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Plax charged on 2 felony charges


RandolphScott

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New York Giants star receiver Plaxico Burress was charged with two felony counts of criminal possession of a weapon in the second degree Monday and released on a $100,000 bond.

 

Burress, who accidentally shot himself Friday night in the right thigh at a Manhattan nightclub, did not enter a plea on the class C felony charges, though his attorney said Burress planned to plead not guilty.

Manhattan Criminal Court Judge Felicia Mennin ordered Burress to return March 31.

 

Defense lawyer Benjamin Brafman argued for no bail, saying: "He has 35 million reasons to come back to court" -- referring to Burress' $35 million contract with the Giants.

 

Prosecutors also released a criminal complaint that provides a witness account from the club where Burress shot himself, the Latin Quarter.

 

A witness heard a popping sound before Burress' legs began to shake. It says the person saw a bloody pistol fall out of his pant leg and land on the floor.

 

A grand jury will hear evidence and make a decision on whether Burress will be indicted. Illegal possession of a firearm carries a sentence of 3½ to 15 years in jail.

 

Police escorted Burress out of a midtown Manhattan police station in handcuffs earlier Monday, placing him in a car in which he was taken downtown for booking and his court appearance.

 

Burress arrived to the 17th Precinct station shortly after 8 a.m. ET in a black Cadillac Escalade wearing jeans and a black coat.

 

Burress timeline

 

• Oct. 5: Suspended for game against the Seahawks and fined $117.5K after missing a team meeting for "family issues," which he said included having to pick his son up from school.

 

• Oct. 24: Fined total of $45K for three violations and penalties in a game vs. the 49ers, including verbally abusing an official during the game, "inappropriate" comments about officiating after the game and $5K for throwing a football into the stands.

 

• Oct. 26: Held out of the first quarter of a 21-14 victory in Pittsburgh after missing treatments for a neck injury.

 

• Friday: Suffered accidental, self-inflicted gunshot wound at a Manhattan nightclub.

 

• Monday: Charged in Manhattan court on two counts of felony possession of a weapon in the second degree.

 

Burress was silent but held his head high as he was led out of the police station, where a crowd that included Giants fans hovered nearby with cell phone cameras. He was not visibly limping.

 

Burress had a concealed-weapon permit issued to him in Florida, but records show it expired in May and New York does not recognize out-of-state permits anyway, New York media have reported.

 

"He is standing tall. He is a mature adult," Brafman said. "I think any professional athlete in this situation would be concerned."

 

The episode set off a frenzy that showed no signs of letting up Monday: Police said the case could expand beyond Burress, with authorities investigating Giants linebacker Antonio Pierce and whether the hospital Burress checked into failed to report the shooting. The NFL is closely monitoring the developments as well.

 

According to the New York Post, the hospital, the New York-Presbyterian Hospital/Weill Cornell Medical Center, failed to report the gunshot as required by law after hospital personnel recognized Burress, despite his checking in under a fake name -- Harris Smith.

 

He also told the hospital he'd been shot at an Applebee's restaurant, the Post reported, citing unnamed sources.

 

A more detailed timeline of the evening also emerged. Police said Pierce, Burress and Giants running back Derrick Ward arrived at the club with two other people around 11:30 p.m. Friday.

 

Burress had been allowed to bypass security, even though they knew he was armed, according to a law enforcement official who spoke with The Associated Press on condition of anonymity. The club is said to be fully cooperating in the investigation.

 

Around 12:05 a.m., as Burress was being escorted to a VIP area with a drink in one hand, he somehow ended up fumbling his gun and it discharged, hitting his thigh. Pierce was with him when that occurred, police said.

 

It's believed Pierce took Burress to the car and then left with him, according to police. The .40-caliber Glock was found in the glove compartment of Pierce's Cadillac Escalade, but it's unclear who put the weapon there.

 

Police are trying to figure out what happened in the two hours that followed. Burress showed up at the hospital around 2:20 a.m, and was discharged at 1 p.m. Saturday.

 

Police said they had to track Burress down by canvassing local hospitals, and he had been discharged from New York-Presbyterian by the time detectives got there Saturday. An administrator then refused to give detectives information, citing privacy rules, police said.

 

 

Jack Ford talked to Mike Greenberg and Mike Golic about what Plaxico Burress is facing from a legal standpoint. Podcast

 

Mike Ditka says Burress doesn't realize that it's a privilege to play in the NFL and clearly his priorities are not in order. Podcast

 

Cris Carter says Burress might be disappointed to know there aren't too many high paying jobs in the classified ads, and adds that the Giants are sending a strong message to Burress with their play on the field. Podcast

The gun was eventually recovered at Burress' house in New Jersey, authorities said.

 

Pierce was interviewed by NFL security at the Giants' hotel Saturday in Washington, Giants general manager Jerry Reese said.

 

The New York Daily News has reported that Pierce tried to hide Burress' gun.

 

"Antonio is working on trying to beat the Redskins right now," Reese said before Sunday's 23-7 victory at Washington. "That's where his focus is and where it should be right now."

