Talib Attorney Updates Case

June 17th, 2011

Welcome to the backlogged justice system.

To date, per Aqib Talib’s attorney Frank Perez, the Dallas County prosecutor assigned to Talib’s felony aggravated assault with a deadly weapon case hasn’t had time to review the defense’s evidence. Nothing happened during yesterday’s scheduled talks, Perez told JoeBucsFan.com, and there have yet to be any substantive talks towards a reduced charge and plea agreement for Talib.

Perez said this kind of backlog is very typical in Dallas. Talib has not entered a plea.

While the State of Texas may be bogged down, Talib’s lawyers continue to work on Talib’s behalf investigating, and interviewing witnesses and people close to the situation. Perez said his legal team has yet to talk to anyone that says Talib was using a gun at the scene.

Perez said he is very eager for the State to review the defense’s documentation and his confidence has grown with recent information obtained regarding the alleged victim in the case, Shannon Billings, Talib’s sister’s boyfriend/husband.

“At this point, I’d rather go to trial,” Perez said. “But first we have to have substantive talks” regarding a deal or dropping charges.

From Joe’s research, since there apparently were no injuries to the alleged victim, if the State dropped the gun charge it could reduce Talib’s charge to a Class C misdemeanor assault, which carries no jail time and a fine up to $500.

39 Responses to “Talib Attorney Updates Case”

  1. Capt.Tim Says:

    Well that’s good news. Looks like Ronde will get his wish. Meybe Talib even avoids suspension. As long as we still sign Nnamdi, I’m fine with Talib playing here between suspensions and court dates. At least there is always some legal issue to discuss while he’s around.

  2. espo Says:

    Joe, if they dropped the gun charge, wouldn’t he be free of any assault charge, no matter what class it was given? The whole issue stems from the gun. Talib didn’t get the guy in a headlock.

  3. Gary Says:

    Sounds like he knows this will turn out well for Talib. I’m glad he is working out with Josh because he WILL be back on the team next year and make the pro bowl. He will make everyone that turned on him eat their words.

  4. espo Says:

    Capt Tim:

    Don’t you find it considerate of him to shoot at people during the offseason?

  5. admin Says:

    Joe here,

    @espo — You can be charged with assault for threatening someone, poking someone with your finger, etc. State might go for that lesser assault as part of a deal. Joe imagines Talib’s attorney’s would jump at that offer.

  6. Thomas 2.2 Says:

    Joe,

    Let me translate what Perez was saying to you:

    “At the pre-trial, the State was NOT interested in entertaining a plea offer for anything less than the charge.”

    In order to keep his client happy the attorney is relaying to the media the most favorable interpretation of the facts and posture of the case. He would not be doing his job if he told you that things did not look good for Talib.

    Lack of substantive talks = the substance being expressed by the State was inconsistent with the desired result for the defense attorney and client.

  7. Apple Roof Cleaning Says:

    LOL, Shannon Billings nearly found out WHY they call Aquib a “shut down corner” :)
    Seriously, this legal talk is all posturing on both sides. Evidence is weak in this case, and neither side wants to risk a loss, so a deal will be cut. There is little Glory for a Texas State Attorney to put away a football player from Tampa. And, if he loses the case, it could mean his political career! Risk/Reward Joe, you know how that goes ?
    IMHO, the ONLY thing stopping a deal in this case is the Texas Prosecutor does not want to appear “Soft”.
    It is nonesense that the prosecutor “hasn’t looked at the evidence yet”. This is a high profile case, so of course he has. The Prosecutor wants to appear diligent and thorough, so he is taking his time. But because of the weak evidence, and uncertainty of a conviction, he will deal, and this case will be plead out to a non felony charge.

    Did not Tampa draft a player recently who shares Aquib’s love of Cab Drivers ?
    Imagine the 2 of them, in the back of the same cab ?

    I have no Love or Hate for Cab Drivers in Tampa, but I will say this. I once flew into Tampa, and took a Cab only to Westshore. The Cab Driver was extremely rude because he “waited all day” at the airport for such a short ride!
    He made my girl and I feel like crap, and we tipped him accordingly.

  8. OAR Says:

    Joe
    We have a “Talib Next ASSault” pool at work and was wondering what month you might suggest?

  9. Atrain WD40 Says:

    as usual Thomas 2.2 is a rambling nut job.
    Perez is so confident he wants a trial:

    “At this point, I’d rather go to trial,” Perez said. “But first we have to have substantive talks” regarding a deal or dropping charges.

    And theres been no talks because the prosecutor has not even reviewed the case.

  10. Joe Says:

    OAR:

    November.

  11. admin Says:

    Joe here,

    @Thomas 2.2 — Let Joe “translate” for you, to use your word. …Joe is not an idiot. Joe had off the record conversation that’s not posted here. Joe did some research to verify. The ADA is actually on an capital murder case now.

  12. OAR Says:

    Joe
    Thanks, I was thinking November, too!

  13. OAR Says:

    We need a translation! Anybody speak Thomasese?

  14. Joe Says:

    OAR:

    We need a translation! Anybody speak Thomasese?

