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View Full Version : Jail in Michigan looms for Jackson



tadscout
10-13-2006, 12:54 PM
ROCHESTER HILLS, Mich. -- Prosecutors in suburban Detroit will request jail time for Indiana Pacers guard Stephen Jackson when he returns next month for a probation violation hearing after police say he fired a gun outside an Indianapolis strip club.
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Jackson already was serving a year's probation after pleading no contest to misdemeanor assault and battery charges for his role in a 2004 brawl between Pacers players and fans at The Palace of Auburn Hills. The 28-year-old appeared in a Marion County, Ind., court Thursday for arraignment on a felony charge of criminal recklessness and misdemeanor counts of battery and disorderly conduct.


Jackson is scheduled to appear at a probation violation hearing at a Rochester Hills district court on Nov. 13. He could face up to three months in jail.

"Anybody who has been brought before a court and has been sentenced clearly understands the ramifications of engaging in criminal behavior while under the thumb of the court system," Oakland County Prosecutor David Gorcyca told The Oakland Press of Pontiac.

Police said Jackson fired a gun in the air at least five times during an Oct. 6 fight outside Club Rio. Jackson originally told police that he fired the gun in self-defense, but Prosecutor Carl Brizzi said Jackson retrieved his gun from his car and fired it before he was struck and injured by another car.

Defense attorney James Burdick said the probation would have been completed but was extended while a fan involved in the Nov. 19, 2004 incident at The Palace seeks restitution. Burdick said Jackson's probation was extended for one year but without any oversight or reporting to a probation agent.

He said he will ask Rochester Hills District Judge Julie Nicholson to set aside the probation violation.

Meanwhile, Marion Superior Court Judge Patricia Gifford entered a not guilty plea Thursday for Jackson, who was booked into jail and released on $10,000 bond. He's scheduled for a pretrial hearing Nov. 1, with his trial to start Jan. 8.

The criminal recklessness charge carries a prison term of six months to three years.

Jackson could play Saturday when the Pacers host Utah depending on how well his injuries from the fight heal, head coach Rick Carlisle said.

Indy Star (http://www.indystar.com/apps/pbcs.dll/article?AID=/20061013/SPORTS04/610130522&GID=jO7chZf+ije6eezrnkMKt+BKdIjMOVJLq6mNTZd8CGQ%3D )

Harddrive7
10-13-2006, 12:57 PM
I thought that there had to be a conviction first.

pwee31
10-13-2006, 01:10 PM
I thought that there had to be a conviction first.


Most probation claims state that you can't get in trouble with the law, and that's already been done, doesn't matter if he's guilty or not

DisplacedKnick
10-13-2006, 01:18 PM
I thought that there had to be a conviction first.

Nah - there are some limitations but being on probation means the court owns you. The terms of his probation will have included possible jail time if he was in violation. He would have gotten an extension since he didn't fulfill all the terms but they've now changed their mind and it looks like they'll declare him in violation.

They didn't even need legal trouble to do it though that's obviously the reason here.

tadscout
10-13-2006, 01:24 PM
Since the thread this was posted in got hijacked, I'll repost it here:


I found out today that Larry Bird told Steven Jackson over the summer that he was on a zero tolerance policy. Bird made it very clear that if Jackson didn't get his head on straight, then he would be out of here. In light of the recent events....

Larry Bird issued a meeting today between TPTB and the advisers. During the over 2 hour meeting, they weighed all their options. Things the Pacers will be looking for at first are any possible trades of SJax, then if their hands are tied there, they will look to initiate some sort of buyout.

However they will have to let the legal process take its place, because IF Jackson IS convicted of a felony, then his contract can be voided by the team. To my understanding, the team is not responsible for paying the remaining contract nor does the salary count against the cap. Committing a felony is a violation of the player's contract and is subject to be terminated.

The decision to hold Jackson out of practice was made by all the advisers and Top Brass, it was not just Larry Bird's call. (Although he did have the most say in it.) Whether Jackson will be held out of more practices/games is up to Bird. At this time however, Jackson's immediate return is considered "unlikely."

After the events that took place today, I strongly believe that Jackson will be gone and may even have to sit out similar to Artest's situation.

Now jail time is quite possible in the near future, I can definitely see the above happening... but who knows, I'm an outsider that knows nothing :shrug:<o:p></o:p>

Putnam
10-13-2006, 02:21 PM
I thought that there had to be a conviction first.


I think the right response to the comment is, Yes, there does have to be a conviction. And there already IS one. Jackson is guilty for the infractions on 11/19/04, and already owes Michigan some jail time. They can call him in anytime. There would be no legal rule that he had to be convicted of another crime before he could be punished for the first one. As Displaced Knick says, the court owns Jackson already.