 

Pierce deflected several questions after the game. He wouldn't say whether he has a lawyer and when asked if he is concerned about his own situation, Pierce replied only: "No. I'm fine where I'm at.

 

"I am not answering any questions about the incident that happened Friday night. If you have anything to say about the Washington Redskins, this game and moving forward, I'll answer it. Anything else, I'm not answering."

 

Ward said he wasn't with Burress on Friday night, and learned of the shooting on Saturday along with other teammates. He said the last time he saw Burress was "that afternoon [Friday], right after practice."

 

Asked if he would say where he was Friday night, Ward said: "It doesn't really matter where I was. It just matters that I wasn't with them."

 

The case drew the wrath of Mayor Michael Bloomberg, who has waged a long fight against illegal guns during his time in office. He called for a full prosecution of state law that requires mandatory prison for carrying a loaded handgun.

 

"I don't think anybody should be exempt from that, and I think it would be an outrage if we didn't prosecute to the fullest extent of the law, particularly people who live in the public domain, make their living because of their visibility -- they're the role models for our kids," Bloomberg said.

 

He also lashed out at the hospital, based on the allegation that officials may not have properly reported the shooting.

 

"It's just an outrage that the hospital didn't do what they were legally required to do. It's a misdemeanor, it's a chargeable offense, and I think the district attorney should certainly go after the management of this hospital. The lame excuse that they didn't know -- this is a world-class hospital," he said.

 

A call to the hospital seeking comment was not immediately returned.

 

Brafman refused to respond to media reports about an alleged coverup, other than to say: "I think a lot of what's been in the press is not accurate."

 

Brafman said Burress is feeling OK.

 

"If they let him play, he will be able to play," Brafman said. "I think he will be a superstar for the rest of his career."

 

"My hope is that it plays out well and he can continue his career, because he's a good person I think, with a brilliant athletic career. And it would be a terrible sadness if an isolated incident could ruin a life," Brafman said.

 

The NFL is monitoring the case.

 

"This is a law enforcement matter and we are continuing to cooperate fully with the police," league spokesman Greg Aiello said in a statement. "In addition, it will be reviewed under our league policies."

 

Brafman met with Burress for about an hour Sunday at the player's home in New Jersey.

 

"I would ask that his fans, the Giants and the media withhold judgment in this matter until all of the facts have been disclosed," Brafman said in an earlier e-mail to the AP.

 

Giants running back Brandon Jacobs said he spoke to Burress on the phone after Sunday's game.

 

"I called him and made a few jokes about the situation and his laugh is what I wanted to hear," Jacobs said, according to Newsday. "If he didn't laugh I knew he was going to be down, which he shouldn't be down. It's a mistake that happened, something that shouldn't have happened and that's that."

 

Before the shooting, Burress already had been ruled out of the game because of a leg injury.

 

Giants coach Tom Coughlin said he spoke to his players about Burress' situation but wouldn't get into specifics.

 

"We all are upset about what happened with Plaxico, and hopefully he's going to be fine and so on and so forth. That's our first concern," Coughlin said. "Once that was taken care of, we knew that he was OK, then the guys got right back to focusing on the reason we were here."

 

Coughlin wouldn't address Burress' future with the Giants, saying only, "Questions of that nature will be discussed going forward, I'm sure."

 

The team is considering placing Burress on the non-football injury reserved list, which would make him ineligible for the remainder of the season, sources told Mortensen. It also would allow the Giants to recover some money already paid to Burress.

 

Additionally, a source told Mortensen that Burress has as much as $4.5 million tied to play-time incentives and active-roster status.

 

Burress caught the go-ahead touchdown pass in the Giants' Super Bowl victory against the New England Patriots in February, following a regular season in which he scored a career-high 12 TDs. He was rewarded with a $35 million, five-year contract, only hours before the current season.

 

Burress has 35 catches for 454 yards and four touchdowns while constantly drawing double coverage this season.

 

"I don't think people understand how good of a person he really is," fellow receiver Amani Toomer said after catching a 40-yard touchdown pass in the Giants' victory Sunday. "A good heart. I think he's a good guy."

 

Information from ESPN's Rachel Nichols and The Associated Press was used in this report.

 

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Jon Stewart had a field day with this.

 

Supposedly, Plax was wearing 'sweat pants' and had the gun tucked into the waistband. He got up for a drink or something and it slipped inside his pants leg. He grabbed at it from the outside and accidentally squeezed the trigger.

 

If that's true, he's so much more ignorant than I ever imagined. And this guy has a kid at home.

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Jon Stewart had a field day with this.

 

Supposedly, Plax was wearing 'sweat pants' and had the gun tucked into the waistband. He got up for a drink or something and it slipped inside his pants leg. He grabbed at it from the outside and accidentally squeezed the trigger.

 

If that's true, he's so much more ignorant than I ever imagined. And this guy has a kid at home.

 

Who the fuck wears sweatpants to a club? "I'm going out tonight, better wear the GOOD sweatpants tonight."

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