I've got a bad feeling he's gonna walk....
And how is he only charged with possession of a weapon, and not discharging a weapon?
June 15, 2009, 9:57 am
Burress Gun Case Adjourned Until September
By John Eligon
Plaxico BurressBarton Silverman/The New York Times Plaxico Burress shot himself in the thigh with an unlicensed gun in a Manhattan nightclub on Nov. 29. He was charged with criminal possession of a weapon.
Updated, 1:37 p.m. | The weapons-possession case against the former New York Giants wide receiver Plaxico Burress was adjourned on Monday until Sept. 23.
Prosecutors and Mr. Burress’s defense lawyers have not been able to reach a plea agreement, making it likely that the case will be presented to a grand jury sometime between now and September, Mr. Burress’s chief defense lawyer said.
Mr. Burress, 31, shot himself in the thigh with an unlicensed gun on Nov. 29 while in a Manhattan nightclub. He was charged with criminal possession of a weapon and faces a minimum of 3½ years in prison if convicted.
Mr. Burress, who made a brief appearance before Judge Felicia A. Mennin of Manhattan Criminal Court on Monday, has pleaded not guilty and is free on $100,000 bail.
Mr. Burress’s defense lawyer, Benjamin Brafman, said that plea negotiations with the district attorney’s office had broken down and that if Mr. Burress is indicted, he will plead not guilty and the case will go to trial. But that would likely not happen until next year, allowing Mr. Burress to be available to play in the National Football League this coming season, although he would have to sign a new team.
“Given the present posture of this case, I do not see any reason why he should not be able to play this entire season,” Mr. Brafman said. “No one was injured in this case. The gun was lawfully registered. There’s no victim in this case besides Plaxico Burress.”
The gun was registered in Florida, but not in New York, which does not recognize out-of-state gun permits.
Mr. Burress caught the game-winning touchdown for the Giants in Super Bowl XLII last year. After the shooting, the team suspended him, and then released him on April 3.
An assistant district attorney, John P. Wolfstaetter, is leading the prosecution of the case.