Dennard Arrested for Assault

[sd'sker]

i guess i was referring more to the resisting arrest, but the must have happened after the assault.

Dennard's attorney conceded the resisting arrest . . . in fact if I'm reading the reports correctly he argued that Dennard definitely resisted arrest but didn't assault the officer.

 

This would have probably been plead to a resisting only if he hadn't thrown the punch.

it really is too bad. i hate to see a good person have a 30 sec. lapse of judgment affect the rest of his life. like others have said, i do not think the consequence (other than having a felony on his record) will amount to too much.

[QMany]

Why wasn't this plead down? The prosecutor didn't want to negotiate? The defense thought their defense was stronger than it turned out to be?

 

I saw no merit for Dennard's team in this trial. I didn't see a different outcome than what we got, if the evidence was accurate (and it seems to have turned out to be).

 

I also see no merit, other than sending a message to the public, in the prosecution's pursuit of a felony. Dennard isn't the kind of person we, the citizens, need to be protected from. So why push for a felony conviction on an otherwise spotless record?

 

None of this made sense to me. Should never have gone to trial. Cut a deal, make it palatable for both parties, and move on.

PA trying to make a name for himself and didn't offer much of a plea? Dennard has the resources, and if the plea wasn't going to be any worse than what may happen at trial, might as well try your hand.

 

That is all I can think of, and it wouldn't really surprise me. Other than that, doesn't make much sense.

[Count 'Bility]

The no plea down thing really has me baffled as well. I honestly never expected to hardly hear about this again, then, all a sudden, boom, there's a trial. I'm really surprised in his situation being a pro player and all, they'd plea, pay a huge ass fine with some probation/community service/whatever the heck they do, and it'd all be done with

[TAKODA]

This would have probably been plead to a resisting only if he hadn't thrown the punch.

 

Why wasn't this plead down? The prosecutor didn't want to negotiate? The defense thought their defense was stronger than it turned out to be?

 

I saw no merit for Dennard's team in this trial. I didn't see a different outcome than what we got, if the evidence was accurate (and it seems to have turned out to be).

 

I also see no merit, other than sending a message to the public, in the prosecution's pursuit of a felony. Dennard isn't the kind of person we, the citizens, need to be protected from. So why push for a felony conviction on an otherwise spotless record?

 

None of this made sense to me. Should never have gone to trial. Cut a deal, make it palatable for both parties, and move on.

 

Although I can't be certain of this, I think Dennard probably thought they would win this and stand up for what he felt was truth. On the Prosecution side, they probably were in a situation where they did not want to take a plea agreement (Special deal) because a majority of the public already thinks the players get privileged treatment as it is. This is one of those trials that regardless of the outcome, one side or the other feels slighted. I have no problem with the outcome because as Dennards Attorney already stated, he was guilty of a portion thereof. I believe if you or I were the defendant and did the very same act, we would have been convicted as he was. It really will all come down to the punishment and or fine or both to see if the punishment truly fits the crime. I do not expect anything too harsh to occur. At least from the legal side. The NFL however may have some say in this as well that could affect him in a big way.

[Foppa]

Here's my take: Everyone seems to think that he's 'a pretty good guy'. Fine. And he did something really stupid that entitled a felony conviction. Fine. You don't ever, ever, punch a cop. But...why did he do it if he's such a good guy? BECAUSE HE'S A LOUSY DRUNK. I've been drunk many, many times. I either get really quiet, or I chat more than usual, and slur my words while I'm at it. Not once have I ever got violent. But alcohol very commonly makes good people get pissed off for no good reason.

 

If I was the judge...I'd make him sit in jail every day of the anniversary of what he did for 5 years, and sentence him to 5 years of probation where he was tested for alcohol every week, and if he violated it, he went straight to prison. To me, that sounds like a pretty fair sentence for a 'good guy' who can't make good judgements while drunk.

[carlfense]

Why wasn't this plead down? The prosecutor didn't want to negotiate? The defense thought their defense was stronger than it turned out to be?

