Bowers’ Fate Rests In A Few Areas

February 18th, 2013

A New York defense attorney weighs in on how Da’Quan Bowers might avoid getting sacked

Attorney Jeremy Saland, of Manhattan criminal defense firm Crotty & Saland, was kind enough to go deep with Joe into the prospects for Da’Quan Bowers in New York City court. Reports out of New York have Bowers arrested early today at a LaGuardia International Airport ticket counter. Felony criminal possession of a weapon in the second degree is the charge.

Saland spent seven years as a prosecutor in the Manhattan district attorney’s office before spending the past six years in criminal defense, so Joe’s confident his information is excellent.

Saland said there’s an excellent chance Bowers could have his serious felony charge “deviated downward,” aka reduced. The following questions/factors, per Saland, will be keys to Bowers not landing in prison.

1) Was the gun legally obtained and registered properly in Bowers’ home state? Saland said the answer to those questions will be most critical in determining whether Bowers can get leniency out of the Queens district attorney’s office.

2) Was Bowers attempting to legally check the firearm? Or was he taking it through security improperly?

3) Was the gun actually loaded or only “statutorily” loaded?

4) Does Bowers have a criminal record?

Saland went on to say that “collateral consequences” for the individual can be a factor in determining a prosecutor’s willingless to lessen a charge. A school teacher, for example, whose career could be ruined by certain convictions, could have that fact taken into consideration.

Will the Queens District Attorney try to make an example out of Bowers because he’s a celebrity?

“Queens is very reasonable. They will look at this case on it merits,” Saland said. “There’s no reason to think that would happen.”

Because the charge is considered a violent crime, Saland said, it’s likely Bowers will have to physically attend all his court appearances.

Joe, like every other Bucs fan, has his fingers crossed that Bowers’ gun was obtained and registered properly. If not, he quickly could become an answer to a Bucs trivia question, rather than a menace to NFL quarterbacks.

If found guilty of the current charge, Bowers faces a 3 1/2 year minimum sentence.

32 Responses to “Bowers’ Fate Rests In A Few Areas”

  1. PRBucFan Says:

    I would think him being from NC he has a permit.
    Prayin for him that this all works out.

    I think the rest of the Q’s he’s good on.

  2. tampabaybucfan Says:

    Stupid is a stupid does. I can’t believe a “college grauate”/adult, millionaire is that stupid. Hopefully we are only getting the worst part of the story.

  3. mark2001 Says:

    Thank you Joe, for talking to someone we might consider to be an “expert” in the field. I know it took a great deal of time and effort.

    I guess we will have to see. Hopefully the gun is registered in another state. I can understand why that would be a key to the outcome. Seems like if he has that, everything else might work in his favor and we might see that reduced charge.

    It is unfortunate that it is going on in the middle of all the national “gun talk”. Let’s hope the story doesn’t become so big that someone tries to use this case as a publicity “public statement” on the NY gun laws.

  4. grif4foozball Says:

    I sure hope the BYU defensive end is there at pick #13.Bowers is an idiot!!!!

  5. Macabee Says:

    PRBucFan,

    Your faith and loyalty to a good Buccaneer is admirable. As I stated before, the key to this is retaining counsel who has standing with the Queens DA. I have no doubt that the answers to Saland’s questions will weigh in Bowers favor.

  6. Bucs Fan #238 Says:

    I am going to go on a limb and say that we should just go ahead and draft an edge rusher in the draft. And pick up Dwight Freeny for veteran experience and a passing down only rusher.

  7. St Augustine Says:

    May someone explain in laymens terms the difference between loaded and statutorily loaded? I tried looking it up with no avail. I’m no gun expert, but to me loaded means ‘bullet in chamber.’ thanks!

  8. biggun Says:

    18 USC – 926 INTERSTATE TRANSPORTANT FEDERAL LAW NYC over reacts this the law of the land

  9. Adam Says:

    I just think back to how “easy” they went on Plaxico. This is New York, home of Ground Zero and Michael Bloomberg – the biggest anti-gun politician in the country. I can’t help but think in the wake of Sandy Hook with all eyes on everything gun related, a high profile NFL player is going to get a slap on the wrist.

  10. biggun Says:

    when im traveling with my weapon I make sure I don’t have a connection in NY becuase they pull this BS all the time

  11. PRBucFan Says:

    @Mac
    Gracias :)

    @Aug
    One is actually loaded with clip inserted
    The other is with the clip being available to quickly access and load

  12. biggun Says:

    A few years ago a CA Congressman’s connector flt in NYC was cancelled and he had his weapon checked with airline and when he had to claim his checked weapon he was arrested for same charge NYC BS BS BS….

  13. MadMax Says:

    I think he will beat this. He thought he was following the rules by declaring it. Now, I know, ignorance wont apply to a hard nosed DA. We’ll have to see. Good thing he’s got money and can lawyer up.

    The big question is how long will this drag out? Also, you know Goodell will have his say in this. So I think its safe to say we are resigning Bennett and will go DE in the 1st…..something I was going to be fine with anyway. But I think the worst Bowers will get is a fine and maybe community service. Like I said, its according to the DA.

  14. Chad Says:

    My question is… How did he get the gun to New York if he was checking into his flight to leave NYC? Did he pick the gun up while there a few days ago or did he arrive in New York with it?

  15. Andrew 1 Says:

    Im just… dumbfounded. I will say this though, some of things that are not allowed in an airport are just absurd. Now I rarely travel on an airplane, once every 5 years if that, but just recently while at TIA I was pulled aside by airport security who then proceeded to check my bag. they then told me that they had to confiscate a bottle of head and shoulders from my bag because it was not allowed in the airport. I mean really?!?! a bottle of head and shoulders? what am I going to to shampoo and condition someone to death?

