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Josh Edwards
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Josh Edwards
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Warmother51
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Josh Edwards
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mrbaseball2004 said...
Assault just means you put someone in fear of a battery... i.e. he showed the gun to scare someone that he was going to shoot them. It is aggravated because of the presence of a firearm. The title sounds a lot worse than it actually is. I don't mean to insinuate that its not serious crime/tort or to suggest he won't face any punishment, but typically speaking it is not severe. That being said, the punishment handed down by Goodell will likely be the big consequence for Dumervil. Being a Saints fan, I would expect it to be fairly harsh.
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BlueGhost said...
"According to the police report, the parties got into a verbal argument that included horn-blowing and name-calling. At some point during the argument, the accusers in the Impala say, Aguste exited the Mercedes and approached them. Aguste allegedly verbally threatened the riders in the Impala and then lifted up his shirt to reveal a firearm in his waistband, police said.
The accusers also say in the report that Dumervil, a Miami native, walked up to the Impala and lifted his shirt to display a firearm, but never said anything.
After Dumervil and Aguste displayed the firearms, the driver of the Impala quickly accelerated in an attempt to get away, the report stated."
This sounds pretty serious to me.
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Josh Edwards
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BlueGhost said...
I'm not an attorney. I have no idea what will happen to him. But I, as a lay person, feel that flashing a gun at a traffic light at the very minimum needs revocation of a concealed carry license and a significant probation. You sound more educated on the matter than I, so I'll assume that you are correct.
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Warmother51
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mrbaseball2004 said...
I don't practice criminal law, so there may be someone on here who can shed more light on the situation. And to be sure, it's criminal behavior, meaning society has deemed it intolerable. That in and of itself makes it "serious." My point was just that, in comparison to Plaxico, the weapon was never discharged, so in that context, there was less harm possible.
We also don't know all of the facts... his past record, whether he was provoked, whether he has a license for the firearm, or to conceal it. Those are all things to take into account, and he may have broken other laws than aggravated assault, which would play a role in any sentence he might receive. But, just for context: in Louisiana, where I practice, aggravated assault's maximum penalty (standing alone for a first time offender) is 6 months in jail and/or a fine, the amount of which I'm not sure of.
I would suspect that at a minimum, he will have to pay a fine/perform community service and lose his license (if he had won) to carry a weapon. Which, in my opinion, in a criminal context is not that bad... that's why I think the punishment he gets from Goodell will be far more severe. And rightfully so, that conduct would get you fired from a lot of companies.








OT: Ex-Louisville player could be in big trouble