# A boozed up Dante Stallworth kills someone and gets 30 days in jail.

**URL:** <https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965>\
**Category:** The BBQ Pit\
**Created:** [June 16, 2009, 5:45pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965 "2009-06-16T17:45:44Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Sitnam](https://avatars.discourse-cdn.com/v4/letter/s/6a8cbe/32.png) [@Sitnam](https://boards.straightdope.com/u/Sitnam)\
**Post date:** [June 16, 2009, 5:45pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/1 "2009-06-16T17:45:44Z")

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[Must be nice to be above the law.](http://www.cleveland.com/browns/index.ssf/2009/06/cleveland_browns_receiver_dont_2.html)

I’m not rich or famous so I wouldn’t know.

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**Author:** ![Phatlewt](https://avatars.discourse-cdn.com/v4/letter/p/a698b9/32.png) [@Phatlewt](https://boards.straightdope.com/u/Phatlewt)\
**Post date:** [June 16, 2009, 6:19pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/2 "2009-06-16T18:19:52Z")

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30 days… and two years of house arrest, and eight years of probation and 1,000 hours of community service…

What do you think the punishment should be?

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [June 16, 2009, 6:20pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/3 "2009-06-16T18:20:57Z")

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[About](http://www.dc.state.fl.us/pub/sg_annual/9596/part_ii/ii2_t2.html) nine years on average, apparently.

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**Author:** ![malkavia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/malkavia/32/5621_2.png) [@malkavia](https://boards.straightdope.com/u/malkavia)\
**Post date:** [June 16, 2009, 6:29pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/4 "2009-06-16T18:29:13Z")

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Can I have two years house arrest at Dante Stallworth’s house? That’s ridiculous.

(Think he’ll put a plastic baggie around his ankle monitor before relaxing in the pool? :rolleyes:)

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**Author:** ![MOIDALIZE](https://avatars.discourse-cdn.com/v4/letter/m/e274bd/32.png) [@MOIDALIZE](https://boards.straightdope.com/u/MOIDALIZE)\
**Post date:** [June 16, 2009, 6:30pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/5 "2009-06-16T18:30:12Z")

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I can’t really get too mad (aside from the fact that he plays for the Browns) without knowing all the circumstances surrounding the accident. Yeah, he was drunk, but from the article it says the guy he hit was out of the crosswalk. Maybe he darted out in the middle of the street to catch his bus. I think if the accident had been really egregious he would have been vigorously prosecuted.

At any rate, they suspended his driving privileges for life and I’m sure he’ll end up paying through the nose in a civil suit.

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**Author:** ![pricciar](https://avatars.discourse-cdn.com/v4/letter/p/f4b2a3/32.png) [@pricciar](https://boards.straightdope.com/u/pricciar)\
**Post date:** [June 16, 2009, 6:33pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/6 "2009-06-16T18:33:16Z")

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I don’t know how fair this punishment is. But, this seems especially egregious to me.  
“Stallworth later told police at the Miami Beach police station that he had time to honk his horn and flash his headlights to warn Reyes.”

He had time to honk and flash headlights. But, not time to stop or get out of the way? If the guy was running out and it was a surprise. I doubt he would have time to honk and flash his lights.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [June 16, 2009, 6:34pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/7 "2009-06-16T18:34:56Z")

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> [@MOIDALIZE](#):
>
> At any rate, they suspended his driving privileges for life and I’m sure he’ll end up paying through the nose in a civil suit.

Stallworth already settled with the Reyes family. (We don’t know how much he’ll pay, of course.) It seems like a very light sentence, but maybe that’s an acknowledgment that even though he was very drunk, the accident wasn’t all his fault.

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**Author:** ![MOIDALIZE](https://avatars.discourse-cdn.com/v4/letter/m/e274bd/32.png) [@MOIDALIZE](https://boards.straightdope.com/u/MOIDALIZE)\
**Post date:** [June 16, 2009, 6:35pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/8 "2009-06-16T18:35:48Z")

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I can flash my lights and honk in less than a second, even as I’m slamming on the brakes and plowing into somebody.

