Dennard arrested for DUI

[Concerned_Citizen]

Unless the judge gives him more time, he isn't spending anywhere near 30 days in jail. He will spend a week, maybe two.

Supposedly Chad Ohsostinko turned over a new leaf in his course of life after just a week in jail for his crime. If it was good enough for him...

...yeah, I'm not buying it either.

 

[mgteich]

And how does this help Dennard's situation?

Perhaps Hernandez should use the defense that there are lots more murders in DC.

What matters is how the judge and local community view a player who is awaiting prison time committing another infraction.

They are, but Nebraska hasn't had nearly the amount of arrests in the last few years that colleges like UF have had.

 

[supafly]

Most likely it will get pushed until after the season. It is very common for judges to allow players to push trials and hearings until after the season. I think this is good news, not bad. Unless the judge is really peissed off, it is likely that she will allow Dennard's motion to push the trial to February or March.

That's the million dollar question that we won't know about. Normally in Nebraska a VOP starts at the arraignment and the next date is set for approximately a month from the initial arraignment. This is obviously different than some other states.

How the judge feels will obviously be the key to everything, but I'm not anywhere as sure as you seem to be that she is going to allow him to play out the entire season before hearing the violation; otherwise that would totally defeat the prosecution's purpose of wanting the case heard prior to being resolved. Their main argument is that he has already violated his probation by getting arrested and charged.

If they are going to allow him to push this back until after the season, then I'm not sure why they acted so quickly and came out him so hard in the first place by choosing to violate him immediately, claiming that he's already broken the law? It would seem pointless unless they're simply posturing. It's probably somewhere in the middle much like his first case, where they came at him hard, refused to accept a plea bargain, but still treated him fairly be only giving him a 30 day sentence + 2 yrs of probation.

 

[supafly]

Unless the judge gives him more time, he isn't spending anywhere near 30 days in jail. He will spend a week, maybe two.

The judge already gave him credit for 3 days as it is, so his maximum sentence would really be 27 days--meaning he'd probably be out in 13/14 days as you said.

What's sad is that he didn't have to spend a day in jail as the sentence was likely to be suspended according to the reports from the April 11th trial had he just stayed out of trouble.

 

[mgteich]

2 years probation may be reasonable, and still difficult for Dennard. What do you think the odds of him not violating probation (actually not being caught violating probation) for two full years?

That's the million dollar question that we won't know about. Normally in Nebraska a VOP starts at the arraignment and the next date is set for approximately a month from the initial arraignment. This is obviously different than some other states.

How the judge feels will obviously be the key to everything, but I'm not anywhere as sure as you seem to be that she is going to allow him to play out the entire season before hearing the violation; otherwise that would totally defeat the prosecution's purpose of wanting the case heard prior to being resolved. Their main argument is that he has already violated his probation by getting arrested and charged.

If they are going to allow him to push this back until after the season, then I'm not sure why they acted so quickly and came out him so hard in the first place by choosing to violate him immediately, claiming that he's already broken the law? It would seem pointless unless they're simply posturing. It's probably somewhere in the middle much like his first case, where they came at him hard, refused to accept a plea bargain, but still treated him fairly be only giving him a 30 day sentence + 2 yrs of probation.

 

[Brady6]

2 years probation may be reasonable, and still difficult for Dennard. What do you think the odds of him not violating probation (actually not being caught violating probation) for two full years?

This is the way I see it,

Dennard took a swing at a guy who was in street clothes that inserted himself into a situation, began grabbing Dennard without showing a badge while Dennard was engaged in a confrontation with someone else. Unfortunately he was a police officer.

Dennard was driving at 2am and apparently drove to close to a line in the road, he didn't cross the line, he wasn't speeding, when he was pulled over he didn't resist, when he was asked to do a breathalyzer he willingly attempted to two times. Unfortunately the equipment was not able to properly provide a reading and he was arrested.

Dennard is 23 years old, other than these two events he has no history of arrests, drugs, being questions in connection with any crimes, or any other concerning character traits. Based on those factors I think there is a very good chance that he can easily make it through 2 years of probation without issue.

 

[supafly]

This is the way I see it,

Dennard took a swing at a guy who was in street clothes that inserted himself into a situation, began grabbing Dennard without showing a badge while Dennard was engaged in a confrontation with someone else. Unfortunately he was a police officer.

I don't think that was quite the case, B6.

According to the prosecutor, the officer, and some of the media reports from the spring, the officer was indeed in uniform and had his radio and handcuffs on him at the time.

There was an article that was posted in one of the older threads that gave an account of what happened, and both officers on the scene were on bicycles outside of the bar--supposedly in the all-black police officer garb with the helmets on.

It was a popular rumor around here that he was in street clothes, but that doesn't appear to be true.