Speed
10-13-2006, 02:50 PM
Originally Posted by microwave_oven
I found out today that Larry Bird told Steven Jackson over the summer that he was on a zero tolerance policy. Bird made it very clear that if Jackson didn't get his head on straight, then he would be out of here. In light of the recent events....

Larry Bird issued a meeting today between TPTB and the advisers. During the over 2 hour meeting, they weighed all their options. Things the Pacers will be looking for at first are any possible trades of SJax, then if their hands are tied there, they will look to initiate some sort of buyout.

However they will have to let the legal process take its place, because IF Jackson IS convicted of a felony, then his contract can be voided by the team. To my understanding, the team is not responsible for paying the remaining contract nor does the salary count against the cap. Committing a felony is a violation of the player's contract and is subject to be terminated.

The decision to hold Jackson out of practice was made by all the advisers and Top Brass, it was not just Larry Bird's call. (Although he did have the most say in it.) Whether Jackson will be held out of more practices/games is up to Bird. At this time however, Jackson's immediate return is considered "unlikely."

After the events that took place today, I strongly believe that Jackson will be gone and may even have to sit out similar to Artest's situation.

--------------

I MISSED THE ABOVE when it was posted originally.... When is this from, today? When is practice today? Was Jax there? Where's Micowave?

ChicagoJ
10-13-2006, 02:52 PM
Originally Posted by microwave_oven
I found out today that Larry Bird told Steven Jackson over the summer that he was on a zero tolerance policy. Bird made it very clear that if Jackson didn't get his head on straight, then he would be out of here. In light of the recent events....

Larry Bird issued a meeting today between TPTB and the advisers. During the over 2 hour meeting, they weighed all their options. Things the Pacers will be looking for at first are any possible trades of SJax, then if their hands are tied there, they will look to initiate some sort of buyout.

However they will have to let the legal process take its place, because IF Jackson IS convicted of a felony, then his contract can be voided by the team. To my understanding, the team is not responsible for paying the remaining contract nor does the salary count against the cap. Committing a felony is a violation of the player's contract and is subject to be terminated.

The decision to hold Jackson out of practice was made by all the advisers and Top Brass, it was not just Larry Bird's call. (Although he did have the most say in it.) Whether Jackson will be held out of more practices/games is up to Bird. At this time however, Jackson's immediate return is considered "unlikely."

After the events that took place today, I strongly believe that Jackson will be gone and may even have to sit out similar to Artest's situation.

--------------

I MISSED THE ABOVE when it was posted originally.... When is this from, today? When is practice today? Was Jax there? Where's Micowave?

Its right before the "Bird did not want SJax at practice" thread disintegrated.

Speed
10-13-2006, 02:56 PM
Its right before the "Bird did not want SJax at practice" thread disintegrated.

Thank you, I almost always bail on those when the Bell gets rung. Was there any additional info on this?

It wouldn't surprise me with some of the players quotes about moving forward, good luck to JAX almost sounded like they were not expecting him back anytime soon, but I'm obviously reading alot into it too.

DisplacedKnick
10-13-2006, 02:57 PM
Its right before the "Bird did not want SJax at practice" thread disintegrated.

I prefer the word, "improved" myself. :D

indygeezer
10-13-2006, 03:43 PM
Where are those that were telling me that Michigan would have no bearing on this. That his offenses in Indiana meant nothing to Michigan (well outside the state anyway since they were misdemeanors) ???????

DisplacedKnick
10-13-2006, 03:57 PM
Where are those that were telling me that Michigan would have no bearing on this. That his offenses in Indiana meant nothing to Michigan (well outside the state anyway since they were misdemeanors) ???????

Well, they were wrong. Not sure what people thinks it means when someone tells someone, "You're on probation" but it shouldn't be that everything's hunky-dory in your world.

In the legal system it's even worse than that. Until you've served your probation, that court owns you.

Or in other words, probation means you're in jail but for the time being you've earned the privilege of walking around - and that privilege can be revoked if you do anything wrong.

If Jackson had completed the original terms of his probation he'd have been off in late September and Michigan wouldn't have any claim on him. He didn't and they do. And what he did wrong isn't necessarily anything to do with what happened last week. Because he didn't fulfill the terms of his original probation in the time allotted, they had the right to place him in violation - and throw him in jail.

By all accounts they weren't going to do this - they were just going to extend his probation until he did complete all the terms. But now they've changed their mind - and they didn't HAVE to have Club Rio to do that (though in this case that is the reason).

