Washington Post: Prosecutors recommend Gilbert Arenas get three months in jail

They also recommend he get three ~~months~~ years probation and do 300 hours of community service.

UPDATE: Adrian Wojanrowski reports that Gilbert sent a mass text message to his friends telling them his phone will be shut off until Friday (the sentencing date) and that he'll call them if he wants them. I have no idea how Woj found this out. Maybe Gil considers him a friend?

UPDATE: Here's a copy of the prosecution's full brief, which alleges that Arenas has changed his story in a self-serving matter. The Washington City Paper reprints Arenas' text messages to a teammate that show Arenas covered this up.

I'm curious to hear the defense's take on all of this.

UPDATE: Woj reports Arenas' defense team sent out a "sentencing memorandum" that includes mostly character endorsements. Sigh. I was hoping for a response to the facts presented by the prosecution.

UPDATE: I just got a copy of the sentencing memo. I'm going to need some time to look this over, but the memo does say that "Mr. Arenas’ intent that day, though terribly misguided, was neither malicious nor violent in any way."

UPDATE: Here's a copy of the defense's memo. Feel free to peruse.

about 2 years ago Mike Prada 39 comments 0 recs |

Story-email Email Printer Print

Comments

Not terrible, considering

He could do 3 months and either be back for next season or come in before the All-Star break.

As for community service: basketball players do that all the time.

Oh and one correction: the story says three years probation.

by Pryme on Mar 23, 2010 1:03 PM EDT reply actions

I had slowly accepted that Gilbert would serve a short sentence over the summer break and would be back with the team in time to get a good start going into next season.

If he ends up missing time going into next year, nevertheless all the way til the all star break, without an effort to void (even if it is just a dog/pony show) I’ll be done with this team.

VOID!!!

by dt3 on Mar 23, 2010 4:35 PM EDT up reply actions

I doubt Gilbert will see any jailtime.

by Unxpekted on Mar 23, 2010 1:22 PM EDT reply actions

i doubt that you are actually reading any of the articles/releases that have come out over the last coupe of days.

VOID!!!

by dt3 on Mar 23, 2010 4:23 PM EDT up reply actions

I’ve never thought he’d get jail time. What prosecutors ask for is aspirational.

What articles/releases that have come out over the last couple of days will change my mind? I haven’t seen them.

by MR on Mar 23, 2010 4:27 PM EDT up reply actions

prosecutors say the Arenas “tried to orchestrate a cover-up” of what happened in that Verizon Center locker room on Dec. 21.

Prosecutors write: "Throughout this incident, [Arenas] has provided conflicting, self-serving accounts regarding: why he brought the firearms to the Verizon Center; when he brought the firearms to the Verizon Center; whether Crittenton had a firearm; whether there was a confrontation with Crittenton; or whether Crittenton was even present.

I also dont view it as a good sign that the rumors that were circulating around sentencing time (30 days) have now escalated pretty considerably (90 days).

VOID!!!

by dt3 on Mar 23, 2010 4:32 PM EDT up reply actions

I don't remember anything about 30 days?

In fact, I thought it was six months.

You know you'll get devoured by Cheaney, Wallace, and Juwan Howard.

by Mike Prada on Mar 23, 2010 4:33 PM EDT up reply actions

hmmm...

maybe I am wrong (again)

now that you mention it I do remember thinking that the timing would be pushed right up against training camp opening up

VOID!!!

by dt3 on Mar 23, 2010 4:37 PM EDT up reply actions

That's all just window dressing

The prosecutors are asking for something. The defense will ask for something else. The judge will decide.

I still don’t think he’ll see any jail time. In fact I’d be shocked.

by MR on Mar 23, 2010 5:06 PM EDT up reply actions

you know who else would be shocked… the dude who got arrested on a speeding ticket, had a gun in his glove compartment, and is still spending 12+ months in jail despite having no prior record (remember this is Gilbert’s second gun charge).

Do I think he should go to jail… No. But if you arent going to enforce the law on someone who 1) already has one strike 2) is using them to pull a juvenile prank then there shouldnt be a law to begin with. Celebrity Justice is one thing… this would be something past even that.

VOID!!!

by dt3 on Mar 23, 2010 5:42 PM EDT up reply actions

the dude who got arrested on a speeding ticket

who is that?

by MR on Mar 23, 2010 5:46 PM EDT up reply actions

my father

VOID!!!

by dt3 on Mar 23, 2010 5:53 PM EDT up reply actions

just kidding… just throwing out a hypothetical

VOID!!!

by dt3 on Mar 23, 2010 5:53 PM EDT up reply actions

Well that's my point

There is a huge gap between the chatter around here with talk about “fair” etc…and the reality of the justice system. This isn’t David Stern. It’s a real judge. Crazy things happen in court.

by MR on Mar 23, 2010 6:02 PM EDT up reply actions

Im just surprised that more stories like this one arent being brought up

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/13/AR2009011302840.html

VOID!!!

by dt3 on Mar 23, 2010 6:10 PM EDT up reply actions

that's right...

prosecuters are “recommending” 3 month jail time, but highly unlikely that Judge grants the maximum penalty

by CVC on Mar 23, 2010 6:45 PM EDT up reply actions

when say you maximum penalty are you referring the 3 months the prosecutors are recommending or the 5 year maximum that the charge really carries??

