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  1. #11
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "Marrdro" wrote:
    "Overlord" wrote:
    Looks like today was just a brief scheduling conference.
    I think it's bad news for McKinnie that he hasn't been able to reach a plea deal yet.
    These charges are much more serious than a possible four game suspension like most people seem to be speculating, and if the witnesses are cooperating with the prosecutors it's going to be hard for him to win his case.
    Here's a brief rundown of what he's facing with the aggravated battery charges:

    There is no question that if he was in a fight, then he committed a battery (battery statute).
    If a battery is committed with a deadly weapon, then it is an aggravated battery (aggrevated battery statute).
    A weapon is a 'deadly weapon' if it is used in a way that is likely to cause serious bodily harm (slip opinion - dog is a deadly weapon), which almost certainly would include using a pole as a club.

    Since the evidence appears to be overwhelming that McKinnie actually did commit an aggrevated battery, his only realistic way out is if his use of force was justified.
    If McKinnie was defending himself, then he is justified in using force to the extent that he reasonably believed it was necessary to defend himself (self-defense statute).
    That means that even if he was justified in punching the other guy, he was not necessarily but might have been justified in using the pole.
    However, even if McKinnie was defending himself, if he is found to have started the fight then he would not be able to claim self-defense (agressor statute).
    Because McKinnie returned to the club hours after being asked to leave with police present, it will likely be very difficult for him to convince a jury that the bouncer started the fight.


    If McKinnie is found guilty of aggrevated battery, he could face up to 15 years imprisonment (general penalties).
    New offenders in Florida average between 3-4 years of prison time for crimes such as aggravated assault and battery (Florida Dept. of Corrections report).
    The other charges, such as resisting arrest, do not appear to be as big of a deal in terms of probable and potential jail time.
    What a great post my friend.
    I knew this was serious but I was only looking at it from a NFL/suspension standpoint.

    I am sure his lawyer must be advising him to settle out of court wouldn't ya think?
    These are criminal charges - there's no "Out-of-court" anything at this point.
    I think you mean "plea bargain" with the DA.

    Of course, he's not "guilty", right?
    So no "true fan" would advise him to plea, right?

    =Z=

    Thanks to Josdin for the awesome sig!

  2. #12
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    I'm not even gonna go there Jupiter. This is a different thread so stay on topic please.


  3. #13
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "kevoncox" wrote:
    I'm not even gonna go there Jupiter. This is a different thread so stay on topic please.


    =Z=

    Thanks to Josdin for the awesome sig!

  4. #14
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    Re: June trial date set for Vikings' McKinnie in Miami brawl



  5. #15
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "Marrdro" wrote:
    "Overlord" wrote:
    Looks like today was just a brief scheduling conference.
    I think it's bad news for McKinnie that he hasn't been able to reach a plea deal yet.
    These charges are much more serious than a possible four game suspension like most people seem to be speculating, and if the witnesses are cooperating with the prosecutors it's going to be hard for him to win his case.
    Here's a brief rundown of what he's facing with the aggravated battery charges:

    There is no question that if he was in a fight, then he committed a battery (battery statute).
    If a battery is committed with a deadly weapon, then it is an aggravated battery (aggrevated battery statute).
    A weapon is a 'deadly weapon' if it is used in a way that is likely to cause serious bodily harm (slip opinion - dog is a deadly weapon), which almost certainly would include using a pole as a club.

    Since the evidence appears to be overwhelming that McKinnie actually did commit an aggrevated battery, his only realistic way out is if his use of force was justified.
    If McKinnie was defending himself, then he is justified in using force to the extent that he reasonably believed it was necessary to defend himself (self-defense statute).
    That means that even if he was justified in punching the other guy, he was not necessarily but might have been justified in using the pole.
    However, even if McKinnie was defending himself, if he is found to have started the fight then he would not be able to claim self-defense (agressor statute).
    Because McKinnie returned to the club hours after being asked to leave with police present, it will likely be very difficult for him to convince a jury that the bouncer started the fight.


    If McKinnie is found guilty of aggrevated battery, he could face up to 15 years imprisonment (general penalties).
    New offenders in Florida average between 3-4 years of prison time for crimes such as aggravated assault and battery (Florida Dept. of Corrections report).
    The other charges, such as resisting arrest, do not appear to be as big of a deal in terms of probable and potential jail time.
    What a great post my friend.
    I knew this was serious but I was only looking at it from a NFL/suspension standpoint.

