Elvis Dumervil arrested

[igoe4broncos]

http://denver.cbslocal.com/2012/07/15/broncos-elvis-dumervil-arrested-in-miami/


MIAMI (CBS4) – Denver Broncos star defensive end Elvis Dumervil was arrested in Miami Saturday night.

According to the police report Dumervil is accused of aggravated assault with a firearm. His bond was set at $7,500.

[rationalfan]

Cut him! Ha!

[MasterShake]

Just got this alert text from CBS4 about this a few moments ago. sigh....

[SR]

Dammit. Wtf

[MOtorboat]

Oh Jimminy Christmas. With a gun?

[BroncoWave]

Uh-oh. That didn't work out too well for Plaxico. This could be bad.

[broncofaninfla]

This isn't good. I'm floored on how stupid some of these guys are....

[camdisco24]

What an idiotic move. With all the money he has he should be relaxing in his private penthouse... not running around Miami with a gun. I'm hoping more details come out to explain this allegation.

[MOtorboat]

Uh-oh. That didn't work out too well for Plaxico. This could be bad.

Luckily, he's in Florida and not New York. A $7,500 bond means its not overly serious, but still dumb, pending details, of course.

[SR]

Uh-oh. That didn't work out too well for Plaxico. This could be bad.

Plaxico shot himself too didn't he?

[SR]

This isn't good. I'm floored on how stupid some of these guys are....

I can understand carrying a gun when you're wealthy and a noted pro athlete. But assaulting someone with it? Idiot

[MOtorboat]

Plaxico shot himself too didn't he?

Yes. Gun was in his pants at a night club, went off, bullet into his leg. New York law is about as stiff as it gets, and because the weapon discharged it was an even worse crime.

Potentially, Dumervil could have punched someone and had the gun on him, and received this charge.

[BroncoWave]

I can understand carrying a gun when you're wealthy and a noted pro athlete. But assaulting someone with it? Idiot

I don't even understand carrying the gun. He has enough money to hire an armed bodyguard if he's that worried about his safety. Or he could just, you know, not be in Miami nightclubs in the middle of the night.

[Denver Native (Carol)]

There are no other details at this time about the events leading to the arrest, but the Broncos have released a statement on the matter:

“Our organization is aware of the matter and is continuing to gather the facts. This is a very serious allegation, and we will thoroughly review the details while the legal process runs its course.”

http://www.nfl.com/news/story/09000d5d82a912ed/article/police-elvis-dumervil-arrested-for-aggravated-assault?module=HP11_headline_stack

[HORSEPOWER 56]

Dammit... Doom's my boy. I hate the offseason, especially this part of it. A month off is too much time for these idiots to get into trouble. :tsk:

[SR]

Yes. Gun was in his pants at a night club, went off, bullet into his leg. New York law is about as stiff as it gets, and because the weapon discharged it was an even worse crime.

Potentially, Dumervil could have punched someone and had the gun on him, and received this charge.

That could be also. He's dumb for putting himself in to this position, but I'll wait until all the details are released.

[MOtorboat]

That could be also. He's dumb for putting himself in to this position, but I'll wait until all the details are released.

Yes. That's NOT what happened. That was me speculating...just to remphasize that. The bond amount is the interesting thing.

[iLands]

We are leading the league in arrests in recent history. No surprises at all.

ThugLife

[Ziggy]

I wonder how many pages of over-reaction this thread will get to before the facts come out. It's a felony charge. We all know that pro athletes don't get the same treatment as normal citizens, so it's very likely that even if he's guilty he'll plea it down to misdemeaner charges and end up with some community service. I hope that it's not as bad as it sounds. I'll wait to read what really happened when they start releasing some of the details of the case.

[Superchop 7]

Meet Mr Goodell........

What a dumb ass.....I would call a team meeting and rip into these guys.

[Denver Native (Carol)]

Broncos star defensive end Elvis Dumervil has been arrested in Miami and charged with aggravated assault with a firearm, according to court records in Miami-Dade County. The charge is a felony.

KCNC, CBS's Denver affiliate, first reported the arrest, and the station reports that Dumervil was arrested Saturday night. The station reported Dumervil was held on $7,500 bail.

Dumervil is not currently listed as an inmate in the Dade County jail. Details of what led to the arrest are not yet available.

rest - http://www.denverpost.com/broncos/ci_21081229/broncos-elvis-dumervil-arrested-felony-weapons-charge

[SR]

Yes. That's NOT what happened. That was me speculating...just to remphasize that. The bond amount is the interesting thing.

It'll be interesting to hear his side of it

[rationalfan]

I wonder how many pages of over-reaction this thread will get to before the facts come out. It's a felony charge. We all know that pro athletes don't get the same treatment as normal citizens, so it's very likely that even if he's guilty he'll plea it down to misdemeaner charges and end up with some community service. I hope that it's not as bad as it sounds. I'll wait to read what really happened when they start releasing some of the details of the case.

Amen.

I love how these guys are labeled "idiots" when they get in trouble or carry guns; as if nobody on this board has ever driven drunk or owns/carries a gun.

Also, its amusing how nobody here is calling for Doom's release. Because he's a stud, of course.

[Superchop 7]

I heard Jail House rock by Elvis this morning.

Oh.....the irony.

[Timmy!]

http://citysarah.files.wordpress.com/2011/05/dumbass.jpg

[Simple Jaded]

All the time off with the new CBA is going to lead to more offseason bullshit, IMO. If you're going somewhere that makes you think you need a gun then you shouldn't be going there. I have never said to myself "I'm meeting some friends at the bar/friends house, I better bring my gun".

Didn't Dumervil just get out of hot water with Denver Police? Some parking lot altercation?.......

[Superchop 7]

It is possible that the ruckus began when someone stepped on his blue suede shoes.

[MOtorboat]

All the time off with the new CBA is going to lead to more offseason bullshit, IMO. If you're going somewhere that makes you think you need a gun then you shouldn't be going there. I have never said to myself "I'm meeting some friends at the bar/friends house, I better bring my gun".

Didn't Dumervil just get out of hot water with Denver Police? Some parking lot altercation?.......

Mile High security wouldn't let him into the stadium when he was injured a year and a half ago.

[BroncoWave]

Amen.

I love how these guys are labeled "idiots" when they get in trouble or carry guns; as if nobody on this board has ever driven drunk or owns/carries a gun.

Also, its amusing how nobody here is calling for Doom's release. Because he's a stud, of course.

I've never driven drunk or carried a gun anywhere. There is nothing dumb about owning a gun if you have the proper permits. And even if I owned a gun with the proper permits I wouldn't be going into clubs and assaulting people with it.

And just because some people on this board may have done the same thing doesn't make what Doom did less idiotic.

[Denver Native (Carol)]

UPDATED - FROM ARTICLE:

Broncos star defensive end Elvis Dumervil was arrested in Miami and charged with aggravated assault with a firearm, according to court records in Miami-Dade County. The charge is a third-degree felony.

A third-degree felony is punishable by up to five years in prison.

full article - http://www.denverpost.com/broncos/ci_21081229/broncos-elvis-dumervil-arrested-felony-weapons-charge

[MOtorboat]

Well, we had a lot of good defensive players.

[SR]

full article - http://www.denverpost.com/broncos/ci_21081229/broncos-elvis-dumervil-arrested-felony-weapons-charge

Real nice

[sneakers]

Miami sucks, nothing good ever happens there.

[camdisco24]

Amen.

I love how these guys are labeled "idiots" when they get in trouble or carry guns; as if nobody on this board has ever driven drunk or owns/carries a gun.

Also, its amusing how nobody here is calling for Doom's release. Because he's a stud, of course.

I don't get this post.... So if someone on this forum does something idiotic, the rest of the forum can't call an athlete an idiot (allegedly at this point) for doing something just as stupid? Look... if you drive drunk you're an idiot. If you carry a gun and get into trouble with it in your possession, you're an idiot. There is no way around it. No one gets a free pass on being stupid in my book.

Doom's actions at this point have not become a constant distraction for the team. As of now, there is no comparison to him and DJ if that's what you are trying to get at with your last point. If Doom continues to get arrested, I'm sure the tune will change. Just like it did with Brandon Marshall at the end of his time in Denver.

[iLands]

Not to stir the pot, but if he is convicted he will have a mandatory minimum sentence of three years.

To be frank with ourselves, I imagine he'll have a plea deal so the above is irrelevant.

I pine for it to be irrelevant.

[MOtorboat]

Not to stir the pot, but if he is convicted he will have a mandatory minimum sentence of three years.

To be frank with ourselves, I imagine he'll have a plea deal so the above is irrelevant.

I pine for it to be irrelevant.

Really? Because class 3 felonies here have no minimum penalty, if convicted.

[Dzone]

I guess $14 million a year isnt enough to keep someone from being a dumbass. Pathetic

[iLands]

Really. Any assault charge with a firearm triggers a mandatory minimum sentence in Florida.


I'm actually not worried anymore. There is now a critical mass of reports that he hasn't received and won't receive charges.

Looks like we dodged a bullet here (too soon)

EDIT: After Elway and Manning, Steinberg is the most valuable person in this organization.

[Denver Native (Carol)]

FROM ARTICLE


MIAMI BEACH, Fla. -- Denver Broncos defensive end Elvis Dumervil and another man were arrested Saturday night in Miami Beach, according to Det. Vivian Hernandez.

"No charges have been filed. No aggravated assault or assault took place. And it is likely that once the full investigation is complete, no charges will be filed against Mr. Dumervil," Harvey Steinberg, Dumervil's attorney, told ESPN NFL Insider Adam Schefter.

full article - http://espn.go.com/nfl/story/_/id/8168605/elvis-dumervil-denver-broncos-arrested-miami-saturday

[camdisco24]

Sounds like good news coming out now. Dooooom better be careful though. This kind of stuff shouldn't even be associated with his name.

[DenBronx]

Whens the last time when we had an offseason with no issues? Of all people I would have never guessed Elvis would be a guy getting arrested.

[Shazam!]

This is all McDaniels fault.

[Nomad]

Miami sucks, nothing good ever happens there.

At least Doom didn't eat the face off a bum:D

[Denver Native (Carol)]

Vic Lombardi ‏@VicLombardi


Just spoke to Harvey Steinberg. No charges filed. He says no assault took place. Reserving further comment until investigation is complete

The alleged incident did not occur at a nightclub. It happened in the middle of the afternoon. No charges have been filed.

[G_Money]

I hate the offseason so much.

[chazoe60]

Maybe a wrong place wrong time but not really his fault type of situation? I hope that's the case because I always thought of Doom as one of the good guys. I love him for how he handled his contract situation.

[LTC Pain]

If Doom played Safety, this wouldn't have happened!

[HORSEPOWER 56]

The reports are that no official charges were filed and Doom was released at 3 AM this morning. Hopefully, this is much ado about nothing.

[Denver Native (Carol)]

Rod Mackey, ch9 sports said this was a "parking spot dispute"

[Nomad]

Rod Mackey, ch9 sports said this was a "parking spot dispute"

I wish they'd make it legal to shoot at tailgaters on the highway.

[Northman]

Complete idiot.

[Northman]

I don't get this post.... So if someone on this forum does something idiotic, the rest of the forum can't call an athlete an idiot (allegedly at this point) for doing something just as stupid? Look... if you drive drunk you're an idiot. If you carry a gun and get into trouble with it in your possession, you're an idiot. There is no way around it. No one gets a free pass on being stupid in my book.