Like any other issue, I could be wrong--so apologies ahead of time if so, but it was heavily discussed in a long thread during that particular time when it was a popular topic. This article certainly doesn't make it sound like he was in "street clothes," although I don't blame you for believing the rumor:

http://espn.go.com/boston/nfl/story/_/id/8966440/new-england-patriots-cb-alfonzo-dennard-guilty-assaulting-officer

My thoughts are that'd it be pretty hard to have found him guilty of first degree assualt on a police officer if he hadn't been in full uniform though. They'd never have been able to receive a conviction otherwise in my opinion.

EDIT: After looking through some of the court reports that were made available just via the media, Dennard never even argued the fact that he wasn't aware of the man being an officer, so he obviously was dressed in his uniform. He simply claimed that he was flailing his arms and didn't intentionally hit the man--which as we know, didn't work too well as a defense. I think if the guy wasn't in uniform it'd have been pretty easy to claim that he didn't know any better--just my opinion of course.

 

[supafly]

2 years probation may be reasonable, and still difficult for Dennard. What do you think the odds of him not violating probation (actually not being caught violating probation) for two full years?

You sir, have a valid point

Considering the fact that he's already been arrested--I'd put the odds at a flat ZERO.

Hopefully he can learn from this. One thing he's got to do is get rid of that apartment in Lincoln; family/friends be damned.

 

[Brady6]

I don't think that was quite the case, B6.

According to the prosecutor, the officer, and some of the media reports from the spring, the officer was indeed in uniform and had his radio and handcuffs on him at the time.

There was an article that was posted in one of the older threads that gave an account of what happened, and both officers on the scene were on bicycles outside of the bar--supposedly in the all-black police officer garb with the helmets on.

It was a popular rumor around here that he was in street clothes, but that doesn't appear to be true.

Like any other issue, I could be wrong--so apologies ahead of time if so, but it was heavily discussed in a long thread during that particular time when it was a popular topic. This article certainly doesn't make it sound like he was in "street clothes," although I don't blame you for believing the rumor:

http://espn.go.com/boston/nfl/story...-cb-alfonzo-dennard-guilty-assaulting-officer

My thoughts are that'd it be pretty hard to have found him guilty of first degree assualt on a police officer if he hadn't been in full uniform though. They'd never have been able to receive a conviction otherwise in my opinion.

I read some articles which made mention to him being an off duty officer in street clothes, and the resistance continued when other cops quickly arrived on bicycles. I haven't seen the transcripts so I to could be wrong.

Either way though he made a bad decision in the heat of the moment under the influence of alcohol. It was a childish move but not unexpected of a 22 year old guy. It is worse if the cop was in fact in uniform but I still feel confident he can get through probation without any further issues.

 

[belichick010405]

29-2262 - Probation; conditions. :: 2012 Nebraska Code :: US Codes and Statutes :: US Law :: Justia

29-2266 - Probation; violation; procedure. :: 2012 Nebraska Code :: US Codes and Statutes :: US Law :: Justia

http://law.justia.com/codes/nebraska/2012/chapter-29/statute-29-2267/ and finally -

http://law.justia.com/codes/nebraska/2012/chapter-29/statute-29-2268/

In case anyone was wondering what the 2012 Nebraska Code is regarding probation violations, here is some guidance for those that are interested.

Here is a standing precedent regarding the alleged DUI that the judge will likely consider at the probation revocation hearing - A requirement that one convicted of driving while intoxicated attend and complete and pay for an alcohol abuse course is a valid condition of probation. State v. Muggins, 192 Neb. 415, 222 N.W.2d 289 (1974).

or this citation - Where the defendant violates a condition of his probation, the court may extend the terms of the probation, provided that the total length of probation does not exceed two years for a first offense misdemeanor or five years for a second offense misdemeanor or felony. State v. Ladehoff, 229 Neb. 111, 425 N.W.2d 352 (1988).

 

[Joker]

look...all we should care about as Pats fans is...does he get time for violating probation? If he does, he should be cut and the team should move on immediately. Any other scenario can and should be dealt with expediently and with proper team guidance.Any high salaried employee of a highly visible corporate entity, such as the NEP, should be prepared to behave responsibly and expect randomdrug and alcohol screenings, given the present set of circumstances. I really don't see the point of keeping him on the roster if he is going to continue this pattern of off field behaviour.....and I LOVE this kid's skills and all around game.

 

[supafly]

I read some articles which made mention to him being an off duty officer in street clothes, and the resistance continued when other cops quickly arrived on bicycles. I haven't seen the transcripts so I to could be wrong.

This is another article that I found from Omaha.com, from Feb.12th:

(not meaning to sound argumentative, just trying to set the record straight due to others who have inquired about it recently other than yourself)

At the time, Kopsa was part of a four-officer bicycle team who helped monitor the 2 a.m. bar closing scene in Lincoln, when hundreds of mostly college-age people swarm out of the downtown bars.

"Most of them have been partaking (of) alcohol," he said. "We see a lot of disturbances and fights, people falling over drunk, people urinating in public, people vomiting. A lot of people need us there to prevent something from happening or to take them into protective custody."

He said the goal is to maintain order. Officers will arrest people when necessary, but they would rather issue citations and release people.

