Donte Stallworth may avoid DUI manslaughter charges and punishment

May 22, 12:35 PMSports ExaminerPaula Duffy

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Jason Cole of Yahoo! Sports reported yesterday that his sources in the NFL told him that a defense is being prepared which might allow the Cleveland running back to escape the felony DUI manslaughter charges and severe punishment under the law.

Because Florida law provides for fault on the part of a victim to be taken into account in determining the ultimate guilt of the party charged with this particular crime, Stallworth might have facts on his side to ameliorate the situation. His arraignment at which he would plead to charges was put off until next month without objection on the part of local prosecutors.

The pedestrian who was killed by Stallworth in March was jaywalking across a busy causeway and was not in a cross-walk.

At the time of the accident, Stallworth was determined to be driving while intoxicated, with a blood alcohol level well above the Florida state limit and exceeding the posted speed limit. He ultimately surrendered to policy in connection with a charge of felony DUI manslaughter.

If a defense can be mounted to clearly demonstrate the pedestrian contributed to the accident, the charges could be reduced to as little as misdemeanor DUI, without a manslaughter component. If so then Stallworth won't face the possibility of up to 15 years in prison. He might receive a sentence of only a few months and agree to a cash settlement with the victim's family.

That leaves him on target to return to the Browns this season after Commissioner Goodell decides whether to hand down a league suspension.

For more info:  What if being drunk wasn't relevant in Stallworth case?

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