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Thread: Kenrick Ellis Agrees to Plea Deal

  1. #121
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    :DGreat news fro him and if you followed the case it looks like he was innocent........he will probably not spend 90 days in Jail.





    [QUOTE=Tackleem;4471379]He'll go away for 90 days and avoid deportation on a reduced charge. Per SI[/QUOTE]

  2. #122
    [QUOTE=jetsfreak;4472636]:DGreat news fro him and if you followed the case it looks like he was innocent........he will probably not spend 90 days in Jail.[/QUOTE]

    Does anyone know if this deal has probation tacked onto it .. or is just 90 days and you are good to go ? I am just worried about the B Edwards/S Holmes type stupid decision offense landing him back in the slammer.

  3. #123
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    [QUOTE=Dunnie;4472676]Does anyone know if this deal has probation tacked onto it .. or is just 90 days and you are good to go ? I am just worried about the B Edwards/S Holmes type stupid decision offense landing him back in the slammer.[/QUOTE]

    If he actually winds up doing jail time it's unlikely he will get probation with it.

    Not enough is known about the plea deal, there are alot of variables (criminal history for example) that can come into play and several possible outcomes based on the stipulations & details of the plea deal.

    He could wind up with a 90 day suspended sentence with probation, or he could serve around 60 days in jail - which I think would be his worst case scenario.

    In my years in law enforcement, I can tell you that it is not that common that a person serves jail time for a misdemeanor conviction if they are a first time offender - unless there are some aggravating circumstances involved (in Ellis's case the aggravating circumstances could be that he broke this guy's jaw and put him in the hospital). Most first time misdemeanor offenders wind up with just probation and no actual jail time other then what they serve when they are initially arrested.

    That being said the real variables here, which are unclear, is Ellis's criminal history & the actual stipulations/conditions of the plea deal. Until both of those factors are known, we can only speculate.
    Last edited by ARodFLKeysJetsFan; 05-19-2012 at 11:27 AM.

  4. #124
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    [QUOTE=ARodFLKeysJetsFan;4472722]

    In my years in law enforcement, I can tell you that it is not that common that a person serves jail time for a misdemeanor conviction if they are a first time offender - unless there are some aggravating circumstances involved (in Ellis's case the aggravating circumstances could be that he broke this guy's jaw and put him in the hospital). Most first time misdemeanor offenders wind up with just probation and no actual jail time other then what they serve when they are initially arrested.

    That being said the real variables here, which are unclear, is Ellis's criminal history & the actual stipulations/conditions of the plea deal. Until both of those factors are known, we can only speculate.[/QUOTE]

    If all he was guilty of was misdemeanor assault, ther is no way he would Plea to jail time on a first offense.

    If we see jail time ( as reported in the news that we will), it is probably because the plea works like this:
    1) he agrees to serve jail time of x days
    2) DA agrees to drop felony count from the charge
    3) with no felony in play, Ellis does not face deportation (I don't do immigration law, but that is what I have read).

    Basically, the deal as reported is jail time for no deportation risk.

  5. #125
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    [QUOTE=Digetydog;4472735]If all he was guilty of was misdemeanor assault, ther is no way he would Plea to jail time on a first offense.

    If we see jail time ( as reported in the news that we will), it is probably because the plea works like this:
    1) he agrees to serve jail time of x days
    2) DA agrees to drop felony count from the charge
    3) with no felony in play, Ellis does not face deportation (I don't do immigration law, but that is what I have read).

    Basically, the deal as reported is jail time for no deportation risk.[/QUOTE]

    It's already been reported - which I posted in an earlier post -[B] the plea bargain is for misdemeanor assault & battery [/B]and that the sentence is for 90 days jail time. He was charged with Felony malicious wounding initially, there is no question he agreed to the plea deal to get the lesser misdemeanor charge and avoid deportation. The trade off is (apparently) that they will make him serve some jail time which is somewhat of a victory for the victim & the state or county prosecutor (whichever one is involved).

    What isn't known is if that is the maximum possible sentence, or, if that sentence is predetermined & he will have to serve it - cut & dry.