    I am sure his lawyer must be advising him to settle out of court wouldn't ya think?
    It depends on what kind of deal they can get.
    If the prosecutor thinks the state has a strong case, he or she might not be willing to drop the felony battery charges right now.
    If the current offer is reduced jail time, then maybe McKinnie is better off holding out, figuring that the state hasn't made their best offer.
    A good resolution for McKinnie, in my opinion and based upon what I've heard, would be a plea deal to a misdemeanor battery charge with any jail time stayed.

    Even if McKinnie and his lawyers were satisfied with any plea deal being offered, it might be in his best interest to wait until after the draft to agree to anything.
    Basically, with McKinnie's status up in the air, the Vikings aren't sure what their need is at OT going into the draft.
    If they don't draft an OT in the first two rounds because of that question, then McKinnie's chances of staying on the team after a guilty plea would increase.
    That would mean his chances of keeping all of his signing bonus and current salary would also improve.
    When the age of the Vikings came to a close, they must have sensed it. Probably, they gathered together one evening, slapped each other on the back and said, "Hey, good job." - Jack Handey [Deep Thoughts]

  6. #16
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "Overlord" wrote:
    "Marrdro" wrote:
    "Overlord" wrote:
    Looks like today was just a brief scheduling conference.
    I think it's bad news for McKinnie that he hasn't been able to reach a plea deal yet.
    These charges are much more serious than a possible four game suspension like most people seem to be speculating, and if the witnesses are cooperating with the prosecutors it's going to be hard for him to win his case.
    Here's a brief rundown of what he's facing with the aggravated battery charges:

    There is no question that if he was in a fight, then he committed a battery (battery statute).
    If a battery is committed with a deadly weapon, then it is an aggravated battery (aggrevated battery statute).
    A weapon is a 'deadly weapon' if it is used in a way that is likely to cause serious bodily harm (slip opinion - dog is a deadly weapon), which almost certainly would include using a pole as a club.

    Since the evidence appears to be overwhelming that McKinnie actually did commit an aggrevated battery, his only realistic way out is if his use of force was justified.
    If McKinnie was defending himself, then he is justified in using force to the extent that he reasonably believed it was necessary to defend himself (self-defense statute).
    That means that even if he was justified in punching the other guy, he was not necessarily but might have been justified in using the pole.
    However, even if McKinnie was defending himself, if he is found to have started the fight then he would not be able to claim self-defense (agressor statute).
    Because McKinnie returned to the club hours after being asked to leave with police present, it will likely be very difficult for him to convince a jury that the bouncer started the fight.


    If McKinnie is found guilty of aggrevated battery, he could face up to 15 years imprisonment (general penalties).
    New offenders in Florida average between 3-4 years of prison time for crimes such as aggravated assault and battery (Florida Dept. of Corrections report).
    The other charges, such as resisting arrest, do not appear to be as big of a deal in terms of probable and potential jail time.
    What a great post my friend.
    I knew this was serious but I was only looking at it from a NFL/suspension standpoint.

    I am sure his lawyer must be advising him to settle out of court wouldn't ya think?
    It depends on what kind of deal they can get.
    If the prosecutor thinks the state has a strong case, he or she might not be willing to drop the felony battery charges right now.
    If the current offer is reduced jail time, then maybe McKinnie is better off holding out, figuring that the state hasn't made their best offer.
    A good resolution for McKinnie, in my opinion and based upon what I've heard, would be a plea deal to a misdemeanor battery charge with any jail time stayed.

    Even if McKinnie and his lawyers were satisfied with any plea deal being offered, it might be in his best interest to wait until after the draft to agree to anything.
    Basically, with McKinnie's status up in the air, the Vikings aren't sure what their need is at OT going into the draft.
    If they don't draft an OT in the first two rounds because of that question, then McKinnie's chances of staying on the team after a guilty plea would increase.
    That would mean his chances of keeping all of his signing bonus and current salary would also improve.
    That is exactly what I was thinking.
    I strongly feel that we should go OT in round 1 or 2 in the event that McKinnie pleads or is found guilty.
    If he is found innocent, then at worst we have some solid depth at the position.
    Zeus wrote:
    When are you going to realize that picking out the 20 bad throws this year and ignoring the 300 good ones does not make your point?