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**Author:** ![Phatlewt](https://avatars.discourse-cdn.com/v4/letter/p/a698b9/32.png) [@Phatlewt](https://boards.straightdope.com/u/Phatlewt)\
**Post date:** [June 16, 2009, 6:40pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/9 "2009-06-16T18:40:14Z")

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That nine year average doesn’t list the actual time served. (It’s also 15 years old, but I’m okay assuming that it hasn’t changed much since) If that includes parole time, Stallworth’s time seems to be about average when you consider the time under house arrest and probation.

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**Author:** ![pricciar](https://avatars.discourse-cdn.com/v4/letter/p/f4b2a3/32.png) [@pricciar](https://boards.straightdope.com/u/pricciar)\
**Post date:** [June 16, 2009, 6:44pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/10 "2009-06-16T18:44:22Z")

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> [@MOIDALIZE](#):
>
> I can flash my lights and honk in less than a second, even as I’m slamming on the brakes and plowing into somebody.

Yeah. I guess you are right. I suppose I just can’t get the idea out of my head if he weren’t driving drunk, the guy wouldn’t have been killed. But, that is possibly an unfounded assumption.

I guess it is impossible to know, with the info we have, whether he got a good deal because of fame and money, or, because of the circumstances. And, even with that. Not being able to drive for the rest of his life is a severe punishment. As, for the house arrest. How does that work? He can only leave his house for work? He’ll be out of town for extended periods of time with his work.

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**Author:** ![ShadowFacts](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shadowfacts/32/2934_2.png) [@ShadowFacts](https://boards.straightdope.com/u/ShadowFacts)\
**Post date:** [June 16, 2009, 7:06pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/11 "2009-06-16T19:06:35Z")

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I hate drunk drivers. IMO, Stallworth and anyone else who takes a life while driving drunk should be prosecuted for felony murder, i.e. a murder that happens during the commission of a felony.\* I think a 15-year minimum sentence is appropriate for this. 30 days in actual jail is a travesty.  
\*Of course, I know that is not the case in reality. IANAL and most of my legal knowledge comes from _Law & Order_. I am not making a point about what _is_, but about what _should be_.

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**Author:** ![Phatlewt](https://avatars.discourse-cdn.com/v4/letter/p/a698b9/32.png) [@Phatlewt](https://boards.straightdope.com/u/Phatlewt)\
**Post date:** [June 16, 2009, 7:21pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/12 "2009-06-16T19:21:49Z")

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> [@ShadowFacts](#):
>
> I hate drunk drivers. IMO, Stallworth and anyone else who takes a life while driving drunk should be prosecuted for felony murder, i.e. a murder that happens during the commission of a felony.\* I think a 15-year minimum sentence is appropriate for this. 30 days in actual jail is a travesty.

It is. DUI manslaughter appears to be treated the same as Felony Murder in the third degree in Florida.

**Felony Murder**

> [@](#):
>
> Third degree felony murder is the unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration or in the attempt to perpetrate any felony other than those contained in the above list. Third degree felony murder is a second degree felony, punishable by up to fifteen years in prison. s. 775.082(4), F.S.

[(cite, pdf)](http://www.flsenate.gov/data/session/2001/House/bills/analysis/pdf/2001h0375z.cpcs.pdf)

**DUI Manslaughter**

> [@](#):
>
> Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.  
> DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

[(cite)](http://www.flhsmv.gov/ddl/duilaws.html)

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [June 16, 2009, 7:37pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/13 "2009-06-16T19:37:23Z")

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> [@Phatlewt](#):
>
> That nine year average doesn’t list the actual time served. (It’s also 15 years old, but I’m okay assuming that it hasn’t changed much since) If that includes parole time, Stallworth’s time seems to be about average when you consider the time under house arrest and probation.

It does say “Prison sentance” – not parole, not house arrest. In fact, there is another table in there called “[Prison vs Non-Prison Sentence](http://www.dc.state.fl.us/pub/sg_annual/9596/part_ii/ii2_t1.html)”.