    If it is 90 days jail time cut & dry - he will still get gain time for good behavior and likely serve no more then 60-70 days.

    But as I said previously, it's unusual for a first time misdemeanor offender to get jail time without aggravating circumstances - the real unknown here is if Ellis has any prior criminal history, particularly where violence was involved.
    Last edited by ARodFLKeysJetsFan; 05-19-2012 at 12:05 PM.

  6. #126
    I'm confused. Does a plea say "I plead guilty to this crime, and the judge will do sentencing", or does the plea say "I plead guilty to this crime with this agreed-upon punishment"? Or could a plea be either?

    I thought it was the judge's job to do sentencing... ??

  7. #127
    FYI, I found the official court page:

    [url]http://wasdmz2.courts.state.va.us/CJISWeb/MainMenu.do[/url]

    The enter case number CR11000245-00

    (Or name ellis, kenrick)

    So far it hasn't been updated officially with what happened on Thursday.

  8. #128
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    [QUOTE=thshadow;4472749]I'm confused. Does a plea say "I plead guilty to this crime, and the judge will do sentencing", or does the plea say "I plead guilty to this crime with this agreed-upon punishment"? Or could a plea be either?

    I thought it was the judge's job to do sentencing... ??[/QUOTE]

    Pleading guilty to a lesser charge is just that - pleading guilty to whatever the lesser charge is - in this case, misdemeanor assault & battery.

    The state/prosecutor makes the recommendation for a sentence but the Judge has the final say and can deviate from the states recommendation if they feel its necessary.

    That being said in a negotaited plea deal, the Judge knows that the sentence has been agreed upon beforehand by both sides (the defense & the prosecution) and 9 times out of 10 will not deviate from what has been agreed to.
    Last edited by ARodFLKeysJetsFan; 05-19-2012 at 12:16 PM.

  9. #129
    Oh, and more info from the ESPN article:

    [url]http://espn.go.com/new-york/nfl/story/_/id/7943353/sources-new-york-jets-kenrick-ellis-reaches-plea-agreement-agrees-misdemeanor-assault-battery[/url]

    [quote]
    Ellis, scheduled to stand trial next week, agreed to misdemeanor assault and battery during a pre-trial hearing.

    The district attorney's office wasn't immediately available to comment on potential jail time, but the victim's attorney, S. Howard Woodson, told the Star-Ledger of Newark the plea deal means six months of active jail time.

    Under Virginia law, Ellis would have to serve only 90 days, but time served could be applied.

    Ellis' attorney, Timothy Clancy, confirmed to the New York Post that an agreement had been reached, but said it wouldn't be approved by the court until next week. Clancy disputed Woodson's claim about potential jail time, but didn't provide any specifics in the agreement.
    [/quote]

    So I guess we'll find out the details when it's officially approved next week.

  10. #130
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    [QUOTE=thshadow;4472756]Oh, and more info from the ESPN article:

    [url]http://espn.go.com/new-york/nfl/story/_/id/7943353/sources-new-york-jets-kenrick-ellis-reaches-plea-agreement-agrees-misdemeanor-assault-battery[/url]



    So I guess we'll find out the details when it's officially approved next week.[/QUOTE]

    Yep but I can almost guarantee that he won't serve anywhere close to six months jail time unless he is a violent repeat offender - which I don't believe he is.

    That's wishful thinking by the victim's attorney.

    It sounds like the Judge will play a roll in determining the actual length of the sentence which to me, says there is some wiggle-room in the plea agreement as far as the actual sentence goes.

    In other words it seems the prosecution & defense seem to have agreed on the guilty plea & the charge, but not the actual length of the sentence.
    Last edited by ARodFLKeysJetsFan; 05-19-2012 at 12:28 PM.

  11. #131
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    [QUOTE=ARodFLKeysJetsFan;4472755]Pleading guilty to a lesser charge is just that - pleading guilty to whatever the lesser charge is - in this case, misdemeanor assault & battery.

    The state/prosecutor makes the recommendation for a sentence but the Judge has the final say and can deviate from the states recommendation if they feel its necessary.