    =Z=

  7. #17
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "Overlord" wrote:
    Looks like today was just a brief scheduling conference.
    I think it's bad news for McKinnie that he hasn't been able to reach a plea deal yet.
    These charges are much more serious than a possible four game suspension like most people seem to be speculating, and if the witnesses are cooperating with the prosecutors it's going to be hard for him to win his case.
    Here's a brief rundown of what he's facing with the aggravated battery charges:

    There is no question that if he was in a fight, then he committed a battery (battery statute).
    If a battery is committed with a deadly weapon, then it is an aggravated battery (aggrevated battery statute).
    A weapon is a 'deadly weapon' if it is used in a way that is likely to cause serious bodily harm (slip opinion - dog is a deadly weapon), which almost certainly would include using a pole as a club.

    Since the evidence appears to be overwhelming that McKinnie actually did commit an aggrevated battery, his only realistic way out is if his use of force was justified.
    If McKinnie was defending himself, then he is justified in using force to the extent that he reasonably believed it was necessary to defend himself (self-defense statute).
    That means that even if he was justified in punching the other guy, he was not necessarily but might have been justified in using the pole.
    However, even if McKinnie was defending himself, if he is found to have started the fight then he would not be able to claim self-defense (agressor statute).
    Because McKinnie returned to the club hours after being asked to leave with police present, it will likely be very difficult for him to convince a jury that the bouncer started the fight.


    If McKinnie is found guilty of aggrevated battery, he could face up to 15 years imprisonment (general penalties).
    New offenders in Florida average between 3-4 years of prison time for crimes such as aggravated assault and battery (Florida Dept. of Corrections report).
    The other charges, such as resisting arrest, do not appear to be as big of a deal in terms of probable and potential jail time.
    3 to 4 years in prison seems fair to me. A man of his size and strength could easily have killed somebody. My fear was that he would buy his way out of trouble, I don't think that is an option anymore though.I think the vikings needs to start planning on him not being on the field this season or ever again. If he does get out of this and makes a comeback that is just a bonus.

  8. #18
    VikingMike's Avatar
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "Overlord" wrote:
    "Marrdro" wrote:
    "Overlord" wrote:
    Looks like today was just a brief scheduling conference.
    I think it's bad news for McKinnie that he hasn't been able to reach a plea deal yet.
    These charges are much more serious than a possible four game suspension like most people seem to be speculating, and if the witnesses are cooperating with the prosecutors it's going to be hard for him to win his case.
    Here's a brief rundown of what he's facing with the aggravated battery charges:

    There is no question that if he was in a fight, then he committed a battery (battery statute).
    If a battery is committed with a deadly weapon, then it is an aggravated battery (aggrevated battery statute).
    A weapon is a 'deadly weapon' if it is used in a way that is likely to cause serious bodily harm (slip opinion - dog is a deadly weapon), which almost certainly would include using a pole as a club.

    Since the evidence appears to be overwhelming that McKinnie actually did commit an aggrevated battery, his only realistic way out is if his use of force was justified.
    If McKinnie was defending himself, then he is justified in using force to the extent that he reasonably believed it was necessary to defend himself (self-defense statute).
    That means that even if he was justified in punching the other guy, he was not necessarily but might have been justified in using the pole.
    However, even if McKinnie was defending himself, if he is found to have started the fight then he would not be able to claim self-defense (agressor statute).
    Because McKinnie returned to the club hours after being asked to leave with police present, it will likely be very difficult for him to convince a jury that the bouncer started the fight.


    If McKinnie is found guilty of aggrevated battery, he could face up to 15 years imprisonment (general penalties).
    New offenders in Florida average between 3-4 years of prison time for crimes such as aggravated assault and battery (Florida Dept. of Corrections report).
    The other charges, such as resisting arrest, do not appear to be as big of a deal in terms of probable and potential jail time.
    What a great post my friend.
    I knew this was serious but I was only looking at it from a NFL/suspension standpoint.

    I am sure his lawyer must be advising him to settle out of court wouldn't ya think?
    It depends on what kind of deal they can get.
    If the prosecutor thinks the state has a strong case, he or she might not be willing to drop the felony battery charges right now.
    If the current offer is reduced jail time, then maybe McKinnie is better off holding out, figuring that the state hasn't made their best offer.
    A good resolution for McKinnie, in my opinion and based upon what I've heard, would be a plea deal to a misdemeanor battery charge with any jail time stayed.