Officer had his 'hands full' with former Husker Dennard - Omaha.com


I think it's pretty clear that he was in uniform, especially judging by the records that were released too. Like I said though, it was a popular rumor that was going around here so I hardly blame you. There was a time when I was confused myself.

One of the craziest aspects of the whole deal was that Dennard was told several times to just go home, or at least leave the premises. Instead of listening to them, he decided to run up and punch another bar patron instead, which he was later not prosecuted for due to the kid stating that "he wasn't totally sure" that it was Dennard. When the cop in question (Ben Kopsa) reacted to Dennard for punching the bar patron, that's when Dennard then turned around and hit the cop too--so in essence he really hit 2 people.

It's possible that is where the rumor started that he hit an officer 'off-duty and out of uniform,' due to the fact that there were actually 2 victims.

 

[supafly]

look...all we should care about as Pats fans is...does he get time for violating probation? If he does, he should be cut and the team should move on immediately.

Just curious Joker, would you feel the same way if Dennard were given an extra 30 days or so that was to be served at the end of the season still?

We're just speaking hypothetically of course.

My concern is that the judge will take away his special provision that was requested by the defense to serve the 30 days after the season, and force him to do it sooner. If that were the case it'd likely be sometime during the season--although again, we'd only be really looking at about 2 weeks still.

Thoughts on either scenario? I'm actually hoping that they hold on to him no matter what, just due to the fact that it really shouldn't interfere too badly with the big picture of things. It's the uncertainty and bad press that really causes the distraction in my opinion.

 

[Joker]

no, I wouldn't. My feeling is that if he has done something that takes time away from his participation in camp and preseason, then the Pats are better off cutting bait. This is a distraction, upon the other distractions already surrounding the team, that they don't need. Every year we have the same polar arguments about group importance. To me, IF you have pressure up front, IF you can hit the QB and bring his eyes down, then you do not need superior play in the defensive backfield.If the Pats can't do this, like they couldn't versus the Ravens last January, then five hundred Dennards won't make a difference. Just my opinion though...

 

[supafly]

My feeling is that if he has done something that takes time away from his participation in camp and preseason, then the Pats are better off cutting bait. This is a distraction, upon the other distractions already surrounding the team, that they don't need.

Belichick may very well agree with you. Only time will tell.

It's a strange situation, especially the circumstance of 2 scenarios within a short amount of time if you include the April trial--along with the obvious attention drawn from the Hernandez situation.

My only fear is that it may not end up being too big of a deal in the big picture, and it is nice to have a capable starting CB under a cheap rookie deal for the immediate future.

 

[Joker]

My only fear is that it may not end up being too big of a deal in the big picture, and it is nice to have a capable starting CB under a cheap rookie deal for the immediate future.

look, I don't have to be redundant in agreeing 100%...it makes all the sense in the world. The thing is, if MY patience as a fan, is reaching the break point, how in blazes do THEY feel inside the Razor? You mean to tell me that Dennard NEEDS to be told to keep his nose clean given the past months events? If THIS is what to expect from this guy going forward...find somebody else who ISN'T brain broken. It's like Irving Fryar years back...one thing after another...a big game tomorrow???...ooops, sliced my hand in half....jeezus k.... one soap opera drama after another. Great talent...10 cents worth of brain cells...

 

[DarrylS]

Is the Patriots lack of reaction to this incident an indicator that there is more to this picture than meets the eye???

Cannot imagine they would prolong the agony, with so much hanging over his head...

 

[Nunchucks]

My only fear is that it may not end up being too big of a deal in the big picture, and it is nice to have a capable starting CB under a cheap rookie deal for the immediate future.

look, I don't have to be redundant in agreeing 100%...it makes all the sense in the world. The thing is, if MY patience as a fan, is reaching the break point, how in blazes do THEY feel inside the Razor? You mean to tell me that Dennard NEEDS to be told to keep his nose clean given the past months events? If THIS is what to expect from this guy going forward...find somebody else who ISN'T brain broken. It's like Irving Fryar years back...one thing after another...a big game tomorrow???...ooops, sliced my hand in half....jeezus k.... one soap opera drama after another. Great talent...10 cents worth of brain cells...

What'cha gonna do? Quit being a fan? No, it doesn't matter what the team does, fanatics root for the team...that's what we do.

 

[Kontradiction]

Is the Patriots lack of reaction to this incident an indicator that there is more to this picture than meets the eye???

Cannot imagine they would prolong the agony, with so much hanging over his head...

No, it shows that they aren't reactionary idiots and treated Dennard's case without a thought to the Hernandez situation.

 

[Oswlek]

No, it shows that they aren't reactionary idiots and treated Dennard's case without a thought to the Hernandez situation.

No, it just shows that they don't have all the answers yet, or they have them and feel OK about keeping Dennard around.

Considering the impact to the brand and how much that means to Kraft, you can be sure that they discussed the entire picture - including Hernandez - before making any decisions.