Michael Vick, on his deck accompanied by a probation officer, tested the electronic monitor he will wear for two months.
(Jason Hirschfeld/Associated Press)
Reduced time for Stallworth?
'Causation' could be used in defense
Michael Vick, on his deck accompanied by a probation officer, tested the electronic monitor he will wear for two months.
(Jason Hirschfeld/Associated Press)
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Former Patriots receiver Donte' Stallworth could avoid a lengthy prison sentence even if he is found to have been impaired when the car he was driving struck and killed a pedestrian in Miami March 14, according to a report on
Stallworth, whose arraignment yesterday on DUI manslaughter was delayed until next month, has not yet entered a plea to charges he was driving drunk when he struck and killed Mario Reyes in the early morning hours of March 14. Tests showed Stallworth's blood-alcohol level was .126, well above Florida's .08 limit.
Yahoo! Sports, citing two NFL sources and a pair of Florida attorneys, said Stallworth's prison sentence may be as little as two or three months rather than the possibility of up to 15 years. There is also the possibility Stallworth, who is under contract with the Browns, could play this season.
According to Florida's DUI manslaughter law, there are exceptions under what is called "causation" of an accident. In short, someone who is driving drunk and causes an accident is not necessarily responsible if the other party did something to contribute to the accident.
In this case, Reyes allegedly was jaywalking when he was hit. If Reyes was jaywalking, it could be argued he contributed to the accident. In addition, Stallworth claimed to have flashed his lights and honked his horn at Reyes, which is being interpreted by Stallworth's side as a way of warning Reyes.
Stallworth may still have to serve time in jail and reach a civil settlement with Reyes's family.
The media ranks thinned out, and the curious onlookers who had lingered into the early morning hours hoping to get a glimpse of the suspended NFL star were long gone. With the first meeting with local probation officers out of the way, inside the house Vick reunited with his family - before the work of rebuilding his life can begin in earnest.
"He is obviously delighted to be home," his attorney, Lawrence Woodward, said.
There was no word directly from Vick. Woodward said the former Falcons quarterback remains a federal inmate as he serves two months of home confinement to complete his 23-month sentence for a dogfighting conspiracy, and he cannot speak to the media without permission from the Bureau of Prisons. Efforts to get permission are under way, he said.
Vick also remained mostly out of sight, arriving in a sport utility vehicle with blackout curtains. Later, Vick emerged only briefly, accompanied by a probation officer on the deck behind the five-bedroom house as they tested the electronic monitor Vick will wear for two months.
Woodward said Vick's first meeting with probation officers went well. Vick will have to check in periodically with probation, perhaps as early as today. He also will soon start his $10-an-hour job as a construction laborer - a condition of his probation.



