Giants WR Burress charged with criminal offense

Dec 1, 2008 - 10:35 PM NEW YORK (Ticker) -- New York Giants wide receiver Plaxico Burress was charged Monday with two counts of criminal possession of a weapon.

Bail was set at $100,000 for Burress, who suffered an accidental, self-inflicted gunshot wound at a Manhattan nightclub on Friday night.

Burress was charged with second-degree criminal possession of a weapon - a Glock semiautomatic pistol - and third-degree possession for carrying the ammunition clip.

Both are Class C felonies, for which Burress could be sentenced to a mandatory minimum of 3 1/2 years in jail if convicted.

Burress was not required to enter a plea at the hearing, although defense attorney Benjamin Brafman had earlier said his client would plead not guilty.

"Our objective for the last 24 hours was to get him through the system, and we've done that," Brafman said. "I'm pleased that he's out."

Bail initially was set by judge Felicia Mennin at $250,000, but Brafman had argued for Burress to be freed without bail, arguing his client was not a flight risk.

The judge reduced the bond to $100,000 and ordered Burress to return to court on March 31, 2009 to face a grand jury. He also must surrender his passport by December 5.

Having arranged to post bail, Burress, wearing a black jacket with an open-necked white shirt and blue jeans and accompanied by Brafman and his wife, Tiffany, left the courthouse by a rear entrance and walked with no apparent discomfort to a waiting black Cadillac Escalade without making a comment.

While the Burresses were driven away, Brafman remained at the courthouse and spoke to reporters at the front of the building.

Having conveyed his client's thanks to his teammates, fans and other well-wishers for their messages of support, Brafman took questions but refused to discuss matters or events substantive to the case.

"He is a concerned adult professional who is not happy about the events," Brafman said. "I think any professional athlete in this situation would be concerned and I think unless you're not a serious person, you would understand that this is a difficult situation.

"He recognizes the serious legal situation he is facing and is dealing with it responsibly."

Brafman refuted suggestions that Burress had been slow to come forward by waiting until Monday morning to turn himself into authorities.

"I think he came forward in miraculously quick fashion," the lawyer said.

Earlier in the day, Burress turned himself in to detectives at New York City's 17th Precinct in midtown Manhattan, where he was charged with criminal possession of a weapon following a shooting incident late Friday night at the Latin Quarter nightclub.

According to police reports, Burress shot himself in the thigh and was hospitalized overnight before he was released at about 2 p.m. Saturday.

A police spokesman said the investigation is continuing.

Burress and teammate Antonio Pierce were at the Latin Quarter when the shooting occurred. Pierce, appearing on New York radio station WFAN late Monday afternoon, pleaded with the public to "don't believe everything you hear."

"You've got to deal with it like a man," Pierce said during the interview. "Nobody's running away from this situation."

The league is taking a wait-and-see approach to the developments surrounding Burress.

"We are cooperating with the police and continuing to monitor the situation," NFL spokesman Greg Aiello said.

The case has drawn the ire of Mayor Michael R. Bloomberg, who on Monday ripped the team and the hospital where Burress was treated for being less than forthcoming in providing information on the shooting.

"The police only found out about this because of a story on television. The hospital didn't call and the Giants didn't call," Bloomberg said. "The Giants should have picked up the phone right away as good corporate citizens. I don't care if there's a legal responsibility for them to do it."

Multiple media outlets have reported that Pierce also is under investigation by police for taking the gun from the scene and bringing it to New Jersey.

However, Pierce said he has not been arrested and does not expect to be.

"Just don't believe everything you read and let the facts come out," Pierce said.

Following the Giants' 23-7 win over the Washington Redskins on Sunday in Landover, Maryland, Pierce was quizzed on his involvement in the shooting, particularly a report that he loudly chastised Burress for having a weapon on him.

The New York Post, citing sources, reported that detectives recovered the gun at Burress' house in Totowa, New Jersey on Sunday night despite the player's concerted efforts to conceal many details of the incident.

According to the newspaper, workers at the Latin Quarter cleaned up after the shooting and never informed authorities. Also, when Burress went to New York-Cornell Hospital, he gave his name as "Harris Smith" and claimed the shooting occurred at an Applebee's restaurant.

Hospital workers recognized Burress, yet failed to report the gunshot wound, as required by law, the Post said.

"I think it is also an outrage the hospital didn't do what they're legally required to do," Bloomberg said. "It's a misdemeanor. It's a chargeable offense."

Giants head coach Tom Coughlin addressed Burress' situation at his media briefing Monday.

"Our concern for his health and well being is obviously number one," Coughlin said. "But as you know, the New York Police Department and the NFL Security and the Commissioner's office are all conducting investigations. Due to the nature of that, obviously there is not much that I'm going to say. So I really don't have anything new for you along those lines."

According to the New York Daily News, Burress was issued a permit for a concealed weapon by the state of Florida but that expired in May. Even had it been renewed, it wouldn't have been recognized by authorities in New York or New Jersey, officials told the newspaper.

Burress did not practice all week due to an ailing hamstring and already had been ruled out of Sunday's game on Friday. He shot himself in the same leg as the injured hamstring.

On its website, The Latin Quarter promoted itself as a "VIP Nook, sportsmen galore ... with man hands pulling lady legs around their waists."

A promoter who books private parties at the club told PA SportsTicker he was not aware of anything unusual Friday night, although he noted the massive structure features two floors, two VIP lounges and holds 1,300 people. He added that if the shooting occurred in one of the VIP rooms, it would not be noticed by patrons at the club.

Burress, who has 41 receptions for 454 yards and four touchdowns, aggravated the hamstring injury early in a 37-29 triumph over the Arizona Cardinals on November 23.

It has already been a tumultuous season for Burress, who missed the Giants' October 5 game against the Seattle Seahawks after being suspended for missing a team meeting.

Burress, who signed a five-year, $35 million contract extension prior to the season, also was involved in a sideline confrontation with Coughlin during a game and has been fined multiple times for a total of approximately $200,000.

The Record of Bergen County also reported last month that police responded to two domestic disturbance calls at the home of the star wide receiver in the past six months.

Temporary restraining orders were obtained in both instances after Burress' wife, Tiffany, had phoned the police, according to the newspaper. During the second incident, in August, Tiffany Burress claimed she had left her husband at a New York nightclub following an argument between the pair.

Burress led the Giants with 70 receptions for 1,025 yards and a career-high 12 touchdowns last season, despite being unable to practice virtually the entire season because of an ankle injury.

He capped off his memorable 2007 season by hauling in the winning touchdown pass with 35 seconds remaining that lifted the Giants to a stunning 17-14 upset of the New England Patriots in Super Bowl XLII.