VOID!!!

by dt3 on Mar 23, 2010 6:48 PM EDT up reply actions

By the way

Any lawyers in the house that feel like writing about that brief? I don’t know enough about how this stuff works to feel all that comfortable dissecting it with a long post.

You know you'll get devoured by Cheaney, Wallace, and Juwan Howard.

by Mike Prada on Mar 23, 2010 4:30 PM EDT reply actions

Wow...terrible...

After Gil gave us that sincere confession, he was lying still? I was still willing to see Gil play next year, but after this…rip that contract up Ernie.

"I am excited about starting 2009. We are looking forward to an outstanding year. We're on our way. We have a lot of healthy players this year." - Vinny Cerrato

by Kevin Ewoldt on Mar 23, 2010 4:35 PM EDT reply actions 1 recs

Isnt it crazy how fans from 2 different sports can differ so greatly. I would consider myself to be predominantly a football fan where we have been forced to realize that as much as we love the sport/team/player this is a business that we have fallen in love with. That despite what a player may have done in the past your favorite team wont think twice about cutting loose your favorite player the second his dollars dont make sense.

Then on the other hand there is basketball… where a player can under perform (and thats being generous) for 3 years, earn $910,552 per game actually played in the process, and then commit a felony on team property, only to have the team/fanbase welcome him back to collect the balance of his 4 year $80M contract. Forget the gun issue, if I am the president of the wizards and I hear Gil signed the contract in blue ink instead of black I am looking into how I can use that to get out of this deal.

If they think they have a case for voiding the contract (and it appears pretty black/white that they do) they need to strike while the iron is hot. I will need alot more than 2 loose fitting precedents (artest + jackson) from a PREVIOUS cba to convince me it couldnt get done. As stupid and juvenille as I think Gilbert is I doubt he will give them another chance.

VOID!!!

by dt3 on Mar 23, 2010 6:47 PM EDT up reply actions

Maybe it's just me, but I thought we already knew Gil covered this up at the time

So I’m not sure what’s the big news here, other than seeing exactly what Gil tried to do at the time to cover it up via his text messages.

You know you'll get devoured by Cheaney, Wallace, and Juwan Howard.

by Mike Prada on Mar 23, 2010 4:39 PM EDT reply actions

Agreed

by Johnnie Futbol on Mar 23, 2010 5:01 PM EDT up reply actions

Guess I missed that part..or at least the extent of the cover up.

"I am excited about starting 2009. We are looking forward to an outstanding year. We're on our way. We have a lot of healthy players this year." - Vinny Cerrato

by Kevin Ewoldt on Mar 23, 2010 5:18 PM EDT up reply actions

Also, let's keep in mind that this is the prosecution's brief

And while I don’t know much about legal writing, I do know that it encourages strong, direct language that is nice and quotable, but really for the sake of making their argument.

That’s why I said I’m curious to read the defense’s take, unless there is no defense’s take because they already accepted the plea. I don’t get how this stuff works.

You know you'll get devoured by Cheaney, Wallace, and Juwan Howard.

by Mike Prada on Mar 23, 2010 4:46 PM EDT reply actions

how is the cover-up of a "self-serving" nature?

Seems like Gilbert was maybe being self-serving in claiming that there was no confrontation, but urging Javaris to say all the guns belonged to Gilbert hardly seems self-serving.

"the chevy chase bank deposit!"

by newmaniumreveler on Mar 23, 2010 5:00 PM EDT reply actions

Yes

Trying to keep Crittendon from facing prosecution is hardly “self-serving,” though Arenas might have benefited a little if it was generally believed there wasn’t a confrontation between the two. In any case, who doesn’t act in a “self-serving” way? In fact the prosecutors are using that term in their own self-serving way.

by Johnnie Futbol on Mar 23, 2010 5:06 PM EDT up reply actions

It would be tough to draw any conclusion from that

It could be self serving in the sense that he was waving it all off saying “Nothing to see Here, move along” to obscure how heated the confrontation was and play down the incident. He also could have been concerned for Critt. Not sure we can really say if it was serving or not. If I had to bet I would say Gilbert, rightly, knew his first story put him in a better light than if the actual confrontation came to light.

by BayAreaBullet on Mar 24, 2010 3:27 PM EDT up reply actions

You guys are just enablers

Covering up that he brought military grade handguns to a public facility in DC for intimidation purposes when he had a gun charge prior is no biggie……LOL

That’s what’s wrong with this country. No accountability for your actions.

