Wednesday, June 17, 2009

Chicago DUI lawyer comments on the Donte Stallworth DUI plea of guilty


There is no question that this is a tragedy for Mr. Mario Reyes' family and friends. Mr. Reyes was struck and died a few moments after leaving his job on a Saturday morning. Donte Stallworth was driving the car that struck and killed Mr. Reyes.

Yesterday Mr. Stallworth pled guilty to DUI manslaughter and was sentenced to 30 days in jail. The penalty can be as high as 15 years for a DUI manslaughter in Florida. Additional fees and penalties include:


Stallworth will be sentenced to 30 days in the Dade County Jail to be followed by:
2 years of community control (house arrest)
8 years of reporting probation with the following special conditions:
1. drug and alcohol evaluation and treatment if recommended
2. random drug testing
3. lifetime driver’s license suspension and no driving (editor’s note: after five years, Stallworth could be approved for driving for reasons like employment.)
4. $2,500 donation to MADD (Mothers Against Drunk Driving)
5. $2,500 donation to “Parents of Murdered Children”
6. 1,000 hours of community service and all community service projects will
be performed with the input and consent of the State Attorney’s Office.
These may include Public Service Announcements and speaking
engagements with children about the danger and risks associated with
drugs, alcohol, and driving, and how this case has affected him.
7. Cost Recovery to the Miami Beach Police Department in the amount of
$1,842.88
8. Cost Recovery to Miami-Dade Police Department in the amount of $813.14
9. Court Costs of $583.00
Many are shocked and outraged by the sentence but I suspect the prosecutors were concerned about an acquittal in what would probably have been a high profile case. Acquittal? How could that happen? Well it appears that in Florida they do look to see if the accident could have been avoided by viewing all of the circumstances of both the driver, in this case Mr. Stallworth, and the pedestrian, Mr. Reyes. According to police reports, Mr. Reyes was walking outside of the croswalk across six lanes of traffic on a Saturday morning. There were at least 3 calls to 911 regarding this specific accident so people were definitely on the roadway.

Additionally, the family had reached a financial settlement with Mr. Stallworth and did not want the death of Mr. Reyes to turn into a circus which probably would have occurred if Mr. Stallworth had gone to trial.

Every case that we prosecute, especially those that involve the death of a human being, is closely scrutinized to ensure that a fair and just resolution is reached for all parties,” said prosecutor Katherine Fernandez Rundle. “We have specifically looked at the unique facts involved with this charge, Mr. Stallworth’s excellent pre-incident history of community service, abundant references that attest to his good character, his lack of any traffic violations or criminal convictions, his full and complete post-incident cooperation with law enforcement, and his willingness to accept complete responsibility for his actions.

“For all of these reasons, a just resolution of this case has been reached,” Ms. Rundle added. “The terms of the plea have been agreed upon between the State Attorney’s office and the police, and has been extended with the full endorsement and consent of the Reyes family, who believe that this plea and its timing are in the best interest of their 15-year-old daughter, the sole remaining child of Mario Reyes. Although no sentence can ever restore Mr. Reyes to his family, the provisions of this plea will provide closure to them and appropriate punishment for Mr. Stallworth’s conduct and the effects of his actions that night.

Obviously, this is a very good result for the defendant and I think most folks realize that they are different from Mr. Stallworth and will do whatever they can to avoid a similar tragedy.

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