Doom's actions at this point have not become a constant distraction for the team. As of now, there is no comparison to him and DJ if that's what you are trying to get at with your last point. If Doom continues to get arrested, I'm sure the tune will change. Just like it did with Brandon Marshall at the end of his time in Denver.

Consider the source dude, consider the source.

[camdisco24]

Consider the source dude, consider the source.

I guess I've been away too long. :lol:

[Dzone]

stupid off the field buffoonery can derail a season. Hopefully this isnt the case here

[Superchop 7]

You gotta be kidding me.....a parking spot?

I think ol Doom is wound a bit too tight.

Glad no charges.

[broncofaninfla]

Even if they aren't any charges Doom can still face a suspension from Goodell. He's already proven he'll do it, just ask Big Ben in Pittsburg.

[rationalfan]

I don't get this post.... So if someone on this forum does something idiotic, the rest of the forum can't call an athlete an idiot (allegedly at this point) for doing something just as stupid? Look... if you drive drunk you're an idiot. If you carry a gun and get into trouble with it in your possession, you're an idiot. There is no way around it. No one gets a free pass on being stupid in my book.

Doom's actions at this point have not become a constant distraction for the team. As of now, there is no comparison to him and DJ if that's what you are trying to get at with your last point. If Doom continues to get arrested, I'm sure the tune will change. Just like it did with Brandon Marshall at the end of his time in Denver.

people can say whatever they want, and they do - myself included. i just get tired of people on here ripping on players for doing ANYTHING stupid, as if they/we are immune to idiocy. hey, i've done it too. but so much of it reads like a 'holier than thou' vibe from people who are just as flawed as the morons they're ripping (myself included).

source considered.

[Davii]

Well, hopefully he doesn't get charged with anything. Dumervil always seems like one of the guys that has his head on straight so I don't think you'll see many people bashing him. Hopefully, no matter what happened, he learns from it and doesn't put himself in a similar situation again.

[SR]

people can say whatever they want, and they do - myself included. i just get tired of people on here ripping on players for doing ANYTHING stupid, as if they/we are immune to idiocy. hey, i've done it too. but so much of it reads like a 'holier than thou' vibe from people who are just as flawed as the morons they're ripping (myself included).

source considered.

I think a lot of it stems from the fact that these guys are pro athletes that are in the public eye. People like me and you buy jerseys with these guys' names on them and we root for them week in and week out. If anyone SHOULD do everything they can to keep themselves out of the negative spotlight, it should be these guys. Look at Brandon Marshall. Never hear a good thing about him in the media. DJ Williams is the same way. To a lot of people, what they see of a player in the media is what they equate with that person forever. If some third string left out player wants to go get a DUI or get arrested at a club then oh well, but not guys like Elvis who are part of the collective face of this franchise.

Just my $.02

[Mr. Pro Bowl]

This is not good. Broncos' Dumervil charged with aggravated assault (http://sportsillustrated.cnn.com/2012/football/nfl/07/15/broncos-elvis-dumervil-aggravated-assault.ap/index.html?sct=hp_t2_a11&eref=sihp)

[SoCalImport]

This is not good. Broncos' Dumervil charged with aggravated assault (http://sportsillustrated.cnn.com/2012/football/nfl/07/15/broncos-elvis-dumervil-aggravated-assault.ap/index.html?sct=hp_t2_a11&eref=sihp)

why is that SI piece any more "not good"? did you mean to link something else?

[Denver Native (Carol)]

This is not good. Broncos' Dumervil charged with aggravated assault (http://sportsillustrated.cnn.com/2012/football/nfl/07/15/broncos-elvis-dumervil-aggravated-assault.ap/index.html?sct=hp_t2_a11&eref=sihp)

The Denver Post, ESPN, and the NFL website are all still stating that he was arrested, but no charges have been filed yet.

[ShaneFalco]

UPDATE: Dumervil's agent, Marty Magid, told NFL.com in an email, "No charges have been filed against Elvis. No assault took place. It is likely that when the police have completed their investigation, no charges will be filed against Elvis."

[Magnificent Seven]

If Elvis Dumervil gets suspended for games, Malik Jackson is our guy. I am not going to worry about Dumervil.

[underrated29]

If Elvis Dumervil gets suspended for games, Malik Jackson is our guy. I am not going to worry about Dumervil.



I'm sorry but that's like saying if Shannon sharpe got hurt that Richard Quinn could step right in and Be our guy

[sneakers]

Von Miller will be abducted by Aliens in 2 weeks.

[Magnificent Seven]

I'm sorry but that's like saying if Shannon sharpe got hurt that Richard Quinn could step right in and Be our guy

Well, I understand your opinion. However, Jackson is a hard worker who always pursues the football. His explosive first step allows him to create pressure on the quarterback. His quick and violent hands help him remain clean while working his way into the backfield.

I think Jackson will have an immediate impact in the NFL. His ability to get after the quarterback will help him force his way onto the field, and Jackson could end up being one of the bigger steals in this entire draft. It's hard to find a player who can rush the passer from both the end and tackle position.

At the very least, he will get on the field as a pass-rush specialist early in his career. However, he has the talent needed to be an immediate starter. He'll likely make his way onto the field quickly due to his explosiveness and versatility.

I believe in Malik Jackson.

[Mr. Pro Bowl]

The Denver Post, ESPN, and the NFL website are all still stating that he was arrested, but no charges have been filed yet.

Thanks Carol, but they also are reporting that he was NOT only arrested but that he was charged.

[MasterShake]

people can say whatever they want, and they do - myself included. i just get tired of people on here ripping on players for doing ANYTHING stupid, as if they/we are immune to idiocy. hey, i've done it too. but so much of it reads like a 'holier than thou' vibe from people who are just as flawed as the morons they're ripping (myself included).

source considered.

I can agree with you to a point. I can only speak for myself but last week when I said I wouldn't care if DJ Williams was cut it was because his idiotic behavoir was becoming a trend instead of the exception. That wasn't me jumping to conclusions or having a gut reaction to someone making a mistake, that was me becoming apathetic towards a bonehead player on my favorite team. When DJ got arrested for a DUI, I gave him the same benefit of the doubt I am giving Dumervil right now because yes, we all make mistakes. Until all the facts come out in this case, I'm just gonna keep an eye on it and hope for the best.

[Chef Zambini]

we dont know the details we barely know the curcumstances. the ONLY conclusion I cAN DRAw IS THAT ELVIS had a permit for the gun, otherwise there would be additional charges.
that is the ONLY conclusion on my mat that I will jump to.
I hope the charges are dismissed, i hope the parking lot in question has a CC monitor and elvis will be vindicated.
MIAMI, the dude is from there, he lives there, folks chastizing him for being there are being a-holes !
those who assumed he was in a nightclub also need to slap themselves for jumping to that spot on their conclusion map !
I will say this, athleteds and celebs need to avoid conflict, back away, even when they are in the right!
lots of clowns out there looking for attention and opportunity.

[threefolddead]

Denver Post just shot out an email saying it was road rage related

[Dzone]

Get used to Von-Doom being changed to Von-Jackson...:pound:

[Chef Zambini]

DP do your job ! at the very least you can report on what the other driver was arrested / charged with !
that should be public record, give us facts, not speculation !

[Dzone]

Denver Post just shot out an email saying it was road rage related
Well, thats poor anger management on his part and he could be in some serious trouble. I hope none of it is true.
Of course his agent is saying he is innocent, but eye witnesses were there. This could be very serious. Not sure how close this is to the Rolando Mclain incident, but Mclain went to jail iirc.
http://www.denverpost.com/broncos/ci_21085119/police-road-rage-incident-led-elvis-dumervils-arrest

[Chef Zambini]

Well, thats poor anger management on his part and he could be in some serious trouble. I hope none of it is true.
Of course his agent is saying he is innocent, but eye witnesses were there. This could be very serious. Not sure how close this is to the Rolando Mclain incident, but Mclain went to jail iirc.
http://www.denverpost.com/broncos/ci_21085119/police-road-rage-incident-led-elvis-dumervils-arrestthanks for posting this follow up article.
if its contents are true,
and the victoria secret's employees account is very revealing,
then our boy elvis is an idiot and is in serious trouble !
lying to the police officer about the existense of a gun was further stoopidity !
and it will definatly infuence the DA and the judge!
this is not good, it is about as bad as it can get !
STEINBERG better find a bus full of nuns on this one !
or influence the witness into having second thoughts about what she saw... pull an andy petite !

[Nomad]

Denver Post just shot out an email saying it was road rage related

Yep.....everyone is always in a rush nowadays. Instead of leaving a little earlier, they wait till the last minute then drive like maniacs.

The best one I see quite often is when you're driving in the right hand lane doing the speed limit, the exit is a 1/4 mile or less away and some ******* rides your ass then passes, only to cut you off to take the exit. And you wonder why there is road rage.

[OrangeHoof]

The Victoria's Secret employee further stated that during the argument the driver of the White Impala threw an unknown object that struck Dumervil's Land Rover.

I know that would set me off. It seems like the other driver was either equally stupid or was baiting Dumervil and his friend. It seems like Doom and his friend flashed weapons but that is as far as they took it. I could see a fine but I don't think it will get to the level of jail time or an NFL suspension.

[BigDaddyBronco]

I know that would set me off. It seems like the other driver was either equally stupid or was baiting Dumervil and his friend. It seems like Doom and his friend flashed weapons but that is as far as they took it. I could see a fine but I don't think it will get to the level of jail time or an NFL suspension.

Flashing a gun is often charged as assault in several states. I think I read it was a class 3 felony assault which would seem appropriate for showing someone your gun during a road rage incident. Hopefully, if this is the case, Doom can get it plead down to something else and not have to serve any time.

[Dzone]

This story is worthless without pics of the Victoria Secret Employee!!!!

[Nomad]

I love when tough guys, especially a football player, have to resort to brandishing a weapon instead of confronting an individual and using their fists (if needed).

[BigDaddyBronco]

I love when tough guys, especially a football player, have to resort to brandishing a weapon instead of confronting an individual and using their fists (if needed).

Well these days when you get in a road rage incident in Miami and get out to duke it out you get jumped by a Haitain zombie on bath salts. It's probalby a better idea to stay home.

[Fullback32]

Dang Elvis, what were you thinking? Oh yeah, you weren't.

"...you get jumped by a Haitain zombie on bath salts." Quote of the Day!

[Chef Zambini]

Flashing a gun is often charged as assault in several states. I think I read it was a class 3 felony assault which would seem appropriate for showing someone your gun during a road rage incident. Hopefully, if this is the case, Doom can get it plead down to something else and not have to serve any time.lying to the officer about the gun will reduce his chances for a plea-down ! did elvis not attend the rookie symposium?
they cover this exact kind of situation ! was he sleeping in the back of the room?
stoopid, plain and simple, immature bravado, what an ass !

[weazel]

delta bravo

[NightTerror218]

what the frick

[blamkin86]

I know Elvis shouldn't have shown the gun - and I totally agree that what the hell happened to verbally confronting someone -

But seriously, some dude in a white impala cuts me off in traffic, throws something at my car, and (it appears) absolutely nothing happens? That's BS too.

[Nomad]

I know Elvis shouldn't have shown the gun - and I totally agree that what the hell happened to verbally confronting someone -

But seriously, some dude in a white impala cuts me off in traffic, throws something at my car, and (it appears) absolutely nothing happens? That's BS too.

