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  1. #21
    Schutz's Avatar
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "happy" wrote:
    "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.
    Yes who cares about guilt or innocence.
    Heck I think we should just give him jail time even if they find him not guilty, trouble seems to follow him so the courts should just take him off the streets for everybody's safety.

  2. #22
    happy camper's Avatar
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "Schutz" wrote:
    "happy" wrote:
    "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.
    Yes who cares about guilt or innocence.
    Heck I think we should just give him jail time even if they find him not guilty, trouble seems to follow him so the courts should just take him off the streets for everybody's safety.
    Did I say anything about jail? Or even punishment? Applying your own logic to what I said is just.. dumb.

    All I said was the sooner the Vikings move on the better. Meaning, we should look for some talent in case he is not with us longer.

    "There is good and there is evil. And evil must be punished. Even in the face of Armageddon I will not compromise."

  3. #23
    Chazz is offline Coordinator
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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.


    This is the most likely senerio. As far as holding out...I don't know that that is in his best interest. If he ends up going to trial I would expect him to get over 1 year in jail. He needs to take the deal that his lawyer thinks is the best he will be offered.

  4. #24
    Marrdro'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.
    I thought our resident lawyer would step up and explain this,however, he let me down.
    Thanks for a quality post.

    I believe this almost gaurantees Langford will be a Viking next year as Spielman will almost have to go OT in the 1rst and get our LDE in a later round.

    Bettter value.
    Many many thanks to my talented friend Jos for the new Sig.http://img.photobucket.com/albums/v343/josdin00/Vikings/Marrdro_sig.jpg

  5. #25
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    [size=13pt]Trial date set for Vikings' McKinnie[/size]

    By KEVIN SEIFERT, Star Tribune

    Last update: April 11, 2008 - 8:46 PM



    Regardless of the trial's outcome, the NFL could subject McKinnie to a fine or suspension or both because he is a repeat offender of its personal conduct policy.....

    The Vikings are monitoring McKinnie's status with the league. Coach Brad Childress said last month that the team might face some difficult decisions on McKinnie's future....

    "If at first you don't succeed, parachuting is not for you"

  6. #26
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    It's my understanding that the felony charge will almost positively be dropped to a misdemeanor charge based on the fact that the guy who got hit didn't even have to go to the hospital. Seriously, if a guy like Mount actually hits you over the head with a metal pole... you're about as good as dead, or a vegetable at best. So the whole felony battery doesn't really even apply.

    I sure would like to know what exactly he did with the pole. I'm starting to think he might've just thrown it at the guy.
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  7. #27
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "nikoli" wrote:
    It's my understanding that the felony charge will almost positively be dropped to a misdemeanor charge based on the fact that the guy who got hit didn't even have to go to the hospital. Seriously, if a guy like Mount actually hits you over the head with a metal pole... you're about as good as dead, or a vegetable at best. So the whole felony battery doesn't really even apply.

    I sure would like to know what exactly he did with the pole. I'm starting to think he might've just thrown it at the guy.
    Does it matter how hard he hit him with the pole before it's considered a felony? The fact that he used a pole with intent to inflict bodily harm is what makes it a felony, isn't it?

    "If at first you don't succeed, parachuting is not for you"

  8. #28
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    What a pussy. Guys 6'8" 350lbs and he needs a deadly weapon? Not only does it make it a felony but it also makes him the biggest pussy ever.

  9. #29
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    My guess is he will plea guilty to a misdemeanor and not serve any time but may get some sort of probation or conditions attached to it. Then the league will sit him for a few games and let him think about it. The FO will unload him as soon as they can line up a replacement.

  10. #30
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    Re: June trial date set for Vikings' McKinnie in Miami brawl

    "jmcdon00" wrote:
    What a pussy. Guys 6'8" 350lbs and he needs a deadly weapon? Not only does it make it a felony but it also makes him the biggest pussy ever.
    I don't know exactly how tall or big the bouncer was, but rest assured, most bouncers aren't your Pee Wee Herman or Mr. Bean types.

    I'm guessing he was still quite the match for McKinnie.

    "If at first you don't succeed, parachuting is not for you"

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