How about JPW's "punishment" compared to Kevin Sears? JPW was allowed to dress out for a game where he wouldn't have played anyway (unless Brodie had sprained an ankle doing an airplane spin, but there was no danger of that since Alabama was shut out of the end zone) and then retroactively suspended. Sears was left in Auburn as Auburn traveled to UGA for a pivotal game against the eventual SEC Champions.

JPW was a key backup. Sears was a starter and key defender.

And don't give me any BS about how Shula didn't want to air the player's punishment in the papers. North Koreans knew that JPW had gotten arrested for DUI, what did it matter that they knew he was suspended for the UT game? Because Shula wanted to cover his ass just in case, that's why.

Now, maybe we should (and did) eat crow over making fun of JPW, but we will never apologize for the way that Tuberville handled the case. Can you say the same about Shula?

[Draven 0]

looks like it might be time to eat some crow

Nobody EVER eats crow over here in regards to bama. ESPECIALLY when it has to do with discipline. (see JPW's DUI and an AU player getting one a week later)

242546[/snapback]

Why would we eat crow, sears was immediately suspended by CTT for the UGA game and it was announced before the game, unlike JPW and shula who wait till the game is over and since they didn't need him say "oh he was suspended for this game." Under age drinking is serious and should be dealt with but on key fact Blackmon he was walking down the side walk not driving a car or carrying a stolen firearm and drugs. Should he be punished less than jpw and simpson yes his run in was less serious but discipline should come his way from CTT and the players and from all accounts it already has or has already been decided upon.

[vatz22au 142]

Eat crow? Give me a break

Blackmon was just spotted walking alongside a road drunk. You should walk by college street sometime....

Simpson was caught with a firearm, supposedly stolen (but I'm guessing thats cleared up after a few talks with some "buddies"), and possession of drugs.

I do not know how these cases are similar in the least bit.

[WAR EAGLE!!! 0]

looks like it might be time to eat some crow

Nobody EVER eats crow over here in regards to bama. ESPECIALLY when it has to do with discipline. (see JPW's DUI and an AU player getting one a week later)

242546[/snapback]

Give me a break BG...I haven't said crap about either one of these cases but if you are trying to compare underage drinking and freaking possesion on MJ with possesion of a firearm, you are very badly mistaken!!!

[DKW 86 7,427]

The pretrial program is legal from all I can see. But JS's gun charges means he does not qualify for it. How did he get it with the gun charges BG?

[WarTim 3,456]

The silence is deafening. Do I hear Crickets?

[DKW 86 7,427]

The silence is deafening. Do I hear Crickets?    

242584[/snapback]

I have only asked this question about a dozen times on 4-5 boards. Not one answer yet.....

[BamaGrad03 0]

Im not a lawyer so i dont know. I havent seen you produce the law stated clearly anywhere either.

[AWK 0]

If he did "check" the gun out with Northpointe Police before hand, then the illegal firearm charge will be dropped. However, something funny you wont hear about, did JS have a pistol license? Even if the gun was "checked", It is still illegal for him to carry it without a license. I'm sure all of this will be "hushed" though...

[BamaGrad03 0]

If he did "check" the gun out with Northpointe Police before hand, then the illegal firearm charge will be dropped. However, something funny you wont hear about, did JS have a pistol license?  Even if the gun was "checked", It is still illegal for him to have it without a license. I'm sure all of this will be "hushed" though...

242598[/snapback]

Its not illegal to have a pistol without a license.

[saniflush 0]

I believe it is illegal to transport it in a vehicle unless in a secure approved case if you do not have a license. Those of you in law enforcement correct me if I am wrong.

[BamaGrad03 0]

Regardless, i can go down to academy sports, buy a gun and drive it home with only a drivers license.

You guys are trying to find something thats not there....its funny that AU players get an infinite benefit of the doubt...bama players get none.

[AWK 0]

If he did "check" the gun out with Northpointe Police before hand, then the illegal firearm charge will be dropped. However, something funny you wont hear about, did JS have a pistol license?  Even if the gun was "checked", It is still illegal for him to carry it without a license. I'm sure all of this will be "hushed" though...

242598[/snapback]

Its not illegal to have a pistol without a license.

242601[/snapback]

Yes Sir, It is illegal to carry a handgun without a license.

State Requirements

Rifles and Shotguns

Permit to purchase rifles and shotguns? No

Registration of rifles and shotguns? No

Licensing of owners of rifles and shotguns? No

Permit to carry rifles and shotguns? No

Handguns

Permit to purchase handgun? No

Registration of handguns? No

Licensing of owners of handguns? No

Permit to carry handguns? Yes

Link

[saniflush 0]

you messed up now AWK...Just threw facts at BG. It's all over now.

[AWK 0]

One more thing, without having it in some sort of case/lockbox/etc, that would be considered "carrying".

[BamaGrad03 0]

So how do you know he didnt have a case?

[AWK 0]

I dont know how many "illegal" firearm shops sell cases for "stolen" guns. However, If he did own a case then no big deal, but from reading the Police report and etc it seems he did not. For the police to search his car, He had to have either the drugs/gun in plane sight of the officer. They can not legally search your glove compartment or trunk without a warrant, unless a violation is in plane sight. Therefore, His gun was most likely not in a case or in the glove compartment. I'm assuming this because I dont know very many people who would leave Marijuana lying in their passenger seat.

[AUesquire 1]

Quiet asked at the start about someone posting a link or at least substantiating the claim made on another thread that the law "CLEARLY" (as the poster put it) states Simpson is not eligible for drug court if a firearm is involved. I'm not disputing it if the poster actually researched it .(I'm not going to research it )

I think though, you might find that the reference to the firearm probably means the use of a firearm in the commission of the offense charged. Possession and use are worlds apart. Here in Houston County, he would qualify hands down for the similar program, regardless of a gun being found under the seat. He could get "Pre-Trial Diversion" on both counts. He should. The only issue here is how Coach Shula will handle the situation directly with Simpson. And right now, there's no reason to wait on that because being approved for "Drug Court" is basically his admission to the charge.

[DKW 86 7,427]

Quiet asked at the start about someone posting a link or at least substantiating the claim made on another thread that the law "CLEARLY" (as the poster put it) states Simpson is not eligible for drug court if a firearm is involved.  I'm not disputing it if the poster actually researched it .(I'm not going to research it )

I think though, you might find that the reference to the firearm probably means the use of a firearm in the commission of the offense charged.  Possession and use are worlds apart.  Here in Houston County, he would qualify hands down for the similar program, regardless of a gun being found under the seat.  He could get "Pre-Trial Diversion" on both counts.  He should.  The only issue here is how Coach Shula will handle the situation directly with Simpson.  And right now, there's no reason to wait on that because being approved for "Drug Court" is basically his admission to the charge.

242627[/snapback]

Thank you Sir, that is all I wanted to know. So the firearm had to be "used' for it to be a disqualifier?

[quietfan 233]

Now that Blackmon's court case is resolved, will CTT make any public announcement anytime soon on his punishment re the team? Anyone with inside ties hear anything yet? ...just wondering.