    That being said in a negotaited plea deal, the Judge knows that the sentence has been agreed upon beforehand by both sides (the defense & the prosecution) and 9 times out of 10 will not deviate from what has been agreed to.[/QUOTE]

    There are two ways to plead guilty:

    ) "Open" Plea - this occurs where the prosecutor and defense cannot agree on a sentence. Essentially, the defendant lets the judge decide his punishment. This is extremely rare.

    2) Plea with sentence: in this type of plea, the parties agree to the sentence, but need the judge's approval. If the judge refuses to go along with the plea, the defendant may withdraw his plea.

  12. #132
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    [QUOTE=thshadow;4472749]I'm confused. Does a plea say "I plead guilty to this crime, and the judge will do sentencing", or does the plea say "I plead guilty to this crime with this agreed-upon punishment"? Or could a plea be either?

    I thought it was the judge's job to do sentencing... ??[/QUOTE]

    For most crimes, the local court systems have already developed a pretty tight "range" of sentences for common crimes. Although not posted like the menu at Burger King, all the prosecutors and defense attys will know the "price" of each crime in that court room based upon experience with the judge. Thus, they don't agree to pleas that the court is unlikely to approve.

    Sample Plea Agreement: my client pleads guilty to DUI, he gets a 90 day sentence probated for 2 years, $500 fine + Court costs and probation fees.

    I once had a client who was a super f-up. Even though the "price" of his crime in that court was 90 days w/ 2years probation, we knew that he would never complete his probation (drug testing, missed meetings, etc). Having done time before, we got him a flat 30 day sentence instead. He was happy; the prosecutor was mad b/c they really don't want people in jail for minor crimes - they want the fines and probation fees.

    In 5 years in the criminal courts, I never saw a court reject a plea agreement.

    NOTE - Federal Court plea agreements are different.

  13. #133
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    [QUOTE=Digetydog;4472445]Just because he took the deal doesn't mean he was innocent.

    For those people who continue to support him based upon his "self defense" explanation of what happened, most people charged with a crime do not come out and admit that they did it. Most defendants usually adopt (depending upon how much evidence is available) one or more of the following defenses:
    1) SODDI - Some other dude did it (OJ Defense)
    2) I did it, but it was not illegal (John Edwards is mounting this defense right now)
    3) I was the victim and was only defending myself (George Zimmerman)
    4) The witness is a liar and we cannot trust his testimony defense (Roger Clements)
    5) I did it, but I was defending myself (battered wives and Kendrick Ellis)

    Nevertheless, most cases are eventually resolved with a guilty plea. Innocent people (especially by people with the wealth to fight a case) with airtight defenses generally don't plead guilty. Guilty pleas occur b/c the defendant and his attorney understand that there is a REAL chance of losing the trial. In return for a plea, they normally get reduced charges and/or a reduced sentence.

    As for my experience, I probably defended 100-200 criminal defendants before I moved into a different area of law.

    BTW - From what I have read, it sounds like this is a fair resolution of the case. The victim alleges Ellis assaulted him. Ellis alleges it was in "self defense." Furthermore, it appears Ellis came out of the fight with no injuries and the victim has real, significant injuries. Given Ellis' enormous size, I think jurors might be skeptical of his "self defense" claim unless there were unbiased witnesses able to back up his story. If there were no witnesses and there is an alleged victim with a broken jaw, the "winner" of the fight has an uphill battle in court. Pleading out was probably the smart move.

    But, Jets Fans who think he is obviously innocent are living in fantasy land.[/QUOTE]
    I don't think anyone has said he is obviously innocent. Buzz said "even if he is innocent."

  14. #134
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    [QUOTE=Jordy;4473168]I don't think anyone has said he is obviously innocent. Buzz said "even if he is innocent."[/QUOTE]

    "90 day prison sentence for self defense" from another posters.

    When he was first drafted, there were a lot of posts like the one I quoted that assumed it was "self defense" and essentially frivolous. Thankfully, not all Jets fans are sheep who believe everything a defense atty says about a case.

  15. #135
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    [QUOTE=Digetydog;4473180][B]"90 day prison sentence for self defense"[/B] from another posters.