Yes it is BS about the road rage but I would think Doom could hold his own without a weapon, then again BDB has a point.....it is Miami and you could get eaten:lol:. I don't know the situation but it seems nowadays people grab for the weapon first in an altercation before thinking of the consequences later. The State Troopers up here will tell you if you are in a road rage incident, try to remain calm and call them because more than likely, the other driver is carrying a weapon.

Then again, it's no different than the old western days.

[blamkin86]

it is Miami and you could get eaten:lol:. .

Yes, that was awesome.

[Mike]

I know Elvis shouldn't have shown the gun - and I totally agree that what the hell happened to verbally confronting someone -

But seriously, some dude in a white impala cuts me off in traffic, throws something at my car, and (it appears) absolutely nothing happens? That's BS too.

Yeah. You got to represent. Nomsayin. Can't be disrepected like dat. /nt srs

In this crazy world, let it go and get on with your life. If reports are accurate he will deserve what he gets for being a dumbass.

[catfish]

I know Elvis shouldn't have shown the gun - and I totally agree that what the hell happened to verbally confronting someone -

But seriously, some dude in a white impala cuts me off in traffic, throws something at my car, and (it appears) absolutely nothing happens? That's BS too.

write down his plates and call them in...police will go have a chat with him. You don't ever show a gun unless you plan on using it. Flashing a gun is a felony, he will be lucky to not have a year in jail. I drive around town with a gun all the time, doesn't mean I get to flash it at the dozen or so jackasses I deal with in trafic on a daily basis.

[MOtorboat]

Yes it is BS about the road rage but I would think Doom could hold his own without a weapon, then again BDB has a point.....it is Miami and you could get eaten:lol:. I don't know the situation but it seems nowadays people grab for the weapon first in an altercation before thinking of the consequences later. The State Troopers up here will tell you if you are in a road rage incident, try to remain calm and call them because more than likely, the other driver is carrying a weapon.

Then again, it's no different than the old western days.

He is undersized for his position.

[Chef Zambini]

what position is that, guilty position/
up shiot creek position?
.
He is undersized for his position.his prior of driving on a suspended license will also be a factor in this case, a history of dis-respect for law, judgements, lying to the police officer, the DA is going to make a hard case against elvis, and i doubt the judge will overlook his history of defiance and lack of anger management.
this will not be swept under the rug, or pled to a lesser charge!
aparently the impla owner was not charged, steinberg has his work cut out for him !
even if elvis manages to esc ape the wrath of the court, he wont be finding any sympathy from the commish !
thius was lame, elvis failed to use his brainand hurt his team in the process

[Chef Zambini]

Yeah. You got to represent. Nomsayin. Can't be disrepected like dat. /nt srs

In this crazy world, let it go and get on with your life. If reports are accurate he will deserve what he gets for being a dumbass.that might be prison time !
he may face a minnimum like NYC law that put another NFL moron behind bars !

[NightTerror218]

that might be prison time !
he may face a minnimum like NYC law that put another NFL moron behind bars !

NY gun laws are way more strict than Miami and he did not fire it in public place.

[MOtorboat]

that might be prison time !
he may face a minnimum like NYC law that put another NFL moron behind bars !

I HIGHLY doubt Dumervil does prison time.

[LTC Pain]

Details per Rotoworld. Not good for Doom. And if Doom did in fact "flash a gun" and lie about it being in the car, then he's just as stupid as DJ, moreso.

A road rage incident led to the felony arrest of Broncos RE Elvis Dumervil Saturday, according to Miami Beach police.
Dumervil was driving with a friend in South Beach when another car cut them off. An argument ensued with horn blowing, verbal threats and name calling, according to police. The accusers and a witness both say that Dumervil and his friend then approached the other car, each lifting up their shirts to display guns. When police arrived, Dumervil was asked if there was a gun in his car and he "stated no." Once the gun was found in the glove department, he was taken to jail on a charge of assault with a deadly weapon. The two-time Pro Bowler could be facing league discipline -- especially if formal charges are filed.

[GEM]

This exact scenario happened to me on Thursday. I was merging from I70 to I25 and some dude comes up on my left side, almost clips my front end cutting me off. I honk at him, he shoots out the middle finger at me. I flipped him off in return. Dude decided to brake check me big time, I almost eat his back end and the guy behind me almost eats my back end. I stayed back from the guy and the guy behind me jumped in front of me, went up on the guy starting the shit, gets next to him and corners him off to the shoulder. I pulled over and watched as the guy that was behind me about beat the crap out of the other guy. I got his license plate, called it into the cops and went on about my day. Drivers are effing crazy!

Hope this goes ok for Doom, but he doesn't have to be found guilty to get suspended. It sounds like he has some anger issues.

[GEM]

Just think of JR if he were still here....that one trick pony, blah. blah. blah. :lol:

[Mike]

This exact scenario happened to me on Thursday. I was merging from I70 to I25 and some dude comes up on my left side, almost clips my front end cutting me off. I honk at him, he shoots out the middle finger at me. I flipped him off in return. Dude decided to brake check me big time, I almost eat his back end and the guy behind me almost eats my back end. I stayed back from the guy and the guy behind me jumped in front of me, went up on the guy starting the shit, gets next to him and corners him off to the shoulder. I pulled over and watched as the guy that was behind me about beat the crap out of the other guy. I got his license plate, called it into the cops and went on about my day. Drivers are effing crazy!

Hope this goes ok for Doom, but he doesn't have to be found guilty to get suspended. It sounds like he has some anger issues.

People are nuts. There are things worth fighting and dying for. Road rage ain't one of them. Had a friend who was shot and killed in high school during a road rage incident. Best thing to do is exactly what you did, call the cops and give them the license plate number.

[Chef Zambini]

I HIGHLY doubt Dumervil does prison time.your doubt is meaningless. what does matter is how the lawas are written in florida. mandatory sentence , means mandatory !
no judge is going to go easy on a celebrity.
same with the DA !
the WITNESS called police based on the brandishing of weapons so there was definatly an impied threat !
the lying to the officer and dooms previous behavior of driving on a suspended license will all factor into this verdict !

[LawDog]

... Flashing a gun is a felony, ...

Not true, Brandishing a firearm in FL is a misdemeanor. If the weapon is held or carried in an unsafe manner in the presence of other people it is brandishing. If the suspect threatens by word or conduct using a firearm resulting in actual fear then it is aggravated assault with a firearm which is indeed a felony.

Just for clarification.

Also, the brandishing misdemeanor carries up to a year in jail and/or a fine of $1,000.

[Chef Zambini]

law dog, he was charged with the FELONY, not the misdemeanor ! His threatening actions caused a third party to call the police !
he exited his vehicle and aproached the other driver, they displayed their weapons in unison! they were not lifting their shirst to get comfort from the florida heat, this was a deliberate, threatening act, exasserbated by elvis then LYING to the police officer !
which is also a likely felony and one the DA will act on !

[catfish]

Not true, Brandishing a firearm in FL is a misdemeanor. If the weapon is held or carried in an unsafe manner in the presence of other people it is brandishing. If the suspect threatens by word or conduct using a firearm resulting in actual fear then it is aggravated assault with a firearm which is indeed a felony.

Just for clarification.

Also, the brandishing misdemeanor carries up to a year in jail and/or a fine of $1,000.

If he wore the gun so others could see it it would be brandishing like open carrying it. He flashed it in a threatening manner in a road rage incident, which would be aggravated assualt(unless I misread the law) if the charges stick. Aggravated assualt with a firearm in florida carries a 3 year minimum sentence

edit :rereading the law..if he didn't draw it, it shoud be brandishing, at the very least he will plead it down and pay the fine

http://www.floridafirearmslaw.com/Improper-Exhibition-Firearm-Weapon.html

[Buff]

I sort of hope he does prison time just for being excessively, egregiously, incomprehensibly stupid.

[Timmy!]

I like how zam has turned into the prosecuting attorney in a couple pages.....

[Timmy!]

According to nfl.com, Dooms arraignment isnt until 8-13, so the DA has until that time to see if they want to file formal charges. Oh goody. Based on what i've read jail time seems unlikely.....but id bet we can kiss Doom goodbye for a handful of games though. Dumbass.

[LawDog]

law dog, he was charged with the FELONY, not the misdemeanor ! His threatening actions caused a third party to call the police !
he exited his vehicle and aproached the other driver, they displayed their weapons in unison! they were not lifting their shirst to get comfort from the florida heat, this was a deliberate, threatening act, exasserbated by elvis then LYING to the police officer !
which is also a likely felony and one the DA will act on !

He has not yet been charged with a crime. He was arrested on a charge of aggravated assault with a firearm which is not the same thing. Also, I wasn't commenting on what Mr. Dumerville did or did not do, I was simply correcting the statement that "flashing" a gun is felony - it is not.

[catfish]

According to nfl.com, Dooms arraignment isnt until 8-13, so the DA has until that time to see if they want to file formal charges. Oh goody. Based on what i've read jail time seems unlikely.....but id bet we can kiss Doom goodbye for a handful of games though. Dumbass.

the lawyers will muddy up the waters with he said/she said account of the incident, he will walk with a small fine

[PatriotsGuy]

ooh ooh can I be that other team fan that subtly trolls this thread

[Denver Native (Carol)]

In addition to Stand Your Ground, dozens of gun rights laws have sailed through Florida’s Legislature in the last decade, making the state a Second Amendment trailblazer for the rest of the nation


Lists Florida's gun laws

http://www.miamiherald.com/2012/03/27/2725483/florida-fertile-ground-for-pro.html

[slim]

ooh ooh can I be that other team fan that subtly trolls this thread

No, but you can shut your effing pie hole and G T F back in the lounge.

[PatriotsGuy]

Well dang, WTE wouldn't have even asked!

[tomjonesrocks]

Hmm. When I bought my 6 year old daughter a Doom jersey, thought I had repped an upstanding citizen.

Facts may come out, but this is a disappointment.

[G_Money]

I understand that getting cut off, screamed at, having people get out of their car and scream at you more and then throw a rock off the hood of your very expensive car can be really frustrating. I would not have handled it well. One reason I don't carry - too many stupid people in this world who ask to get shot in the face.

Doom apparently said nothing, just got out, flashed the gun in his waistband as a "move on, moron" and they quickly did...and then they called the cops. Elvis would have been better off calling the cops himself, but as a large black man (well, medium-sized with long arms) carrying a gun I understand why he might not have wanted to do that either.

And now he'll have to explain that, pay his fine, do his community service and potentially serve a Goodell suspension for the choice he made.

~G

[BroncoWave]

For everyone worried about him being suspended, Schefter said on ESPN that's unlikely unless something actually comes of the charges.

[MOtorboat]

For everyone worried about him being suspended, Schefter said on ESPN that's unlikely unless something actually comes of the charges.

Did Schefter say anything about the CBA, and what it says. Do players now have to be convicted of something to receive a suspension?

[Cugel]

I can understand carrying a gun when you're wealthy and a noted pro athlete. But assaulting someone with it? Idiot

I can NOT understand carrying a gun if you're a rich pro-athlete!

These idiots can easily afford to HIRE A SECURITY GUARD to travel around with them! The guard carries the gun, and deals with morons who want to hassle the athlete. It probably costs maybe $60,000 a year or so . . . and he's making what? $4million a year NOT including his signing bonus?