Best guess? There is probably an office policy of not pleading assault on an officer down to a resisting if a punch is thrown. I know that some other jurisdictions handle these cases that way but I don't know the specifics of Lancaster.

 

It's a sensible policy (in my opinion) and it would seem to fit the facts here . . . but from the perspective of the defense why not try the case if the only offer on the table is plead to the felony and dismiss the balance? If it's felony or nothing you might as well roll the dice.

 

I saw no merit for Dennard's team in this trial. I didn't see a different outcome than what we got, if the evidence was accurate (and it seems to have turned out to be).

Jury trials are unpredictable. Dennard obviously has the resources to go to trial . . . so it makes sense that he'd try it even if there was only a remote chance of a mistrial or not guilty verdict.

 

I also see no merit, other than sending a message to the public, in the prosecution's pursuit of a felony. Dennard isn't the kind of person we, the citizens, need to be protected from. So why push for a felony conviction on an otherwise spotless record?

Punching a peace officer is a serious offense. Dennard shouldn't get special treatment if the LCA policy is no misdemeanor pleas if an officer is punched.

 

None of this made sense to me. Should never have gone to trial. Cut a deal, make it palatable for both parties, and move on.

I agree that this probably shouldn't have gone to trial. I think the smarter defense tactic would have been to negotiate on the recommended sentence rather than demanding a misdemeanor. (For example, have the DA agree to not object to a term of probation if recommended by the pre-sentence investigation.) Instead they rolled all of the dice . . . lost on two out of three . . . and the DA can argue (probably unsuccessfully) for a straight sentence.

[carlfense]

PA trying to make a name for himself and didn't offer much of a plea?

Nah. Hard to "make a name for yourself" with this kind of case regardless of the defendant.

 

Dennard has the resources, and if the plea wasn't going to be any worse than what may happen at trial, might as well try your hand.

 

That is all I can think of, and it wouldn't really surprise me. Other than that, doesn't make much sense.

I think that you nailed it with the bold.

[funhusker]

The NFL is a joke. They want to "investigate" the conviction to determine if it is punishible under the personal conduct policy....nfl.com article

 

I don't condone Dennard's behavior in any way, but the kid has already lost a TON of money because of this. And if the NFL touches this, how many other current players that got in trouble in college will they fine and/or suspend?

[zoogs]

What do you expect the NFL to do? They have to look into it. Hopefully the investigation comes out positively for Fonz.

[Haspula]

[VitMan]

My favorite part of this is how he was found NOT GUIlTY of the crime he was being arrested for. And I was at a trial in Fremont where a Latino man assaulted an officer and broke the officers phone in the process. He was sentenced to 3 years in the state pen.

[Foppa]

My favorite part of this is how he was found NOT GUIlTY of the crime he was being arrested for. And I was at a trial in Fremont where a Latino man assaulted an officer and broke the officers phone in the process. He was sentenced to 3 years in the state pen.

 

Umm...if I'm driving and swerving all over the place, and I get pulled over on suspicion of drunk driving, and I punch the cop...I'm still going to jail/prison whether I'm sober or sozzled. So it's an invalid point.

[VitMan]

My favorite part of this is how he was found NOT GUIlTY of the crime he was being arrested for. And I was at a trial in Fremont where a Latino man assaulted an officer and broke the officers phone in the process. He was sentenced to 3 years in the state pen.

 

Umm...if I'm driving and swerving all over the place, and I get pulled over on suspicion of drunk driving, and I punch the cop...I'm still going to jail/prison whether I'm sober or sozzled. So it's an invalid point.

 

I wasn't making a point.

 

And in your scenario you'd have to be arrested for drunk driving and then resist arrest and then assault the officer.

 

So yeah your analogy doesn't work.

[carlfense]

And in your scenario you'd have to be arrested for drunk driving and then resist arrest and then assault the officer.

[carlfense]

Umm...if I'm driving and swerving all over the place, and I get pulled over on suspicion of drunk driving, and I punch the cop...I'm still going to jail/prison whether I'm sober or sozzled. So it's an invalid point.