    When he was first drafted, there were a lot of posts like the one I quoted that assumed it was "self defense" and essentially frivolous. Thankfully, not all Jets fans are sheep who believe everything a defense atty says about a case.[/QUOTE]

    90 days isn't a "prison sentence" it would be county jail time - which is where all misdemeanor sentences involving jail time are served.

    And I have seen plea-deals rejected by a Judge before. It is the exception, not the rule, but it does happen.

    I have even seen Judges issue downward departures before, because the sentence the Judge imposed was so much less then what the state & the statutory guidelines called for.

    Again this doesn't happen every day, but, it does happen.
    Last edited by ARodFLKeysJetsFan; 05-20-2012 at 08:34 PM.

  16. #136
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    [QUOTE=ARodFLKeysJetsFan;4473202]90 days isn't a "prison sentence" it would be county jail time - which is where all misdemeanor sentences involving jail time are served.

    And I have seen plea-deals rejected by a Judge before. It is the exception, not the rule, but it does happen.

    I have even seen Judges issue downward departures before, because the sentence the Judge imposed was so much less then what the state & the statutory guidelines called for. Again this doesn't happen every day, but, it does happen.[/QUOTE]

    While I agree with you that there is a difference b/w a "prison" sentence (for felonies) and a "jail" sentence (for misdemeanors), I didn't correct the original quote b/c I was focused on its implication it was clearly a case of "self defense."

  17. #137
    I thought the deal was for 6 months. In Virginia, assuming good behavior, that means 1/2 that sentence which turns into the 90 days everyone is quoting. But that's a definite 90 days he'll be in jail, no less (except for time already served, which I haven't seen mentioned).

  18. #138
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    [QUOTE=lageman4ever;4473285]I thought the deal was for 6 months. In Virginia, assuming good behavior, that means 1/2 that sentence which turns into the 90 days everyone is quoting. But that's a definite 90 days he'll be in jail, no less (except for time already served, which I haven't seen mentioned).[/QUOTE]

    [QUOTE]Ellis, scheduled to stand trial next week, [B]agreed to misdemeanor assault and battery during a pre-trial hearing.
    [/B]
    The district attorney's office wasn't immediately available to comment on potential jail time, but [B]the victim's attorney, S. Howard Woodson, told the Star-Ledger of Newark the plea deal means six months of active jail time.[/B]

    Under Virginia law, Ellis would have to serve only 90 days, but time served could be applied.

    Ellis' attorney, Timothy Clancy, confirmed to the New York Post that an agreement had been reached, but said it wouldn't be approved by the court until next week. [B]Clancy disputed Woodson's claim about potential jail time, but didn't provide any specifics in the agreement.[/B] [/QUOTE]

    Based on what I bolded above which is from an article from ESPN posted earlier in this thread, it appears the plea of guilty to misdemeanor assault & battery has been agreed upon by both sides, but, there appears to be some disagreement between the two sides as to what the actual sentence will be.

    So logic says the Judge will make the final determination as to what the actual sentence will be.

    That being said the chances of Ellis serving more then 90 days in jail are very slim in my view.

    He could even receive a suspended sentence with probation (and no actual jail time) if the Judge sees fit.

  19. #139
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    Updated info. He'll serve 45 days.

    [QUOTE=@BrianCoz]
    Per a plea agreement in Va. today, Jets DL Kenrick Ellis will serve 45 days in jail beginning June 15.

    That info is from Ellis' attorney, Tim Clancy. If my math is correct, Ellis will miss the first few days of training camp.

    Ellis won't miss any OTAs or mini-camp. Again, he won't go to jail until June 15. Pleaded to a lesser count of assault and battery.

    Ellis entered an "Alford" plea, which does not admit guilt.

    The specifics of the plea are 179 days in jail, with 89 days suspended, which leaves 90 days. In Va. that is cut in half so it is 45 days.[/QUOTE]

  20. #140
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    [QUOTE=ozu;4473830]Updated info. He'll serve 45 days.[/QUOTE]

    Thank you.

    This is what a lot of us concluded would happen earlier in the thread without 12 years of law enforcement experience.

    When does training camp start?

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