7/22/2010: Signed a six-year, $61.5 million contract. The deal contains $43.156 million guaranteed, including a $3 million signing bonus and Dumervil's first, second, and third years' base salaries. (http://www.rotoworld.com/teams/contracts/nfl/den/broncos) 2012: $14 million, 2013: $12 million, 2014: $10 million, 2015: $8,193,335, 2016: Free Agent

The guard drives the car so you have a chauffeur, and thus can drink whenever you want and won't get a DUI. Go to parties, get drunk, do whatever. Let the security guard handle it.

The interesting parts of the police report:

1. It was reported by a woman from "Victoria's Secret." ?

2. Dumervil has been cited 6 times previously for speeding and driving without a license. (No record of how many convictions).

This just adds to the "hire a body-guard/chauffeur" idea.

Frankly, I think the NFL ought to hire bodyguard/chauffeurs for every player and take it out of their salaries just to avoid trouble. As long as you're in the NFL you get a "minder" to keep the players out of jail.

It would sure cut down on DUIs and other traffic related offenses, plus weapons charges. And frankly that's about 90% of the trouble NFL players get into.

And it isn't that expensive compared with the cost to the league in dealing with all these player infractions, plus the cost to business of all the negative publicity.

[Cugel]

In addition to Stand Your Ground, dozens of gun rights laws have sailed through Florida’s Legislature in the last decade, making the state a Second Amendment trailblazer for the rest of the nation

Let's hope not! The last thing we need is more idiots with guns shooting people under questionable circumstances. (And that's exactly what idiots with guns do, think that they can solve some problem with a gun, then get into a violent confrontation and wind up shooting somebody -- like a "suspicious" teenager who was "wearing a hoodie" and thus is a prime suspect for some neighborhood vigilante to follow and stop and shoot. :coffee:

[Cugel]

For everyone worried about him being suspended, Schefter said on ESPN that's unlikely unless something actually comes of the charges.

His attorney says he's "confident" the charges will be dismissed. If I were his attorney I wouldn't be so confident.

If the eye-witness testimony (and the testimony of the drivers of the White Impala are to be believed, Dumervil left his vehicle and went over to the driver's (woman's) side of the vehicle and after his friend got into a violent argument with the driver, Dumervil pulled up his shirt and showed his gun.

That sounds like felony menacing to me. Perhaps in Florida's gun-nut culture that counts as a friendly "howdy", I don't know. :noidea:

[GEM]

For everyone worried about him being suspended, Schefter said on ESPN that's unlikely unless something actually comes of the charges.

Tell that to Big Ben.

[Denver Native (Carol)]

Miami Beach police detective Vivian Hernandez confirmed to NFL.com and NFL Network on Monday that Denver Broncos outside linebacker Elvis Dumervil was in fact charged with felony aggravated assault with a deadly weapon Saturday night in Miami Beach, Fla. Previously, it had been reported that Dumervil had just been arrested and not charged.

The charge -- and the details released to NFL.com and NFL Network on Monday in a police incident report -- increases the chances of Dumervil facing NFL discipline at some point.

UPDATE: Terry Chavez, spokesperson for Miami-Dade state attorney Katherine Fernandez Rundle, told NFL.com and NFL Network that Dumervil's arraignment is scheduled for Aug. 13 at 9 a.m. ET before judge Darrin Gayles.

The state attorney's office will have until that time to decide whether or not to file formal charges against the Bronco.

rest - http://www.nfl.com/news/story/09000d5d82a9466b/article/elvis-dumervil-allegedly-showed-gun-in-traffic-dispute?module=HP11_headline_stack

[vettesplus]

mr. Dumervil, mr. Goodell would like to see you in his office, see ya....so who is the back-up ?

[Denver Native (Carol)]

mr. Dumervil, mr. Goodell would like to see you in his office, see ya....so who is the back-up ?

According to the roster, there are 8 DE's, including Dumervil - http://www.denverbroncos.com/team/roster.html

[MOtorboat]

Probably Hunter and Ayers would play rushing situations at DE, and Ayers and Miller would play passing situations at DE.

[Denver Native (Carol)]

I did not take the time to see if this had already been posted:


Embedded below is the complete police report from Elvis Dumervil’s arrest in Miami. Certain personal information has been redacted.

http://blogs.denverpost.com/broncos/2012/07/16/police-report-elvis-dumervils-arrest-miami/14278/?utm_source=dlvr.it&utm_medium=twitter

[Chef Zambini]

His attorney says he's "confident" the charges will be dismissed. If I were his attorney I wouldn't be so confident.

If the eye-witness testimony (and the testimony of the drivers of the White Impala are to be believed, Dumervil left his vehicle and went over to the driver's (woman's) side of the vehicle and after his friend got into a violent argument with the driver, Dumervil pulled up his shirt and showed his gun.
sounds like felony menaci
That ng to me. Perhaps in Florida's gun-nut culture that counts as a friendly "howdy", I don't know. :noidea:


Perhaps in Florida's gun-nut culture that counts as a friendly "howdy", I don't know

this made me laugh out load !
G-money, a third party witness caLLED THE COPS!
dooms actions evoked her call, I dont know if not having a holster hurts or helps dooms cause, likely it does not, but then again who knows in a southern red-neck state?
after the plaxico fiasco, doom still shoves his gun down his pants/
this makes DJ look like a scholar !
the more details cpome out, the more likely doom is going to get his arse handed to him by the DA and the judge!


lying to the cop and driving on a suspended license(previous) indicate an above the law attitude and that will not meet with a favorable response by prosecutor and judge !

[MOtorboat]

How the hell does Zam know how these people think?

It's a cool trick, I wish he'd let us know how it works.

[Chef Zambini]

it's a gift.

[NightTerror218]

How the hell does Zam know how these people think?

It's a cool trick, I wish he'd let us know how it works.

crystal ball with a side of cole slaw and a hint of lemon

[Chef Zambini]

what would compell the DA or judge to show doom any leniancy?
are they bronco fans?
was the driver/ occupant of the impala arrested or charged with ANY infraction?
Is there a witness that says doom was justifiably provoced?
is it OK to lie to a police officer in florida?
tell me mo, what is dooms defense?

[MOtorboat]

what would compell the DA or judge to show doom any leniancy?
are they bronco fans?
was the driver/ occupant of the impala arrested or charged with ANY infraction?
Is there a witness that says doom was justifiably provoced?
is it OK to lie to a police officer in florida?
tell me mo, what is dooms defense?

Because he has a lawyer who is going to money up and cost the system a bunch of money, so they'll plea it out, and probably pretty quick.

[slim]

what would compell the DA or judge to show doom any leniancy?
are they bronco fans?
was the driver/ occupant of the impala arrested or charged with ANY infraction?
Is there a witness that says doom was justifiably provoced?
is it OK to lie to a police officer in florida?
tell me mo, what is dooms defense?

Well, we got an attractive woman, wearing a bra, no top, walkin' around in broad daylight. She's flouting society's conventions! That's totally inappropriate. It's lewd, lascivious, salacious, outrageous!

[slim]

If the glove don't fit, you must acquit!

[Chef Zambini]

According to the Florida State Statutes, 784.011 and 784.021, if Dumervil did indeed approach the victim's vehicle and displayed a gun, he would have met the requirements for conviction of aggravated assault, and apparently there is a corroborating independent witness that saw such an action.


Read more: Elvis Dumervil's arrest in Miami from road rage incident, police say - The Denver Post http://www.denverpost.com/broncos/ci_21085119/police-road-rage-incident-led-elvis-dumervils-arrest#ixzz20pKU2QFi
Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse

[slim]

It's outrageous, egregious, preposterous!

[Chef Zambini]

mo, it was his AGENT who said the charges will go away, his agent!
steinberg, the lawyer, who understands the law, has declined comment.

[MOtorboat]

mo, it was his AGENT who said the charges will go away, his agent!
steinberg, the lawyer, who understands the law, has declined comment.

So?

[MOtorboat]

And actually, Steinberg has spoken:


Attorney Harvey Steinberg told ESPN’s Adam Schefter that he believes Dumervil will be cleared after authorities in Miami complete their investigation.

“No charges have been filed,” Steinberg said. “No aggravated assault or assault took place. And it is likely that once the full investigation is complete, no charges will be filed against Mr. Dumervil.”

http://profootballtalk.nbcsports.com/2012/07/15/elvis-dumervils-lawyer-it-is-likely-no-charges-will-be-filed/

[Chef Zambini]

Oh Jimminy Christmas. With a gun?so?

[MOtorboat]

so?

So Steinberg is just going to throw up a white flag on this one and do nothing?

And I can make the distinction between me judging Dumervil, and what will likely happen in a court of law? Can you?

[slim]

So?

[slim]

Zam, you are in San Diego this week. Aren't you?

[GEM]

rest - http://www.nfl.com/news/story/09000d5d82a9466b/article/elvis-dumervil-allegedly-showed-gun-in-traffic-dispute?module=HP11_headline_stack

The first line of that and the last line don't go together... if he was already charged, why would the prosecutor's office need to decide if formal charges need to be filed?

[MOtorboat]

The first line of that and the last line don't go together... if he was already charged, why would the prosecutor's office need to decide if formal charges need to be filed?

I'm not sure why a detective would make that statement, but she did. At least in the two states I've lived in, it's up to the DA to file charges not the police.

[slim]

The first line of that and the last line don't go together... if he was already charged, why would the prosecutor's office need to decide if formal charges need to be filed?

Yeah, I think that journalist is only writing at a 3rd grade level. He really needs to step up his game.

[Denver Native (Carol)]

The first line of that and the last line don't go together... if he was already charged, why would the prosecutor's office need to decide if formal charges need to be filed?

I agree - I don't know, unless "charges" and "formal charges" are two different things????????

EDIT - apparently, they are two different things. Appears that the first charges come from the police, which makes sense, as Dumervil was arrested, so it needs to be on paper what he did to be arrested.

Filing Formal Charges


Just because you have been arrested does not mean that you will actually be charged with a crime. After being arrested, the State Attorney reviews the Law Enforcement Officer's charging affidavit that describes the incident that led to your arrest.

Many times the State Attorney's Office will find that the Law Enforcement Officer narrative does not rise to the level of a crime, or they find that the offenses charged by Law Enforcement are excessive and the State Attorney's Office files lesser charges.

This is a crucial time, because many times I can intervene with the State Attorney's Office and persuade them that not to file formal charges, or to file lesser charge that are more appropriate for your conduct. The worst thing that could happen would be if the State Attorney's Office filed the most severe charges possible for your facts. That puts us at a disadvantage in future negotiations.

http://www.richardhornsby.com/criminal/guide/formal-charges.html

[honz]

Trade Dumervil!!! What a bum!

[NightTerror218]

According to the Florida State Statutes, 784.011 and 784.021, if Dumervil did indeed approach the victim's vehicle and displayed a gun, he would have met the requirements for conviction of aggravated assault, and apparently there is a corroborating independent witness that saw such an action.


Read more: Elvis Dumervil's arrest in Miami from road rage incident, police say - The Denver Post http://www.denverpost.com/broncos/ci_21085119/police-road-rage-incident-led-elvis-dumervils-arrest#ixzz20pKU2QFi
Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse

Doomer meets 784.011 not 784.021. There was not intent to kill or perform a felony.

784.021 Aggravated assault.—
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

He however meets, which is a misdemeanor.

784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


This is straight from the stuff you posted. Also look at the link Cat posted too. Always points toward the same and does not qualify as brandishing.


