Ex-Giant Plaxico Burress Indicted On Weapons Charges
Posted on Monday, 3 of August , 2009 at 3:24 pm
MANHATTAN—Former New York Giants receiver Plaxico Burress has been indicted on charges of possession of a loaded pistol and reckless endangerment in connection with an incident in which he shot himself in the leg at a Manhattan nightclub.
Burress, 31, was indicted on two counts of second degree criminal possession of a weapon, a class C violent felony, and one count of second degree reckless endangerment, a class A misdemeanor.
The Grand Jury voted no true bill against Antonio Pierce.
The investigation leading to Monday’s indictment revealed that in the early morning hours of Nov. 29, 2008, the defendant shot himself in the leg with a .40 caliber Glock semi-automatic pistol inside the nightclub LQ New York, located at 511 Lexington Ave.
At the time the defendant shot himself, he was not licensed to carry or possess that pistol in either New York or New Jersey, where he had a home. His license to carry a concealed weapon in the state of Florida had expired in May of 2008. Even if that license had not expired, the states of New York and New Jersey do not recognize out-of-state concealed weapon carry licenses.
The investigation further revealed that when Burress, Antonio Pierce, and several companions entered the nightclub at approximately 1:30 a.m., LQ New York security discovered the pistol on Burress’ person. Burress was carrying the pistol in the waistband of his jeans, with bullets in the magazine, a round in the chamber and no holster. BURRESS was allowed to enter, and once inside, he proceeded to an upper V.I.P. area, where 20-30 employees and customers were gathered. A short while later, Burress accidentally shot himself in the leg. His pistol then fell out of the leg of his jeans, onto the floor. The bullet traveled through his leg, exited, and narrowly missed a security agent.
Burress, Antonio Pierce, and a third person proceeded to Pierce’s vehicle, which was parked approximately one block away. A security agent from LQ New York, who had retrieved the pistol at the defendant’s request, accompanied them to the car and placed the pistol and loaded magazine inside the glove box. Burress was dropped off at the emergency room of New York-Presbyterian Hospital, where he was treated, and Pierce transported the pistol and magazine back to his home in New Jersey.
The following day, Pierce arranged for it to be returned to Burress. The police subsequently recovered the gun and an empty magazine from Burress’ home.
The New York County Grand Jury heard from 22witnesses, including Burress and Pierce, and considered 16 exhibits.
Since the 2006 revision of New York State’s gun laws, each of the weapons possession counts carries a mandatory minimum sentence of 3 1/2 years in state prison, and a maximum sentence of 15 years in state prison. On the facts of this case, the law would require that the sentences on those two charges be imposed concurrently, prosecutors said. The charge of reckless endangerment carries a maximum sentence of 1 year in jail.
Burress will be arraigned in State Supreme Court, Part 1. No date is scheduled for the arraignment. 8-3-09
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Category: Courts, Crime, Sports
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