    Rah does!

  15. Jrock Says:

    I never got the whole Thomas fiasco that goes on here, but his comment seemed pretty idiotic to me. You don’t yearn to go to trial if you don’t believe you’re going to win.

    In any case, great news. In the new CBA, players are pushing for NO punishment from the NFL for all the bad stuff players have been doing during the lockout. It almost looks like Talib will get off of this felony case with nothing but a slap on the wrist!!

  16. OAR Says:

    “In any case, great news. In the new CBA, players are pushing for NO punishment from the NFL for all the bad stuff players have been doing during the lockout.”
    Wow that’s sad, but does not surprise me! Any excuse or reason, not to be held accountable for ones actions, seems to be the way of todays society!

  17. OAR Says:

    Asked perp, “Why did you kill everyone in the house?”
    Perp said, “Cause, they were home….and we were in a lockout!”

  18. Capt.Tim Says:

    I’ll take December! It would be really considerate if he’d help bring in the holidays with a shooting! Maybe a key teammate, while we are in hot pursuit if a playoff berth!
    Man, I love the holiday season- bang bang!

  19. Matthew Levanduski Says:

    Bwahahahahaha Talib’s defense found out even more about that piece of garbage Shannon Billings that they WANT to go to trial they are so confiedent. I can truly say that I supported Talib ever since the story originally broke, he’s our best corner and one of the best young corners in the league. Our D has potential to be so sick over the next decade if our high picks maximize their potential.

  20. Capt.Tim Says:

    Esposito- it is considerate of him! I’ve suggested to several Bucs that they should say something to him about that voice of his! But they thought he might go postal. I think that’s what’ll happen! One of the Bucs will call him Daffy Duck, and he AK’s the locker room. I got December!!

  21. Chris FWC :) Says:

    Bang! Regardless of the outcome he needs to go to the shooting range. I can’t have my Bucs or Magic missing shots.

  22. FLBoyInDallas Says:

    The final result will be either a plea or a conviction on a charge that does NOT include possession of a firearm. Simple as that. Anyone trying to force an alternative interpretation of the outcome obviously has a personal agenda and/or lacks understanding. Write it in ink ’cause it ain’t gonna change.

  23. Theodore Says:

    Joe – So “no injuries” is a factor in a weapons assault charge? I can see having a gun wound is a factor but the opposite, firing and missing, has to still be a crime. There were gun shots heard and shells recovered. It just seems odd to me that the lack of injury would help reduce a criminal weapons assault charge down to a misdemeanor.

    In other words, if the prosecution says the shots weren’t in self defense, they can’t just wish the shots away. But I guess they can.

  24. AlstottsLilBro Says:

    Thomas 2.2 got a law degree from watching episodes of night court… oh that Bull he’s so wacky

  25. Capt.Tim Says:

    Theodore- it’s because he is a multimillionaire. If the average Jo . . Guy did that, his Ass would get prison time

    The sad part us, that this doesn’t help Aqib. He keeps “getting away with it”, so it keeps escolating. One day, he wont be able to get away with it

  26. Macabee Says:

    C’mon Thomas, you’ve got to stop doing your business at the curbside and putting it on dogs! Joe told you right – the DA’s office is backlogged with other cases and has not had the opportunity to fully review the defenses evidence, ie, full discovery has not taken place. Respect your profession – the truth and only the truth!

  27. Capt.Tim Says:

    Although, for those of you piling on Thomas- I’m pretty sure Aqib’s. Lawyer is NOT an unbiased or honest opinion. Definitely a lil slanting going on. Odd there wasn’t some kind of offer. Even when I get aquitted, they offer life in prison as the opening salvo! They usually give ya something! What’s with Texas! They shoulda at least offered ” hung with a new Rope”, just to get dialog started. Well, what do you expect from a state that gives us the damn Cowboys!

  28. Thomas 2.2 Says:

    I was not suggesting that the da did not have another big case. I was suggesting that you are relying way to heavily on the appropriately and financially biased interpretation of the case.

    Lawyers often overstate/stretch their desire for a trial for settlement leverage purposes to force the best possible outcome for the client. The State will not be influenced by Perez.

  29. admin Says:

    Joe here

    @Thomas 2.2 — Your twisting Joe’s words a bit. As midemeanor assault goes in Texas related to this case, the lack of an injured party essentially takes it out of Class A and moves it to Class C. If the DA determines it has no case on the gun, then this Class C misdemeanor assault seems like the most likely reduced charge. … … Not “relying way to heavily” on anything. We got a great look at what the state has from the documents posted here a couple of weeks ago.

  30. Hawaiian Buc Says:

    @Thomas,

    You should probably learn when to just give it a rest. Know when you are defeated and move on to your next mission. Even if you are a lawyer, you don’t know enough about this case, or more importantly how things work in Texas. But let me guess, you used to live in Texas and practice law there too. Anyone and everyone can see that you are talking out of your arse (nothing new), so just stop talking. Joe has already corrected your ignorance twice, do you really want him to do it a third time?

  31. Leighroy Says:

    Thomas, no one likes a know-it-all, especially when you know-nothing-at-all.