My question, when you are "booked" when arrested wouldn't that be your "charge" and "formal" charges being the "legal charges brought against you". I also thought the DA officially charges a person and police arrest and book them.

[Chef Zambini]

Zam, you are in San Diego this week. Aren't you?no, not sure why you think that.

[Chef Zambini]

the DA may file an additional charge as a cosequence of doom lying to the arresting officer !
I doubt that doom will be the benificiary of any leniancy!
his disregard for the law,in this incident and his previous conviction of driving on a suspenmded license will merit harsh response from both the DA and the judge.
a slap on the hand has obviously failed to generate a more civilized elvis.
My guess is prosecution to the full extent and jail time.
JMHO, and I have no sympathy for Mr. Doom, who acted like a moron !

[Chef Zambini]

...now if they can get the victoria secret employee to pull an andy petit, doom may get off !

[MOtorboat]

the DA may file an additional charge as a cosequence of doom lying to the arresting officer !
I doubt that doom will be the benificiary of any leniancy!
his disregard for the law,in this incident and his previous conviction of driving on a suspenmded license will merit harsh response from both the DA and the judge.
a slap on the hand has obviously failed to generate a more civilized elvis.
My guess is prosecution to the full extent and jail time.
JMHO, and I have no sympathy for Mr. Doom, who acted like a moron !

The DA and the judge are not allowed, BY LAW to make his penalty stiffer because of separate incidents, unless he's already on probation for the previous offenses or is deemed a habitual criminal and to be deemed a habitual criminal, at least in my state, you have to have gone to prison numerous times for that statute to take affect.

Because he has not been convicted of previous assaults, this isn't a case where the judge, or the DA, can enhance penalties. He does not have a significant record, by any means, and likely didn't commit the misdemeanor crimes in the same jurisdiction. Usually, judges only get irate when they see the same person on multiple occasions.

And to think that Steinberg isn't going to do anything is just plain ignorant.

[NightTerror218]

the DA may file an additional charge as a cosequence of doom lying to the arresting officer !
I doubt that doom will be the benificiary of any leniancy!
his disregard for the law,in this incident and his previous conviction of driving on a suspenmded license will merit harsh response from both the DA and the judge.
a slap on the hand has obviously failed to generate a more civilized elvis.
My guess is prosecution to the full extent and jail time.
JMHO, and I have no sympathy for Mr. Doom, who acted like a moron !

I may be wrong but I heard he was only given citation never convicted of driving under suspended license. You would think he would have no drivers licensee if those actually stuck and stayed on his record.

[Chef Zambini]

he pled guilty.
so I guess he got convicted of driving on a suspended license.
its not like chopping down dads cherry tree.

[MOtorboat]

he pled guilty.
so I guess he got convicted of driving on a suspended license.
its not like chopping down dads cherry tree.

Sounds like a real hardened criminal.

[OrangeHoof]

This exact scenario happened to me on Thursday. I was merging from I70 to I25 and some dude comes up on my left side, almost clips my front end cutting me off. I honk at him, he shoots out the middle finger at me. I flipped him off in return. Dude decided to brake check me big time, I almost eat his back end and the guy behind me almost eats my back end. I stayed back from the guy and the guy behind me jumped in front of me, went up on the guy starting the shit, gets next to him and corners him off to the shoulder. I pulled over and watched as the guy that was behind me about beat the crap out of the other guy. I got his license plate, called it into the cops and went on about my day. Drivers are effing crazy!

Hope this goes ok for Doom, but he doesn't have to be found guilty to get suspended. It sounds like he has some anger issues.

Bet it would have been different if you had flashed your guns.

[catfish]

willing to bet he pleads it to misdemeanor brandishing(showing a firearm in a rude or threatening manner) pays his fine and moves on with life

[OrangeHoof]

Doomer meets 784.011 not 784.021. There was not intent to kill or perform a felony.

784.021 Aggravated assault.—
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

He however meets, which is a misdemeanor.

784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


This is straight from the stuff you posted. Also look at the link Cat posted too. Always points toward the same and does not qualify as brandishing.


My question, when you are "booked" when arrested wouldn't that be your "charge" and "formal" charges being the "legal charges brought against you". I also thought the DA officially charges a person and police arrest and book them.

In Florida, the charges can be stiffer if the victim is wearing a hoodie and is of an ethnic background that the media enables.

[chazoe60]

willing to bet he pleads it to misdemeanor brandishing(showing a firearm in a rude or threatening manner) pays his fine and moves on with life

Even if that happens Goodell is going to nail his ass to the wall. 4 games minimum

[catfish]

Even if that happens Goodell is going to nail his ass to the wall. 4 games minimum

That is a whole nuther issue. As far as legally I think he is clear, NFL penalty, you may be right.

Florida is weird with it's gun laws, pretty easy to get a conceal and carry license(it took 15 minutes for me to get one), not much penalty for showing a gun, huge penalties for using one in a crime

[Chef Zambini]

Even if that happens Goodell is going to nail his ass to the wall. 4 games minimum
well the national media is not clinging to this story so we can always hope it wont garner his intention. a conviction, would however, generate more wrath.
and goodell wants NFL players to give up their gun toting mentality so this will not sit well with his highness.
why do i fgeel like a saints fan allof a sudden?

[catfish]

In Florida, the charges can be stiffer if the victim is wearing a hoodie and is of an ethnic background that the media enables.

lets not get started on that. I gotta deal with that crap every day. Half of my territory is Orlando

[Chef Zambini]

"i got me a gun"
just a floridian way of sayin, "howdy' .
what about lying to an arresting officer, especially with regard to a weapon in a vehicle?
is that a floridian way of sayin, "go fish' ?

[catfish]

"i got me a gun"
just a floridian way of sayin, "howdy' .
what about lying to an arresting officer, especially with regard to a weapon in a vehicle?
is that a floridian way of sayin, "go fish' ?

"it's my friends car officer I didn't know it was there"

edit: 2001 survey that shows gun ownership % is higher in colorado than in Florida ;)

http://www.washingtonpost.com/wp-srv/health/interactives/guns/ownership.html

[Chef Zambini]

"it's my friends car officer I didn't know it was there"a compound lie if the gun is registered in dooms name.
a better answer would have been,
" Yes officer, you will find a loaded gun (caliber) in the glove box of my vehicle."
I am going to bet thaT HAD HE DONE THAT HE WOULD NOW BE IN ALOT LESS TROUBLE.

[Chef Zambini]

"it's my friends car officer I didn't know it was there"

edit: 2001 survey that shows gun ownership % is higher in colorado than in Florida ;)

http://www.washingtonpost.com/wp-srv/health/interactives/guns/ownership.htmlTHATS ONLY BECAUSE THEY DONT TAKE into account those guns being rented thru the local rent-a center.

[catfish]

a compound lie if the gun is registered in dooms name.
a better answer would have been,
" Yes officer, you will find a loaded gun (caliber) in the glove box of my vehicle."
I am going to bet thaT HAD HE DONE THAT HE WOULD NOW BE IN ALOT LESS TROUBLE.

was the gun not found in the mercedes and he was in the land rover? I may have misread

[Chef Zambini]

2001, those are a decade old comparison, apparently florida has passed new laws making it more glamerous to carry a gun.

[SR]

I can NOT understand carrying a gun if you're a rich pro-athlete!

These idiots can easily afford to HIRE A SECURITY GUARD to travel around with them! The guard carries the gun, and deals with morons who want to hassle the athlete. It probably costs maybe $60,000 a year or so . . . and he's making what? $4million a year NOT including his signing bonus?

The guard drives the car so you have a chauffeur, and thus can drink whenever you want and won't get a DUI. Go to parties, get drunk, do whatever. Let the security guard handle it.

The interesting parts of the police report:

1. It was reported by a woman from "Victoria's Secret." ?

2. Dumervil has been cited 6 times previously for speeding and driving without a license. (No record of how many convictions).

This just adds to the "hire a body-guard/chauffeur" idea.

Frankly, I think the NFL ought to hire bodyguard/chauffeurs for every player and take it out of their salaries just to avoid trouble. As long as you're in the NFL you get a "minder" to keep the players out of jail.

It would sure cut down on DUIs and other traffic related offenses, plus weapons charges. And frankly that's about 90% of the trouble NFL players get into.

And it isn't that expensive compared with the cost to the league in dealing with all these player infractions, plus the cost to business of all the negative publicity.

So because he's a rich pro athlete he shouldn't exercise the same constitutional right as rich musicians like Ted Nugent?

I agree with you but just to say he shouldn't carry a gun because he's a rich pro athlete is a cop out.

[Chef Zambini]

the exact police report would be nice, these journalists have mucked up the facts.
its still unclear if the witness was just identified as a victoria secret employee, or actually working inside the victoria secret when she witnessed the assault.
and how the F was this originally reported as a dispute over a parking space/
is traffic in florida really that slow?
back to the facts;
doom LIED about the existence of the gun, in AZ thats a huge offense, we have to declare emmediatly to an officer if a weapon exists in the vehicle, even if we are being stopped for running a stop sign !
that would include an old fishing knife with a blade over 4 inches, let alone a loaded weapon.

[catfish]

2001, those are a decade old comparison, apparently florida has passed new laws making it more glamerous to carry a gun.


here is 2009 background checks by population

http://www.thedailybeast.com/articles/2010/06/28/states-with-the-most-guns.html

[MOtorboat]

the exact police report would be nice, these journalists have mucked up the facts.
its still unclear if the witness was just identified as a victoria secret employee, or actually working inside the victoria secret when she witnessed the assault.
and how the F was this originally reported as a dispute over a parking space/
is traffic in florida really that slow?
back to the facts;
doom LIED about the existence of the gun, in AZ thats a huge offense, we have to declare emmediatly to an officer if a weapon exists in the vehicle, even if we are being stopped for running a stop sign !
that would include an old fishing knife with a blade over 4 inches, let alone a loaded weapon.

Three pages ago.



I did not take the time to see if this had already been posted:


http://blogs.denverpost.com/broncos/2012/07/16/police-report-elvis-dumervils-arrest-miami/14278/?utm_source=dlvr.it&utm_medium=twitter

[NightTerror218]

was the gun not found in the mercedes and he was in the land rover? I may have misread

In Land Rover it was in glove, in Mercedes it was behind/under drivers seat. I believe that was what I read

[catfish]

the exact police report would be nice, these journalists have mucked up the facts.
its still unclear if the witness was just identified as a victoria secret employee, or actually working inside the victoria secret when she witnessed the assault.
and how the F was this originally reported as a dispute over a parking space/
is traffic in florida really that slow?
back to the facts;
doom LIED about the existence of the gun, in AZ thats a huge offense, we have to declare emmediatly to an officer if a weapon exists in the vehicle, even if we are being stopped for running a stop sign !
that would include an old fishing knife with a blade over 4 inches, let alone a loaded weapon.

ask and ye shall receive

http://blogs.denverpost.com/broncos/2012/07/16/police-report-elvis-dumervils-arrest-miami/14278/

(repost of Carol's)

[catfish]

In Land Rover it was in glove, in Mercedes it was behind/under drivers seat. I believe that was what I read

according to the report you are right...currently under arrest for 1 felony, that probably should be a misdemeanor, and another misdemeanor that was comitted by lying

[NightTerror218]

Just read the official police report. My 2 cents.

if the "wife" aka driver was scared for her life and tried to drive away how come she just went around the Mercedes and stopped? You would think she would try to plow her way through and try to put distance between them.