    Even if McKinnie and his lawyers were satisfied with any plea deal being offered, it might be in his best interest to wait until after the draft to agree to anything.
    Basically, with McKinnie's status up in the air, the Vikings aren't sure what their need is at OT going into the draft.
    If they don't draft an OT in the first two rounds because of that question, then McKinnie's chances of staying on the team after a guilty plea would increase.
    That would mean his chances of keeping all of his signing bonus and current salary would also improve.

    Good post Overlord...that's a scary proposition for McKinnie (and the Vikes).

    Whoever commits aggravated battery shall be guilty of a felony of the second degree
    Any man who afflicts the human race with ideas must be prepared to see them misunderstood. - H.L. Mencken

    Come from the land of the ice and snow...

  9. #19
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "kevoncox" wrote:
    http://sports.espn.go.com/nfl/news/story?id=3341554
    MIAMI -- A Miami judge has set a June 2 trial date for Minnesota Vikings player Bryant McKinnie on charges arising from a brawl outside a nightclub.

    The circuit judge set the case for trial at a brief hearing Friday. McKinnie's attorney and prosecutors said they have not reached any pleal deal.

    McKinnie, who did not appear in court, is charged with aggravated battery and several other offenses after a brawl outside downtown Miami's Club Space in February. The 6-foot-8, 335-pound offensive tackle has pleaded not guilty.

    McKinnie, 28, played college football at Miami (Fla.) and was drafted in the first round in 2002 by the Vikings. The Vikings have said they will wait until the legal issues are settled before deciding on any disciplinary actions.


    Interesting... Best wishes Mac. I hope everything works out for him and he learns from his mistakes and flies straight from now on.

    Not to mention what disciplinary actions will be taken by Goodell. Without a plea deal being accepted, he's swimming in extremely rough waters. Yeah, Marr, this shit really pisses me off too... >
    Any man who afflicts the human race with ideas must be prepared to see them misunderstood. - H.L. Mencken

    Come from the land of the ice and snow...

  10. #20
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "jmcdon00" wrote:
    "Overlord" wrote:
    Looks like today was just a brief scheduling conference.
    I think it's bad news for McKinnie that he hasn't been able to reach a plea deal yet.
    These charges are much more serious than a possible four game suspension like most people seem to be speculating, and if the witnesses are cooperating with the prosecutors it's going to be hard for him to win his case.
    Here's a brief rundown of what he's facing with the aggravated battery charges:

    There is no question that if he was in a fight, then he committed a battery (battery statute).
    If a battery is committed with a deadly weapon, then it is an aggravated battery (aggrevated battery statute).
    A weapon is a 'deadly weapon' if it is used in a way that is likely to cause serious bodily harm (slip opinion - dog is a deadly weapon), which almost certainly would include using a pole as a club.

    Since the evidence appears to be overwhelming that McKinnie actually did commit an aggrevated battery, his only realistic way out is if his use of force was justified.
    If McKinnie was defending himself, then he is justified in using force to the extent that he reasonably believed it was necessary to defend himself (self-defense statute).
    That means that even if he was justified in punching the other guy, he was not necessarily but might have been justified in using the pole.
    However, even if McKinnie was defending himself, if he is found to have started the fight then he would not be able to claim self-defense (agressor statute).
    Because McKinnie returned to the club hours after being asked to leave with police present, it will likely be very difficult for him to convince a jury that the bouncer started the fight.


    If McKinnie is found guilty of aggrevated battery, he could face up to 15 years imprisonment (general penalties).
    New offenders in Florida average between 3-4 years of prison time for crimes such as aggravated assault and battery (Florida Dept. of Corrections report).
    The other charges, such as resisting arrest, do not appear to be as big of a deal in terms of probable and potential jail time.
    3 to 4 years in prison seems fair to me. A man of his size and strength could easily have killed somebody. My fear was that he would buy his way out of trouble, I don't think that is an option anymore though.I think the vikings needs to start planning on him not being on the field this season or ever again. If he does get out of this and makes a comeback that is just a bonus.
    cosigned.

    The sooner the Vikings move on the better, I don't care if he is guilty or not in this case, trouble seems to be always close by.
    "There is good and there is evil. And evil must be punished. Even in the face of Armageddon I will not compromise."

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