So it appears he got a real sweet deal. I’ll look around some more and see if there’s any other onformation that looks relevant.

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**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\
**Post date:** [June 16, 2009, 7:52pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/14 "2009-06-16T19:52:06Z")

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He was convicted of manslaughter, not nearly as serious as murder. I do like the “no DL for life” part, though.

A woman I know was charged with gross vehicular manslaughter; child abuse and endangerment; and felony drunk driving causing bodily harm in the DUI death of her six year old son, and she was facing 10 years. I think she ended up with 4, and served at least 2 years IIRC. Don’t know about her probation or DL status.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [June 16, 2009, 8:07pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/15 "2009-06-16T20:07:13Z")

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> [@Boyo\_Jim](#):
>
> It does say “Prison sentance” – not parole, not house arrest. In fact, there is another table in there called “[Prison vs Non-Prison Sentence](http://www.dc.state.fl.us/pub/sg_annual/9596/part_ii/ii2_t1.html)”.
> 
> So it appears he got a real sweet deal. I’ll look around some more and see if there’s any other onformation that looks relevant.

That cite is massively out of date. Sentences in Florida (and moreso, time actually served) has dropped a great deal in Florida over the last 15 years because of our 10-20-life mandatory minimums for gun crimes and increasingly harsh drug laws- not to mention the fact that our population has grown more than that of any other state over the period in question.

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**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\
**Post date:** [June 16, 2009, 8:42pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/16 "2009-06-16T20:42:31Z")

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It is about right for a person with money.

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**Author:** ![FoieGrasIsEvil](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foiegrasisevil/32/16638_2.png) [@FoieGrasIsEvil](https://boards.straightdope.com/u/FoieGrasIsEvil)\
**Post date:** [June 16, 2009, 9:56pm UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/17 "2009-06-16T21:56:51Z")

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In addition, he should be prosecuted by the Browns for stealing their money.

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**Author:** ![Idle\_Thoughts](https://avatars.discourse-cdn.com/v4/letter/i/838e76/32.png) [@Idle\_Thoughts](https://boards.straightdope.com/u/Idle_Thoughts)\
**Post date:** [June 17, 2009, 1:30am UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/18 "2009-06-17T01:30:31Z")

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> [@malkavia](#):
>
> Can I have two years house arrest at Dante Stallworth’s house? That’s ridiculous.
> 
> (Think he’ll put a plastic baggie around his ankle monitor before relaxing in the pool? :rolleyes:)

Well, you CAN have two years house arrest at my house. 🙂

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [June 17, 2009, 2:07am UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/19 "2009-06-17T02:07:00Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> That cite is massively out of date. Sentences in Florida (and moreso, time actually served) has dropped a great deal in Florida over the last 15 years because of our 10-20-life mandatory minimums for gun crimes and increasingly harsh drug laws- not to mention the fact that our population has grown more than that of any other state over the period in question.

Certainly sentences for DUI/manslaughter may have gotten somewhat shorter over the last decade , and it certainly does sound like the victim was partly at fault, which may have justified a shorter sentence (though Stallworth was still driving drunk, and still killed a guy, even if the guy was being an idiot by running through traffic).

But Stallworth’s sentence isn’t half of the '96 average, or even a factor of five or ten shorter, it’s _one one hundreth_ of the '96 average.

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**Author:** ![Boozahol\_Squid\_P.I](https://avatars.discourse-cdn.com/v4/letter/b/d9b06d/32.png) [@Boozahol\_Squid\_P.I](https://boards.straightdope.com/u/Boozahol_Squid_P.I)\
**Post date:** [June 17, 2009, 2:20am UTC](https://boards.straightdope.com/t/a-boozed-up-dante-stallworth-kills-someone-and-gets-30-days-in-jail/499965/20 "2009-06-17T02:20:27Z")

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> [@FoieGrasIsEvil](#):
>
> In addition, he should be prosecuted by the Browns for stealing their money.

The Browns have a long list of players ahead of Stallworth for that particular crime…

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