So the "victims" lied and omitting facts about the confrontation. Not mention throwing object at car which would escalating the problem (IMO). Will that have any backlash?

[Timmy!]

This has plea to a lesser charge, pay fine, get yelled at by the comish and suspended a couple games written all over it.

[catfish]

Just read the official police report. My 2 cents.

if the "wife" aka driver was scared for her life and tried to drive away how come she just went around the Mercedes and stopped? You would think she would try to plow her way through and try to put distance between them.

So the "victims" lied and omitting facts about the confrontation. Not mention throwing object at car which would escalating the problem (IMO). Will that have any backlash?

It will be a mitigating factor most likely

[Chef Zambini]

So because he's a rich pro athlete he shouldn't exercise the same constitutional right as rich musicians like Ted Nugent?

I agree with you but just to say he shouldn't carry a gun because he's a rich pro athlete is a cop out.ted nugent is a whack job, bad example.

he has the right to bare arms, he can also wear a long sleeve shirt too!

he does not have the right , in the nidst of a verbal altercation,to exit his vehicle, and walk-up on a trapped motorist and intimidate him by exposing his weapon tucked into his pants like an Al pacino wannabe !
he could have precipitated a gun fight if this impala joker was packing, who could have declared self defense !
then some innocent bystander gets shot while trying on a pair of panties at vickey's !
think about it, you are trapped inbetween two vehicles, they have you blocked, then men exit both vehicles and show their weapons?
if you got a gun, arent you reaching for it at this moment?
isnt this exactly the kind of predicament that would compell you to carry a weapon in your car?
be honest with yourself!
what doom and his buddy did was provocational at the least !If Mr impala was strapped, we would have bigger headlines to disect !
and thats what these laws seek to diminish !
Dooms actions were irresponsable and he wont be getting any sympathy from the judicial system !
nor should he !

[catfish]

This has plea to a lesser charge, pay fine, get yelled at by the comish and suspended a couple games written all over it.

agreed, this is the thug life BS the league is stamping out

[MOtorboat]

ted nugent is a whack job, bad example.

he has the right to bare arms, he can also wear a long sleeve shirt too!

he does not have the right , in the nidst of a verbal altercation,to exit his vehicle, and walk-up on a trapped motorist and intimidate him by exposing his weapon tucked into his pants like an Al pacino wannabe !
he could have precipitated a gun fight if this impala joker was packing, who could have declared self defense !
then some innocent bystander gets shot while trying on a pair of panties at vickey's !
think about it, you are trapped inbetween two vehicles, they have you blocked, then men exit both vehicles and show their weapons?
if you got a gun, arent you reaching for it at this moment?
isnt this exactly the kind of predicament that would compell you to carry a weapon in your car?
be honest with yourself!
what doom and his buddy did was provocational at the least !If Mr impala was strapped, we would have bigger headlines to disect !
and thats what these laws seek to diminish !
Dooms actions were irresponsable and he wont be getting any sympathy from the judicial system !
nor should he !

Except that's not what happened.

[Timmy!]

Except that's not what happened.

But can you imagine if it did? Shenanigans i tell u!

[Chef Zambini]

It will be a mitigating factor most likelyits not clear when the object was thrown, before or after the weapons were revealed.
I doubt the judge will feel any different about dooms actions.
It does not appear that the occupants of the impala were charged, or arrested for anything (reporting being what it is)
so the thrown object will not seem to have any baring.
what is chrystal freakin clear is that doom lied to an officer of the law, and in this state, that is a huge offense !
In florida it may not mean squat.

[MOtorboat]

its not clear when the object was thrown, before or after the weapons were revealed.
I doubt the judge will feel any different about dooms actions.
It does not appear that the occupants of the impala were charged, or arrested for anything (reporting being what it is)
so the thrown object will not seem to have any baring.
what is chrystal freakin clear is that doom lied to an officer of the law, and in this state, that is a huge offense !
In florida it may not mean squat.

You don't really understand much about the legal process, do you?

[Chef Zambini]

Except that's not what happened. no, but had the impala occupants been strapped, the DA will argue that a gun fight might well ahev been the consequence of doom's actions ! thats why they have these laws!
to restrict behavior like dooms!
do you really think the judges in florida want to render a verdict that returns miami to dodge city or tombstone?
you really think the DA is gonna let this slide?
get real.

[NightTerror218]

its not clear when the object was thrown, before or after the weapons were revealed.
I doubt the judge will feel any different about dooms actions.
It does not appear that the occupants of the impala were charged, or arrested for anything (reporting being what it is)
so the thrown object will not seem to have any baring.
what is chrystal freakin clear is that doom lied to an officer of the law, and in this state, that is a huge offense !
In florida it may not mean squat.

The impala people can still be charged with stuff. As more charges can hit Doomer. Also I would take it the rock was thrown before since it his the land rover, and after the guns were shown the driver drove around the Mercedes.

WHO IS DUMB ENOUGH TO THROW AN OBJECT AT PERSON WHO JUST SHOWED YOU A GUN?!?!?!?!

[MOtorboat]

no, but had the impala occupants been strapped, the DA will argue that a gun fight might well ahev been the consequence of doom's actions ! thats why they have these laws!
to restrict behavior like dooms!
do you really think the judges in florida want to render a verdict that returns miami to dodge city or tombstone?
you really think the DA is gonna let this slide?
get real.

See my previous post. No DA argues hypothetical situations. That's what politicians do when they make laws.

[Chef Zambini]

You don't really understand much about the legal process, do you?are you talking to your self ?
you talkin to me?
you talkin to me?

[Denver Native (Carol)]

Mike Klis was just on with Vic on Xfinity Monday Night Live, and talked about the following. He said this will be a "he said" "she said" thing.

From article:


Two sources close to Dumervil, however, said Monday he was not carrying a gun. The police report states a gun was found in the vehicle Dumervil was driving, but the sources say the vehicle and gun did not belong to Dumvervil.

full article - http://www.denverpost.com/broncos/ci_21085119/elvis-dumervil-arrest-miami-road-rage

[Timmy!]

On the next episode of judge Zam, a j-walker is sentenced to 20 years in prison.

[NightTerror218]

no, but had the impala occupants been strapped, the DA will argue that a gun fight might well ahev been the consequence of doom's actions ! thats why they have these laws!
to restrict behavior like dooms!
do you really think the judges in florida want to render a verdict that returns miami to dodge city or tombstone?
you really think the DA is gonna let this slide?
get real.

He is going to get a lesser charge. I hate thugs more then most people based on events in my life, but based off reading the LAWS, they arrested them for the higher charge. I bet the phone call said the guns were pointed as them. I want to hear that phone call.

[MOtorboat]

are you talking to your self ?
you talkin to me?
you talkin to me?

Attorneys can't argue hypothetical conclusions. They have to argue facts. So, yes, I am talking to you.

[SR]

ted nugent is a whack job, bad example.

he has the right to bare arms, he can also wear a long sleeve shirt too!

he does not have the right , in the nidst of a verbal altercation,to exit his vehicle, and walk-up on a trapped motorist and intimidate him by exposing his weapon tucked into his pants like an Al pacino wannabe !
he could have precipitated a gun fight if this impala joker was packing, who could have declared self defense !
then some innocent bystander gets shot while trying on a pair of panties at vickey's !
think about it, you are trapped inbetween two vehicles, they have you blocked, then men exit both vehicles and show their weapons?
if you got a gun, arent you reaching for it at this moment?
isnt this exactly the kind of predicament that would compell you to carry a weapon in your car?
be honest with yourself!
what doom and his buddy did was provocational at the least !If Mr impala was strapped, we would have bigger headlines to disect !
and thats what these laws seek to diminish !
Dooms actions were irresponsable and he wont be getting any sympathy from the judicial system !
nor should he !

Did this happen ever?

[MOtorboat]

Mike Klis was just on with Vic on Xfinity Monday Night Live, and talked about the following. He said this will be a "he said" "she said" thing.

From article:



full article - http://www.denverpost.com/broncos/ci_21085119/elvis-dumervil-arrest-miami-road-rage

And Steinberg, if this miraculously makes it to a jury, will do exactly the same as he did in the Cox case and find character flaws in the witnesses.

[Davii]

Did this happen ever?

Hey I just met you, and this is crazy

[Cugel]

Really. Any assault charge with a firearm triggers a mandatory minimum sentence in Florida.
Class three is the least serious felony assault charge. Normally for assault with a deadly weapon he'd have to point the gun at the victim (firing but missing would be a more serious offense). Displaying the gun in his waist-band without brandishing it at the victim is possibly ambiguous enough that they probably can't prosecute felony assault charges against him.

But, he's damn lucky. He came about as close as you can get to serious weapons charges that would have destroyed his career. Going up to that car with a gun in his waist-band is insanely stupid!

What if the people in the car had been armed as well? Then he'd be involved in a shoot-out!

Having defended a person charged with assault with a deadly weapon I can tell you that the prosecuting attorneys tend to be aggressive in such circumstances. Even a plea bargain will normally be to a lesser felony charge. Perhaps a class 5 felony or something with a stip to no jail time.

But, such a conviction would certainly bring problems with league sanctions. And he'd have to do restitution in FL.

This is not over yet just because the lawyer says no charges are going to be filed. And Dumervil is skating incredibly close to the edge here. Only the fact that the other people didn't react violently to his stupid ploy is keeping him out of jail.

[MOtorboat]

Class three is the least serious felony assault charge. Normally for assault with a deadly weapon he'd have to point the gun at the victim (firing but missing would be a more serious offense). Displaying the gun in his waist-band without brandishing it at the victim is possibly ambiguous enough that they probably can't prosecute felony assault charges against him.

But, he's damn lucky. He came about as close as you can get to serious weapons charges that would have destroyed his career. Going up to that car with a gun in his waist-band is insanely stupid!

What if the people in the car had been armed as well? Then he'd be involved in a shoot-out!

Having defended a person charged with assault with a deadly weapon I can tell you that the prosecuting attorneys tend to be aggressive in such circumstances. Even a plea bargain will normally be to a lesser felony charge. Perhaps a class 5 felony or something with a stip to no jail time.

But, such a conviction would certainly bring problems with league sanctions. And he'd have to do restitution in FL.

This is not over yet just because the lawyer says no charges are going to be filed. And Dumervil is skating incredibly close to the edge here. Only the fact that the other people didn't react violently to his stupid ploy is keeping him out of jail.

It's not assault with a deadly weapon. In most states that's a class two felony, on top of the other charges. So we can dismiss that notion altogether.

Class three is the lowest felony charge in Florida.

[Cugel]

The first line of that and the last line don't go together... if he was already charged, why would the prosecutor's office need to decide if formal charges need to be filed?

just because you were arrested in assault charges does NOT mean that the prosecuting attorney (who knows the law a lot better than the police officers) is going to press formal charges.

The arraignment isn't yet. At the arraignment the prosecutor will decide whether to bring charges in which case an evidentiary hearing will be held before the judge to see if there's probable cause to believe a felony charge can be leveled. This is a legal determination as to whether the witness statements (if taken at face value) provide prima facie evidence that a crime has been committed and what level off offense.

Then assuming the prosecutor decides to bring charges and the judge decides that there's probable cause, the trial is scheduled and the defendant bound over for trial. At that point the prosecution and defense counsels will usually discuss a possible plea bargain to a lesser charge.