  32. Thomas 2.2 Says:

    Joe, not arguing with your crime classification. You seem to support your conclusion (arrived at weeks ago) that the Talib charge is likely to be reduced by plea to a misdemeanor.
    That may happen. But nothing, not the arrest reports or the statements from Perez, support this being a reasonably likely outcome at this point. The victim says he saw talib fire the gun.
    And remember that the victim didnt report talib to the police, the neighbor called the cops, which the state will use to support their position that billings wasnt trying to get talib arrested. Further, the witnesses, except for the talibs (proven not truthful) do not contradict billings – they just say that they couldnt see who fired the 2 later shots. The arrest reports states: billings version comports with the location etc of bullett casings, the talibs versions changed multiple times. Why? Consciousness of guilt the state will say.
    The point: joe your analysis from day 1 has been colored by your desired result. It may turn out the way you hope, but it will be for much more than the subjective analysis of the evidence outlined here. Bigger picture- talib is a bad guy and danger to the community bc he is likely to reoffend.
    Do any of you really think that he did not pistol whip and shoot at Billings? No, you just hope that the State’s case ends up being insufficient from an evidentiary standpoint.
    I am telling you from experience: there is evidence to bring this case to a jury if the State cant obtain a just outcome through plea.

  33. m.wesley Says:

    Oar, you and Joe both are wrong.I have a friend that acts the way Talib does,hes a great guy, loves kids, works hard but he have this problem with people so called trying him.He jumps the gun often but after hes in trouble he tends to be a little smarter,so he will wait till the playoffs in January,put me down for fifty!

  34. Thomas 2.2 Says:

    Put me down for 2014-2016 after 3-5, or with 12 months from being released from prison.

  35. Macabee Says:

    Thomas, my final post and I apologize for the curbside comment – not necessary and lessens the strength of my argument. Let’s attempt to bring some equilibrium to what you have said. You are guilty of the same thing you accuse Joe of – your analysis has been colored by your desired result. You believe Talib to be a recidivist and he should be stopped now before he reoffends, evidence be damned. You are right – the victim says he saw Talib fire the gun. What you don’t say is the victim is a flawed witness, and Perez says there is additional evidence forthcoming that is even more debilitating. You seem to imply that this case or any case is about guilt or innocence. You may be right that Talib is as guilty as all get out – but is there enough evidence to prove that beyond a shadow of doubt? The very notion of a plea bargain is to let a guilty person off on a lesser charge to save money, time, or use limited resources on more important cases. We let guilty people out of jail because of overcrowding for crying out loud. This DA, like all DAs has to balance his limited budget between limited resources and cases of political consequence. All I’m saying is give both sides of the case – you know better than most of us what’s at work here. Don’t let a personal bias shroud the truth.

  36. Gringo Dave Says:

    I do have some personal experience in the Texas court system. Judges are for sale. Aquib could write a big fat check for the judges re-election fund as well as a half dozen of his family members contributing the maximum contribution. Large corporations and law firms in Texas actually have judges on retainer. As long as its politically expedient, he will be let off with a tap on the wrist. He might have to show up for some charity auctions or golf tournaments but he will not be convicted of anything.

    There are two layers of justice in the USA. Someone who robs a 7/11 gets the book thrown at him and he’ll spend 10 years working in a factory assembling minute man missiles for 23 cents an hour. Then there’s a CEO of Lehman Brothers who runs a criminal operation bent on stealing the pensions of teachers, firemen and policemen and he gets $30 million in severance pay when he gets caught. The CEO of Goldman Sachs steals $47 billion from Libya and when he gets caught, he coerces his buddies in the White House and Downing St to invade the victim’s country and assassinate its leader. Don’t expect any semblance of justice from Texas, the fattest checkbook will always prevail.

  37. Thomas 2.2 Says:

    Gringo: it is absolutely not that way in florida from my experience, with the exception that public defenders (who are often very bright and skilled) are at a disadvantage due to inadequate resources and vast volume of cases.

  38. BigMacAttack Says:

    Money talks anywhere you go. I think a few, one in particular, is forgetting that you are innocent until proven guilty. ONE person, alone, is claiming Aqib fired the gun. And as Joe has pointed out several times, he is a convicted felon and he was running away, supposedly for his life. It’s all BS, doesn’t make sense and won’t hold up in any court, anywhere.

    Billings to himself: “Man they shootin at me, I need to get outta here quick. Wait, I should stop, turn around, and see who’s shootin at me.”

    C’mon, it’s made up, doesn’t make sense, and Billings himself said he discharged Aqib’s gun once after the incident. He probably shot it twice. The witness said she thought she heard 2 shots. That’s the thing here, the only person that has been definitive about what happened is Billings, and he was running away, probably full speed.

    As others, I like my anonymity, but I can tell you I’ve been in Texas courtrooms, more than a few times. He’s gonna walk.

  39. BigMacAttack Says:

    And I hate Lawyers. They all Suck, every last one. They are like leaches on society, almost as bad as Insurance Companies, Chinese Manufacturers and OPEC.

 
 

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