Unclebuck
10-13-2006, 03:59 PM
I cannot imagine any team trading for Jackson, I don't care if we traded Granger and 4 first round draft picks along wiuth Jax and we only got back a terrible contract - I just don't see a trade happening.

If Jax is in jail up in MI starting in November that would push the trial back if he's in for 90 days. Maybe if they cut that in half and give him 45 days the trialwill take place as scheduled.

I'd be shocked if Jackson's lawyer doesn't move for a continuence and from what I know it will likely be granted. So unless a buyout is worked out, Jackson will be dangling out there all season. I suppose if Jax's atty believes his client will be coinvicted, he might look for an early buyout.

Los Angeles
10-13-2006, 04:11 PM
I only see one trade being offered the Pacers: a package for Stephon Marbury - who will surely excercise his option next year.

I'd rather buy Jackson out.

Naptown_Seth
10-13-2006, 04:32 PM
Jackson apparently did NOT "fail" to meet the terms of his probation. This was a technicality in that the probation was ALSO DEPENDENT ON the civil suit being completed.

Jack apparently did meet all the normal terms (anger classes, fine, community service) but since the civil suit is still ongoing they chose to extend the probation period for another year. Not sure if he could file for an early end once the civil suit was done or not...moot point now.

Doesn't change the fact that he was still technically on probation it appears (not sure how the filing of extension paperwork fits in here) and because of that he will face prob violation issues, though some court discretion is possible here it sounds like.

I'm not defending Jack overall, but like so many other stories around this, that "probation violation" story was reported....poorly some might say. cough ***sensationalism**cough*cough***

Eindar
10-13-2006, 05:48 PM
A. It sounds to me like the Detroit judge lets Jackson walk on this. The criminal probation was extended due to a civil case pending? That seems a little rediculous to me, especially considering it stems from the same incident. If Jackson had been sued in a separate action here in Indy, I could see them extending it, but they know the particulars of the incident, there was really no good reason to extend that probation if Jackson completed all the terms of the probation. Only way I see Jackson serving jail time on this is if they decide to try to "make an example" of Jack or if the Detroit prosecutor is up for re-election also.

B. You're going to buy into Microwave_Oven's spiel? This is the same guy who said "Al is a pacer tomorrow. Book it" roughly a month and a half before the deal finally got done, and after we already knew the Pacers were pursuing him. His "insider info" is unreliable at best, fraudulent at worst.

DisplacedKnick
10-13-2006, 06:09 PM
A. It sounds to me like the Detroit judge lets Jackson walk on this. The criminal probation was extended due to a civil case pending? That seems a little rediculous to me, especially considering it stems from the same incident. If Jackson had been sued in a separate action here in Indy, I could see them extending it, but they know the particulars of the incident, there was really no good reason to extend that probation if Jackson completed all the terms of the probation. Only way I see Jackson serving jail time on this is if they decide to try to "make an example" of Jack or if the Detroit prosecutor is up for re-election also.


Well, if they were going to let him walk they probably wouldn't be going to the time and expense of holding a violation hearing.

As for why his probation was extended - that civil hearing thing comes from Jackson's defense attorney. We may not know until Nov 13 why his probation was extended. I certainly wouldn't take a defense attorney's statement as the definitive word on the subject.

However probation's probation - a period of time where you walk the straight and narrow and if you don't it can be revoked. I don't know the terms of his probation and I don't know why he's going to court for a violation hearing - but a violation means he hasn't fulfilled those terms, whatever they are.

ajbry
10-13-2006, 06:10 PM
A. It sounds to me like the Detroit judge lets Jackson walk on this. The criminal probation was extended due to a civil case pending? That seems a little rediculous to me, especially considering it stems from the same incident. If Jackson had been sued in a separate action here in Indy, I could see them extending it, but they know the particulars of the incident, there was really no good reason to extend that probation if Jackson completed all the terms of the probation. Only way I see Jackson serving jail time on this is if they decide to try to "make an example" of Jack or if the Detroit prosecutor is up for re-election also.

B. You're going to buy into Microwave_Oven's spiel? This is the same guy who said "Al is a pacer tomorrow. Book it" roughly a month and a half before the deal finally got done, and after we already knew the Pacers were pursuing him. His "insider info" is unreliable at best, fraudulent at worst.

Exactly my thoughts as well.

NuffSaid
10-13-2006, 06:13 PM
I don't think he'll face jail time in Michigan. As has already been stated, his probation was extended to alot for addition time for a civil suit to be settled. Had nothing to do with whether or not he completed the conditions of his probation. For all practical purposes, he's done his part...served his time for the brawl. If the judge had any honor beneath those judicial robes, he/she would let this go since the extension had nothing to do with the individual himself.