Whether Dumervil accepts that is a lot different than the normal defendant. Normally, if there's no previous felony conviction they might plea it down to a lesser level with a stipulation to recommend to the judge of no jail time and restitution, perhaps some time of community service.

But, if that's going to be result in a serious problem with the league (suspension) then Dumervil has to carefully weigh whether to fight the charge. Of course if he loses then he's royally screwed in that he'd be sentenced to several years in prison and his career would essentially be over.

I don't think Dumervil's attorney is necessarily right about this. I'd give it more than a 50-50 chance that the prosecuting attorney decides to press some kind of charge.

[SR]

Hey I just met you, and this is crazy

But here's my number so call me maybe

[Cugel]

It's not assault with a deadly weapon. In most states that's a class two felony, on top of the other charges. So we can dismiss that notion altogether.

Class three is the lowest felony charge in Florida.

Actually we can't. :coffee:


In Florida, Assault with a Deadly Weapon is referred to as one of the forms of "Aggravated Assault" (http://www.avvo.com/legal-answers/what-is-the-sentence-for-assualt-with-a-deadly-wea-72301.html)An is defined in Florida by Statute 784.011 it is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

It can be charged as an Aggravated Assault under Florida Statute 784.021(1)(a) if the assault was made with a deadly weapon. This is a third degree felony which carries a maximum sentence of five (5) years in prison and up to a $5000 fine.

The type of weapon alleged to have been used is also quite important, because Florida has specific laws relating to crimes involving firearms. If the deadly weapon used in the aggravated assault was a firearm, then then the offense also carries with it a three (3) year minimum mandatory prison sentence, meaning that if one is convicted, the Judge must sentence the person to at least three (3) years of prison.

It's going to come down to a question of intent if they establish that he displayed the gun in his waist-band. But, it doesn't sound to me like this is just automatically going to result in no charges being brought by the prosecuting attorney.

And my experience is different from the Florida defense lawyer I quoted above who told the woman that if she was the only witness and refused to testify (not Dumervil's case) that the state might have a difficult time prosecuting the case. In a case I represented the prosecuting attorney told me "I don't care if the victim shows up, I try these cases all the time based on a police report."

I'd say Dumervil's case is a very close shave if he gets off without felony charges being brought at the arraignment. It depends on departmental policy how aggressive the prosecuting attorney wants to be.

[BroncoWave]

Tell that to Big Ben.

I'm just saying what Schefter reported. I think he might know a thing or two more than the average poster on this board about what Goodell might do.

[Chef Zambini]

Class three is the least serious felony assault charge. Normally for assault with a deadly weapon he'd have to point the gun at the victim (firing but missing would be a more serious offense). Displaying the gun in his waist-band without brandishing it at the victim is possibly ambiguous enough that they probably can't prosecute felony assault charges against him.

But, he's damn lucky. He came about as close as you can get to serious weapons charges that would have destroyed his career. Going up to that car with a gun in his waist-band is insanely stupid!

What if the people in the car had been armed as well? Then he'd be involved in a shoot-out!

Having defended a person charged with assault with a deadly weapon I can tell you that the prosecuting attorneys tend to be aggressive in such circumstances. Even a plea bargain will normally be to a lesser felony charge. Perhaps a class 5 felony or something with a stip to no jail time.

But, such a conviction would certainly bring problems with league sanctions. And he'd have to do restitution in FL.

This is not over yet just because the lawyer says no charges are going to be filed. And Dumervil is skating incredibly close to the edge here. Only the fact that the other people didn't react violently to his stupid ploy is keeping him out of jail.so you are an attorney?
what about doom lying to the officer about the weapon in his vehicle?
is that not also an offense?
a felony?
do you really think the DA and judge will go easy on doom, based on past history and witness testimony?

[catfish]

just because you were arrested in assault charges does NOT mean that the prosecuting attorney (who knows the law a lot better than the police officers) is going to press formal charges.

The arraignment isn't yet. At the arraignment the prosecutor will decide whether to bring charges in which case an evidentiary hearing will be held before the judge to see if there's probable cause to believe a felony charge can be leveled. This is a legal determination as to whether the witness statements (if taken at face value) provide prima facie evidence that a crime has been committed and what level off offense.

Then assuming the prosecutor decides to bring charges and the judge decides that there's probable cause, the trial is scheduled and the defendant bound over for trial. At that point the prosecution and defense counsels will usually discuss a possible plea bargain to a lesser charge.

Whether Dumervil accepts that is a lot different than the normal defendant. Normally, if there's no previous felony conviction they might plea it down to a lesser level with a stipulation to recommend to the judge of no jail time and restitution, perhaps some time of community service.

But, if that's going to be result in a serious problem with the league (suspension) then Dumervil has to carefully weigh whether to fight the charge. Of course if he loses then he's royally screwed in that he'd be sentenced to several years in prison and his career would essentially be over.

I don't think Dumervil's attorney is necessarily right about this. I'd give it more than a 50-50 chance that the prosecuting attorney decides to press some kind of charge.

I wouldn't even set it that high, judging from my experience with Miami natives if this comes down to a he said she said Dumerville will look like a saint compared to them. The Victoria secret employee most likely just saw shouting, so she cant say she saw a gun. It will be Doom and his friends saying he wasn't carrying a gun and was unaware there was a gun in his borrowed car, vs the husband and wife saying they did have a gun. Most likely the police and the lawyers will point out no one was hurt and all charges will be dropped. If you think stuff like that doesn't happen every day in Miami you ain't from around here

[catfish]

so you are an attorney?
what about doom lying to the officer about the weapon in his vehicle?
is that not also an offense?
a felony?
do you really think the DA and judge will go easy on doom, based on past history and witness testimony?

supposedly not his car, not his gun. So not a lie, he could very well have thought it was the truth. Giving him the benefit of the doubt here. It is quite possible he never had a gun in the first place, the woman saw a large african american hostily advancing on the vehicle and panicked. I wouldn't jump to conclusion yet

[MOtorboat]

Actually we can't. :coffee:

So Florida law is thoroughly different than the one I'm accustomed to. Use of a deadly weapon is part of, apparently, several levels of aggravated assault.

This is, apparently about the lowest you can get on that spectrum.

[catfish]

So Florida law is thoroughly different than the one I'm accustomed to. Use of a deadly weapon is part of, apparently, several levels of aggravated assault.

This is, apparently about the lowest you can get on that spectrum.

he didnt use it though

if he drew it, and pointed it it would be aggravated assault, the line between brandishing and aggravated assault is a little grey. It is pretty mush ag assault if you intend to injure, and brandishing if you intend to intimidate. I think it is pretty clear that there was not intent to injure. He was arrested for a felony, but at $7,500 bond they aren't taking it very seriously. At worst he will get a misdemeanor most likley nothing, seeing as how there is no evidence other than the "victim" who started the confrontation. I linked to an article earlier that spelled out the difference on an attorneys website, I can re-link it if you are interested

[catfish]

Actually we can't. :coffee:


It's going to come down to a question of intent if they establish that he displayed the gun in his waist-band. But, it doesn't sound to me like this is just automatically going to result in no charges being brought by the prosecuting attorney.

And my experience is different from the Florida defense lawyer I quoted above who told the woman that if she was the only witness and refused to testify (not Dumervil's case) that the state might have a difficult time prosecuting the case. In a case I represented the prosecuting attorney told me "I don't care if the victim shows up, I try these cases all the time based on a police report."

I'd say Dumervil's case is a very close shave if he gets off without felony charges being brought at the arraignment. It depends on departmental policy how aggressive the prosecuting attorney wants to be.

most likley this is what he will get if anything

Florida Statute 790.10. This statute is officially titled as "improper exhibition of dangerous weapons or firearms", and the statute states that "if any person having or carrying any . . . weapon shall, in the presence of one or more (other) persons, exhibit the same in a rude, careless, angry or threatening manner, not in necessary self defense, the person so offending shall be guilty of a misdemeanor of the first degree".

[guitarj]

ted nugent is a whack job, bad example.
!

Takes one to know one....
Actually, Ted's the man! rock on!

Sent using Forum Runner

[Denver Native (Carol)]

So Florida law is thoroughly different than the one I'm accustomed to. Use of a deadly weapon is part of, apparently, several levels of aggravated assault.

This is, apparently about the lowest you can get on that spectrum.

I think it was Steinberg who said that the $7,500 bond indicated that.

[MOtorboat]

I think it was Steinberg who said that the $7,500 bond indicated that.

Yes. That's a pretty good indication of severity.

[catfish]

Takes one to know one....
Actually, Ted's the man! rock on!

Sent using Forum Runner

The man likes his guns, but he seems to give them the respect they deserve. It's the people who think they are toys that make me nervous.

[Cugel]

I wouldn't even set it that high, judging from my experience with Miami natives if this comes down to a he said she said Dumerville will look like a saint compared to them. The Victoria secret employee most likely just saw shouting, so she cant say she saw a gun. It will be Doom and his friends saying he wasn't carrying a gun and was unaware there was a gun in his borrowed car, vs the husband and wife saying they did have a gun. Most likely the police and the lawyers will point out no one was hurt and all charges will be dropped. If you think stuff like that doesn't happen every day in Miami you ain't from around here

The police report isn't clear on this point. As to the eye-witness "her statement of facts concurred with the victim's" [which was that Dumervil showed his gun.]

Whether the witness actually saw that is an open question of course. She might simply have seen Dumervil approach the car and/or lift his shirt.

No, I'm not from Florida. My only experience is defending felony assault cases in Colorado.

One client stabbed her victim with a knife. She pled from class 3 to a class 5 with a stip to probation, but Florida expressly forbids that outcome because of the mandatory sentencing provision for firearms.

[Cugel]

The man likes his guns, but he seems to give them the respect they deserve. It's the people who think they are toys that make me nervous.

If he "gave them the respect they deserve" he would have stayed in his damn car and stayed out of trouble. In fact he wouldn't have had a loaded gun in the car to begin with! Only idiots and violent people drive around with loaded hand-guns in their cars. Nothing good can happen from getting into a road-rage incident, getting out of your vehicle with a firearm and brandishing it at somebody.

That's just mind-bogglingly stupid behavior. The more people insist on carrying guns around the more incidents like this that would have been minor name calling incidents where nobody gets hurt and nobody gets arrested, can escalate into a tragedy.

Testosterone fueled idiot brandishes his gun. Now if the victim is ALSO carrying a gun, what happens then? Shootout! :coffee:

[Chef Zambini]

exactly, and thats why there are laws against brandishing/ displaying weapons ! his actions could have escalated the situation ! the witness called the police, I think its clear she mentioned the firearms based on the quick response of the police and the use of hand-cuffs before determining if there was a weapon!
where are folks getting the idea this was NOT his car and NOT his gun?
can you rent a car in florida and request a hand-gun as a list of features?
can I reserve a .22 and get a curbside upgrade to a glock?
the victim and the witness gave identical accounts of the lifting of shirts and exposing of weapons. doom lied to the officer regarding the gun.
he didnt say, i dont know, its not my car he said NO !
cugel, would you want to try and defend doom on this one, or would you be looking for a deal?
\ and again I ask, lying about the gun to the officer, isnt that also an offense?