  16. Andrew 1 Says:

    Regardless, he will get away with this scott free just like every other celebrity and athlete. mark it down. And hey, look on the bright side, Joe might have another special and unique introduction when the topic of Bowers ever comes up.

  17. mark2001 Says:

    Good point Chad…I said it in another thread. It is one thing if he brought it from another state and it was registered in another state…and they didn’t find it when he checked into NY. It is another thing if he purchased it in NY and it wasn’t registered by the state of NY. Let us hope it isn’t the later.

  18. mark2001 Says:

    Andrew…that is wishful thinking and you don’t know how law works in NY if you think it will be a “scott free” situation. This isn’t Apopka or Zephyrhills we are talking about. And secondly, a viscus liquid, or even a clear one, when mixed could create an explosive. It wouldn’t be more than a simple thing to pour out your head and shoulders and place a dangerous liquid in the bottle. I’m glad for those rules.

  19. raphael Says:

    it boils down to 2nd degree or 3rd degree possession of a firearm…

    2nd degree = substantial jail time..

    3rd degree = no jail time

  20. Andrew 1 Says:

    @ mark

    ok, maybe not scott free as Im sure he will have to pay a hefty fine, but thats a slap on the wrist compared to what should happen. He should have to serve jail time, even if it means it will hinder my beloved bucs in some way. but in my opinion it wont happen. as far as the shampoo thing is concerned… has it really come to that? man, what a world we live in. you gotta love it.

  21. Andrew 1 Says:

    since I did not have harmful intentions in mind, I just assumed they wanted me to buy shampoo at one of there gift shops as a way to make more money. on this subject, thanks for helping me to remove my head from my ass.

  22. Tyler Says:

    FYI- no such thing as a “registered” firearm in FL or anywhere else. See your 2nd amendment! You have to have a “background check” to buy a firearm retail, but no law exists that prevents you from buying a firearm from an “friend” you met at a gun show. This is more stupid liberal BS violating our Constitutional Rights! You have to have a concealed carry permit, the requirements vary from state to state whether you can carry it on your person or not. However if the gun is not accessible (ie in a carrying case, in a suitcase) then no carry permit is required. Btw for those that think the 2nd amendment was written to protect hunters and range shooters, go back and re-read your Jefferson Letters!

  23. Adam Says:

    The TBT is saying the gun was in a CHECKED bag on the way TO NYC, so it was never discovered.

  24. 1976Buc Says:

    Just another reason to never travel through the Great State of New York.

  25. Dave Says:

    WOW. Hope it was all legit and an honest mistake.
    Could have major consequenes on the draft…starting with round 1

  26. MadMax Says:

    @Andrew, come on man. So he should be put in prison with murderers, rapists, drug dealers, home invaders and thieves? Really? All because he had a gun, thought he was doing the right thing and declared it. He has no criminal history!

    Well, everyone has their opinion. My opinion is NY gun laws stink to high hell and thats why I’ll never live there. Look at Chicago’s gun laws and all of the shootings there! But we all know criminals follow laws, right?

  27. Andrew 1 Says:

    @ MadMax

    Im neither a pro nor anti guns when the subject of what to do with guns comes up. However, the fact is when your dealing with something that is dangerous and takes lives everyday, its a delicate situation. whether or not he thought he checked the gun in properly or not is irrelevant to me, if there where cause to arrest him for disobeying the gun laws as it relates to airports, then yes he should be properly punished for it. its a harsh truth, but maybe a lesson learned. Just my opinion.

  28. BigMacAttack Says:

    Andrew when you said properly punished you said a lot. Punishments should fit the crimes. It seems that isn’t always the case with gun laws these days and the mainstream media doesn’t help. There was a time when news was news and not about promoting someone’s agenda. If the law is black and white, I think what Bowers did was light gray at best.

  29. Oahubuc Says:

    Nanny Bloomberg will push to make an example out of him. Since Da’Quan hit on a couple of issues that terrify the 90 IQ sheeple, Nanny Goodell will want a lengthy suspension.

  30. Capt. Tim Says:

    New York’s gun laws suck. This country was founded by brave free men with Guns- who had the courage to overthrow a tyrannical government. It is defended and preserved today by the very best of us- brave men and women with guns

    I fully support and respect Law enforcement. But average response time to a 911 call- over 15 minutes

    Average time elapsed in a violent encounter( robbery, burglary) resulting in a victim fatality- less than 2 minutes.

    NO ONE has the right to deny you the ability to defend yourself and your family

    Still doesn’t excuse Bowers from not calling New York, and finding out their( ignorant) gun laws. I hope this mistake doesn’t cost him his career.

    And the 2nd amendment isn’t just about home defense

    ” Men who beat their guns into plows, will use them to plow for those who kept their guns”
    Thomas Jefferson. Author of the Constitution

  31. PRBucFan Says:

    When it comes down to it IMO the type of person he is will be what it will boils down to.

    Everyone claiming worst case-scenario, whether its his career or jail time, I just don’t think there’s even a chance it happens. IMO who he is will come through in the end, and that’s a great person.

  32. tidalguy Says:

    He couldnt have picked a worse place and time. I am a gun owner who cant imagine ” misplacing a weapon”. I’m aware of the status of every weapon I own.
    Is he guilty? Of being a bone head with a gun, yes. Beyond that will be up to a jury. Damn shame.

 
 

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