If this was a poor guy living in Anacostia, and not a celeb athlete living in Mclean, VA….he would be in the slammer for years.

by jdgreger on Mar 23, 2010 5:17 PM EDT reply actions

We’re not VOTING on it. It is one person’s hands, the judge.

I"m just saying that from my own limited experience and impression I don’t believe he will get jail time. Not making a value judgment.

by MR on Mar 23, 2010 5:48 PM EDT up reply actions

That is a value judgment. Everything is a value judgment.

EvilCowtownInc: Screwin Suckaz over since 1985......

No mistakes in the tango, Donna. Not like life. Simple. That's what makes the tango so great. If you make a mistake, and get all tangled up, you just tango on.....

by pookeyguru on Mar 23, 2010 6:14 PM EDT up reply actions

(I do agree with your point MR.)

EvilCowtownInc: Screwin Suckaz over since 1985......

No mistakes in the tango, Donna. Not like life. Simple. That's what makes the tango so great. If you make a mistake, and get all tangled up, you just tango on.....

by pookeyguru on Mar 23, 2010 6:18 PM EDT up reply actions

you are dead wrong

Go to dc court. Look up a common name. Look for gun offenses. You don’t get jail time, its the de facto law. Critt didn’t get jailtime. Others haven’t. The media blew the story out of propotion and the judicial system failed. Hell, the law may not even be constituional. The last dc rule wasnt

by zeke5123 on Mar 23, 2010 6:19 PM EDT via mobile up reply actions

Ive actually been trying to do this for awhile now… without actually going to the courthouse. Is there any online resource you can use to check things like this? If I see that the average joe does not get any jail time for a charge like this than i will completely change my story.

Im just going off all the horror stories you hear about if you get caught in DC with a gun and its MANDATORY jail time

VOID!!!

by dt3 on Mar 23, 2010 6:53 PM EDT up reply actions

I don't know about online

I had an internship with a firm during my undergrad where i researched cases. Being at DC courthouse often, I saw these cases. It is my opinion that a gun charge alone won’t hurt you. It is when it is combined with other actions. If you go to the courthouse, the mechanism is called courtview. But going to the CH is a pain.

by zeke5123 on Mar 23, 2010 11:28 PM EDT up reply actions

well, someone got shot two blocks from my apt last night, so I tend to take violent crime seriously

which is why I hate seeing my cash-strapped city going overboard to try to make Gilbert an example of…uh, what I’m not sure. Jim Webb admitted to carrying concealed in the city, and he’s got known temper issues. Why should we take that lightly? (I happen to like Webb, just using him as an example.)

"the chevy chase bank deposit!"

by newmaniumreveler on Mar 24, 2010 9:40 AM EDT up reply actions

If this was a poor guy living in Anacostia, and not a celeb athlete living in Mclean, VA….he would be in the slammer for years.

Possibly, but that would be a problem too. Some people just don’t like that we imprison more people per capita than the rest of the world. Call us “enablers” if you must.

by Johnnie Futbol on Mar 23, 2010 5:20 PM EDT reply actions 1 recs

I think Mike is right, some of the cover-up stuff the prosecutors are acting so surprised about now had to have been known to them earlier, so I don’t see why they’re acting so surprised now. I don’t know what effect that will have, though. It’s not like the defense can really argue, “You knew our client was a big fat liar to begin with!” and hope to get somewhere with that.

The prosecutors’ memo was pretty damning, but it also comes off as overzealous. This recent shift makes it more likely he’ll go to jail, and who knows how the DC courts treat this. But again, I’ll be surprised if he receives any jail time, especially if he shows remorse to the court. If he doesn’t, he may get a couple weeks.

Reading that memo, I’m reminded that these guys in the NBA, for all of their money and fame, are incredibly immature. Never mind the incident itself – lying to prosecutors and texting cover-up stories? WTF.

by satchmore on Mar 23, 2010 10:17 PM EDT reply actions 1 recs

How much of his jail sentence would he actually serve

Out here in CA he would serve like a third of the time he got sentenced too.

Not sure why people are so up in arms over this. Gilbert agreed to a plea of 6 months or less. Prosecutors only suggested 3 months. They were required to back up that assertion. Sure the language is a little bombastic, but thats how it is supposed to be and it basically boils down to them pointing out in verified detail all the changes in Gilbert’s story. People seem to act as if this is some prosecutor gone off on a vendetta when he only requested 3 months.
I wish we could get some legit evidence of what this kind of charge/circumstances would normally bring. Right now it seems like alot of people making claims that he is either being treated lightly or harshly because of his status and I’d like to know how his case/sentencing stacks up to others that are similar. Not sure on this but wasn’t it reported the Sentencing guidelines were for 6 months?