Vick and Stallworth cases ‘apples and oranges’, expert says

The question — repeated countless times on Twitter, sportstalk radio and across the Internet the last 24 hours — goes like this:

How can Donte’ Stallworth get 30 days while Michael Vick got 23 months?

Stallworth, the Cleveland Browns wide receiver, pleaded guilty Tuesday to DUI manslaughter for killing pedestrian Mario Reyes while driving drunk in his black 2005 Bentley in Miami. Stallworth also reached a confidential financial settlement with the family of the 59-year-old construction worker.

Vick served 19 months in federal prison for bankrolling a dogfighting operation, and is under home confinement until July 20. The Falcons released their former superstar quarterback last week.

The disparity is sparking comments along the lines of, “It’s better to kill people than dogs,” as a BleacherReport.com columnist put it.

Callers and emailers to 680 The Fan’s Chuck & Chernoff show have expressed disbelief.

“Their reaction is almost like, ‘This has got to be made up,” co-host Chuck Oliver said. “How do you kill someone, write a check and do 24 days in lockup? How the heck does that happen?” (Stallworth got one day’s credit while being arrested and booked, and the state eliminates five days for good behavior).

Even the lawyer for Plaxico Burress is raising the Stallworth sentence. He’s urging leniency for his own wide-receiver client, who’s facing 3 1/2 to 15 years in prison for accidentally shooting himself in the leg in a nightclub.

“To suggest that in Plaxico’s case he should get a two-year sentence, when in a case where someone ends up dead they OK a 30-day sentence, there just seems to be a real disparity there,” attorney Benjamin Brafman said on Sirius NFL Radio’s Late Hits.

But those outraged over Stallworth’s sentence are overlooking several factors, legal experts say.

For starters, the case wasn’t a slam-dunk for the prosecution; the victim was not in a crosswalk when he was hit.

“Stallworth actually had a defense, that it may not have been his actions alone that caused the death,” said Atlanta defense attorney Steve Sadow, who represented T.I. during the rapper’s recent gun-buying case. “I’m certain the settlement was substantial to take care of the needs of the family, and that might not have been forthcoming if the criminal case had been pursued and lost.”

Prosecutors said the victim’s family, particularly his 15-year-old daughter, wanted to avoid any more pain.

They noted Stallworth stopped immediately after the crash, called police and told officers he hit Reyes.

“Michael Vick’s situation was entirely different,” Sadow said. “He didn’t attempt to resolve the matter early on, he took a position that essentially, he didn’t have anything to do with it.”

Added attorney Jerry Froelich: “They waited too long with Vick. They let the thing get out of control. The most important thing is, get control of the case early. That’s what Stallworth’s lawyers did and what I did with Jamal Lewis.”

Froelich represented Lewis when the running back pleaded guilty to using a cellphone to try to set up a cocaine deal. Lewis served four months in federal prison.

Vick’s case “should have been settled at the state level early on, and the feds never would have gotten involved,” Froelich said.

Vick’s case was federal, Stallworth’s was not. There’s a lot less leeway in federal sentencing guidelines.

“From a public standpoint, none of this makes a difference,” Sadow said. “But you’re really talking about apples and oranges.”

Oliver said Vick suffered from the fact there was no one he could pay off. In addition, Vick hurt himself by not quickly accepting responsibility.

“The big difference is something you hear all through life: it’s not necessarily what you do, it’s how you react to what you did.”

Ryan Stewart of 790 the Zone’s 2 Live Stews said Stallworth worked the system the right way.

“He just owned up to it, whereas Vick hid everything,” Stewart said. “When you own up to things and you’re a guy who’s never had any problems, things will be different for you.”

Stallworth could have faced up to 15 years in prison had he been convicted of DUI manslaughter at trial. Now, following his jail sentence, he’ll serve two years of house arrest and spend eight years on probation.

The house arrest terms will allow him to resume playing in the NFL, but a league spokesman said the NFL is reviewing the case for possible disciplinary action. Stallworth could be suspended without pay for some games this year.

Mothers Against Drunk Driving said it will closely watch what the NFL does.

“MADD is profoundly disappointed in the 30-day jail sentence,” MADD said in a statement. “We have heard there may be a contribution to MADD in the settlement and if that is true, we will not accept any monies. This case is a clear test of the NFL’s continued tolerance of drunk driving among its players.”

Vick, meanwhile, remains under indefinite NFL suspension.