[MOtorboat]

exactly, and thats why there are laws against brandishing/ displaying weapons ! his actions could have escalated the situation ! the witness called the police, I think its clear she mentioned the firearms based on the quick response of the police and the use of hand-cuffs before determining if there was a weapon!
where are folks getting the idea this was NOT his car and NOT his gun?
can you rent a car in florida and request a hand-gun as a list of features?
can I reserve a .22 and get a curbside upgrade to a glock?
the victim and the witness gave identical accounts of the lifting of shirts and exposing of weapons. doom lied to the officer regarding the gun.
he didnt say, i dont know, its not my car he said NO !
cugel, would you want to try and defend doom on this one, or would you be looking for a deal?
\ and again I ask, lying about the gun to the officer, isnt that also an offense?

Rented car? Where the hell did that come from?

Innocent until proven guilty is not in your vocabulary is it?

[Chef Zambini]

whose car was it mo?

[MOtorboat]

whose car was it mo?

I don't know. Do you?

[BORDERLINE]

oh lawd what did elvis get himself into.....SMH

[Denver Native (Carol)]

whose car was it mo?

As I posted EARLIER - Mike Klis was on with Vic Lombardi, and stated that sources were now saying that he did not have a gun, and it was not his car that he was driving. Klis stated the article would be up on the DP, which it was, and which I posted. However, when you now click on it, it says file not found. Not sure if the DP website is having problems now. Lindsay Jones also mentions the article on twitter -

Lindsay Jones ‏@PostBroncos

Elvis Dumervil not carrying a gun at his arrest in Miami, sources say http://dpo.st/NxyNOF

Mo took the time to read the article.

[Chef Zambini]

supposedly not his car, not his gun. So not a lie, he could very well have thought it was the truth. Giving him the benefit of the doubt here. It is quite possible he never had a gun in the first place, the woman saw a large african american hostily advancing on the vehicle and panicked. I wouldn't jump to conclusion yethave you heard that the car and gun, NEITHER were registered to doom?
or are you just making a hypothetical circumstance?

[MOtorboat]

As I posted EARLIER - Mike Klis was on with Vic Lombardi, and stated that sources were now saying that he did not have a gun, and it was not his car that he was driving. Klis stated the article would be up on the DP, which it was, and which I posted. However, when you now click on it, it says file not found. Not sure if the DP website is having problems now. Lindsay Jones also mentions the article on twitter -

Lindsay Jones ‏@PostBroncos

Elvis Dumervil not carrying a gun at his arrest in Miami, sources say http://dpo.st/NxyNOF

Mo took the time to read the article.

And that's going to be what Steinberg argues, that it wasn't his gun and that he didn't flash a gun, and that it's just testimony from unreliable witnesses. That's what Steinberg will argue, and likely win, for that matter.

[Davii]

Mo took the time to read the article.

Wait, you're saying one gets a better understanding by reading the articles linked to?

Preposterous. Next you'll say I should read the police report that clearly states the Impala driver threw something at the Range Rover before any guns were supposedly brandished, etc. and I would have a clearer understanding of the entire chain of events...

[Chef Zambini]

regardless of who owned the car, BOTH a third party witness and the victim gave the same report to the cop! all doom gave the cop was a lie! his fingerprints are going to be on that gun ! to say he did not know it was there just indemnifies him even more. if he wiped the gun clean and then lied about its existence all the worse, tampering with evidence!
2 cars 2 perps, 2 guns 2 corroborating accounts from a witness and the victims. and a cop who knows he was lied 2

[Denver Native (Carol)]

Wait, you're saying one gets a better understanding by reading the articles linked to?

Preposterous. Next you'll say I should read the police report that clearly states the Impala driver threw something at the Range Rover before any guns were supposedly brandished, etc. and I would have a clearer understanding of the entire chain of events...

Hey - are you saying that you read the police report that I posted - LOL I find it much better to read articles, etc., where others have knowledge, rather than just throwing out comments - but that's just me.

[MOtorboat]

regardless of who owned the car, both a third party witness and the victim gave the same report to the cop! All doom gave the cop was a lie! His fingerprints are going to be on that gun ! To say he did not know it was there just indemnifies him even more. If he wiped the gun clean and then lied about its existence all the worse, tampering with evidence!
2 cars 2 perps, 2 guns 2 corroborating accounts from a witness and the victims. And a cop who knows he was lied 2

guilty!

[MOtorboat]

Just out of curiousity Zam, why do you want Dumervil convicted so badly?

[Timmy!]

Off with his head!!!!!!!!! :zambini:

[Denver Native (Carol)]

Just out of curiousity Zam, why do you want Dumervil convicted so badly?

Because he has refused to move to the safety position

[Davii]

Because he has refused to move to the safety position

Carol, I can't recall the last time you made me laugh that hard!

[Chef Zambini]

Elvis Dumervil not carrying a gun at his arrest in Miami, sources say http://dpo.st/NxyNOF
read the article, lets examine what it does and does NOT say!
the officers aproached with guns drwan and ordered doom out of the vehicle and hand-cuffed him, so it is beyond obvious that they were alerted to the presence of fire-arms! the witness cant change her testimony, it is probably recorded, and the officer will ytestify that he aproached on the suspicion of weapons being present !
it does not make clear WHEN the object was thrown, and because no charges were brought against the victim, it is unlikely they will be sighted for provocation.
it was the AGENT, not steinberg who suggested this was not going to be a big deal, steinberg, declined comment!
un-named sources people who were not present, and not part of the official police report are the ones bringing to light incidental evidence of the car and gun not belonging to doom?
so what?
he was driving and he was the oine accused of having the gun in his pants and threatening the victims.
Notice it is NOT his attorney who is saying his client was not aware of the existence of a gun, because he is smart enuff to know that fingerprints will contradict that lie too !

[Denver Native (Carol)]

Carol, I can't recall the last time you made be laugh that hard!

Well Davii, that tells me you just don't read many of my posts - LOL

[MOtorboat]

Elvis Dumervil not carrying a gun at his arrest in Miami, sources say http://dpo.st/NxyNOF
read the article, lets examine what it does and does NOT say!
the officers aproached with guns drwan and ordered doom out of the vehicle and hand-cuffed him, so it is beyond obvious that they were alerted to the presence of fire-arms! the witness cant change her testimony, it is probably recorded, and the officer will ytestify that he aproached on the suspicion of weapons being present !
it does not make clear WHEN the object was thrown, and because no charges were brought against the victim, it is unlikely they will be sighted for provocation.
it was the AGENT, not steinberg who suggested this was not going to be a big deal, steinberg, declined comment!
un-named sources people who were not present, and not part of the official police report are the ones bringing to light incidental evidence of the car and gun not belonging to doom?
so what?
he was driving and he was the oine accused of having the gun in his pants and threatening the victims.
Notice it is NOT his attorney who is saying his client was not aware of the existence of a gun, because he is smart enuff to know that fingerprints will contradict that lie too !

Didn't you just bitch about the "journalists" and ask for the police report?

And now you're asking us to read the article and come to the same conclusion you did?

Seriously?

Not to mention, most of your assertions have already proven wrong, especially the one about how Steinberg hasn't said anything, only the agent.

LMAO.

Try reading other posts other than yours.

[Chef Zambini]

Just out of curiousity Zam, why do you want Dumervil convicted so badly?I am responding to those who try to suggest this is no big deal ! cugal, the only attorney present, happens to agree with me, bummer for mo and mo-ron.
doom is an idiot! I wont allow my love of the broncos to influence my opinion! I am a bronco fan, not a penn state football fan.
elvis did a lame thing and he is going to suffer the consequences! the judge is not going to take into account his career sacks!

[MOtorboat]

And actually, Steinberg has spoken:



http://profootballtalk.nbcsports.com/2012/07/15/elvis-dumervils-lawyer-it-is-likely-no-charges-will-be-filed/

Seven pages ago. Steinberg speaks!

So, Zam, are you going to admit you don't have a clue what you're talking about yet?

[Chef Zambini]

Didn't you just bitch about the "journalists" and ask for the police report?

And now you're asking us to read the article and come to the same conclusion you did?

Seriously?

Not to mention, most of your assertions have already proven wrong, especially the one about how Steinberg hasn't said anything, only the agent.

LMAO.

Try reading other posts other than yours.I am still trying to find the actual police report! i revisited the article as some have suggested, this newer version, I identified what it made clear. why do I bother with you if i told you the earth revolved around the sun you would argue ! if I said doom was innocent you would be calling for a death sentence! your motivations are obvious!
and pathetic !

[MOtorboat]

I am still trying to find the actual police report! i revisited the article as some have suggested, this newer version, I identified what it made clear. why do I bother with you if i told you the earth revolved around the sun you would argue ! if I said doom was innocent you would be calling for a death sentence! your motivations are obvious!
and pathetic !

It's been posted three times.

[MOtorboat]

Zam's assertions:

No police report.
Posted three times.

The attorney doesn't speak.
Posted about eight times. Thrice by me.

Seriously dude. Learn to read.

[Chef Zambini]

and yet the DP article states that steinberg declined comment, and these EXACT words have now been linked to his AGENT, not steinberg! Like I said the reporting is scetchy! do you have the ACTUAL police report?
share it if you do.

[MOtorboat]

and yet the DP article states that steinberg declined comment, and these EXACT words have now been linked to his AGENT, not steinberg! Like I said the reporting is scetchy! do you have the ACTUAL police report?
share it if you do.

Good lord. Are you really this stupid?

[Davii]

Mo, make it four times on the police reports:

Police reports (http://blogs.denverpost.com/broncos/2012/07/16/police-report-elvis-dumervils-arrest-miami/14278/)

[MOtorboat]

The police report. For the fifth time. For the fourth after you asked for it.

http://blogs.denverpost.com/broncos/2012/07/16/police-report-elvis-dumervils-arrest-miami/14278/

Steinberg speaking, for like the 10th time.

http://profootballtalk.nbcsports.com/2012/07/15/elvis-dumervils-lawyer-it-is-likely-no-charges-will-be-filed/

[MOtorboat]

and yet the DP article states that steinberg declined comment, and these EXACT words have now been linked to his AGENT, not steinberg! Like I said the reporting is scetchy! do you have the ACTUAL police report?
share it if you do.

"declined further comment."

Again, learn to read.

[Davii]

And those are what appear to be scanned copies of the handwritten police reports.

[MOtorboat]

And those are what appear to be scanned copies of the handwritten police reports.

They are actually falsified by journalists.

Signed,
Zam

[Timmy!]

Guys, i think we are going to need to see the police report before we can move forward on this.

[Chef Zambini]

It's been posted three times.the one time it was posted it did not pop up post it again, should be easy to find having already appeared 3 times , seven times by you !

[Timmy!]

http://images.wikia.com/muppet/images/a/a1/Count.jpg

[Thnikkaman]

Zam's been going to the bullfights again.

[Chef Zambini]

ok read the police report, it indicates that weapons were rep[orted by the initial witness who phioned it in, NOT juust an arguement as some have tried to suggest, both weapons were attampted to be concealed once the police arrived, nothing contradicyts ANY of my statements or hypothosis.
DOOM is doomed! it is irrelevaNT if this waS HIS Cacar or his gun, he was in posession of both during the incident ! hios statement to the officer was a lieand his fingerprints will further indemnify him ! the comments attributed to steinberg have been matched with the commennts of his agent! DP says he declined comment, a third party quoting a shefler interview says they were steinbergs words, regardless what else is your defense atorney suppose to say?
doom is doomed, mo will blaME ME, I WILL BLAME DOOM FOR NOT HAVING HIS SAFETY ON !

[tubby]

Bfd. Ayers is going to PWN shyt