Posted on 01/14/2006 2:41:06 PM PST by Former Military Chick
SUFFOLK – Marcus Vick will face trial March 13 for the three misdemeanor counts of brandishing a firearm he was charged with earlier this week.
The former Virginia Tech quarterback was scheduled to be in court Thursday for an arraignment. But because he had already hired an attorney and a trial date had been set, there was no need for a formal hearing, prosecutor Nicole Belote said.
Vick, who said he planned to go pro after being booted off Tech’s football team last week, is accused of pulling a gun on three Suffolk residents – two men and a woman, ranging in age from 17 to 21 – in the parking lot of the McDonald’s on College Drive .
Police and prosecutors are staying mum, saying only that their investigation is continuing.
“The case ought to be tried in the courthouse,” said Larry Woodward, Vick’s attorney. “We’ll wait for the evidence and facts of the case to come out there.”
Police said earlier this week that no gun has been recovered. Vick told police he didn’t have a gun.
But the 19-year-old witness listed in the criminal complaint has a different version of events.
In an interview with The Virginian-Pilot this week, the northern Suffolk resident said the incident started around 8:30 p.m. Sunday, when he, along with five or so other friends, were sitting at a table in the restaurant.
Vick’s girlfriend walked in, the teen said.
“I looked up and said, 'How you doin?’ She just said 'hey.’”
At some point, the 19-year-old began arguing with a 17-year-old sitting at the table who also was listed as a witness.
Vick’s girlfriend left, the teen said, and minutes later, the group of friends followed.
But when they walked out, the 19-year-old said, Vick was waiting outside, by the door, with a small black handgun, supposedly upset that someone in the group had called his girlfriend a vulgar name.
Everybody knew right away it was Marcus Vick, the teen said. But when one of the witnesses acknowledged Vick, the football star got back in his car and drove away.
The teen said the group was frightened but wasn’t going to call police.
When the mother of the 17-year-old witness found out, she notified authorities.
This case, like many, could boil down to who a judge believes.
It’s common for judges to have to sort out different versions of what has happened and ultimately decide who to believe, local lawyers said.
“I think that most of the cases we end up prosecuting boil down to credibility,” said Howard Gwynn , the commonwealth’s attorney for Vick’s hometown, Newport News. “One of the first things you have to do is talk to the witnesses yourself. You have to determine if you believe them.”
The case will be tried before a judge in General District Court. If convicted, Vick could face up to three years in jail and a fine of several thousand dollars.
Staff writer Linda McNatt contributed to this report.
Reach Stephanie Heinatz at (757) 222-5563 or stephanie.heinatz@pilotonline.com.
Innocent until proven otherwise. I have lived by that motto. I have also watched Vick spiral. That when this story broke, it really did not surprise me and frankly convicted him here in the forum.
Yet, after reading this article I have serious concerns. A "small black" handgun. I have heard guns described a lot of ways, that isn't one of them.
I also had not heard that 'he said he did not have a gun." All though how good is his word?
Looks like we will have to wait and see what happens in the courtroom.
I sure wouldn't want to be tried by a judge in such a situation.
Hey folks, heard a lot of different stories on the gun, that he had one on him, legal concealed weapon etc.
Vick told the cops he did not have one, NO GUN HAS BEEN FOUND.
Vick's behavior gave me little pause that he just might have done this ... after reading this ... I have to wonder ... are these kids telling the truth?
You add an excellent point. Yet, there are many who feel they would get a better deal with a judge as opposed to a jury trial.
As I mentioned, the gun issue has caught my attention. I had thought the gun had been found and a gun was never in question.
Evidently that is wrong.
Did he wave his right to a jury? The Sixth Amendment made applicable to the States by the 14th Amendment's Due Process Clause requires a jury in criminal cases, unless waived by the defendant.
| Falcons offer support to Vick |
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| George Henry FalconInsider.com |
Jan 14, 2006 |
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ATLANTA - Coach Jim Mora said Tuesday that the Atlanta Falcons continue to support quarterback Michael Vick, whose brother faces serious criminal charges for the third time in two years. "We have talked to Mike only to offer our support to him," Mora responded in an e-mail. "Other than that, the issue is a personal one between Marcus, his lawyers and the authorities in Suffolk, Va." Vick, 25, has not returned messages left on his cell phone the last two days. The three-time Pro Bowl selection's brother, Marcus Vick, was released on a $10,000 bond Monday after surrendering to police in Suffolk. Marcus Vick, 21, is charged with three misdemeanor counts of brandishing a firearm in an alleged altercation with three teenage boys Sunday night. He is scheduled to stand before a judge in Suffolk General District Court on Thursday. Police spokeswoman Lt. Debbie George said convictions on all three counts could result in a three-year jail sentence and a $7,500 fine. This latest incident occurred two days after Virginia Tech dismissed Vick from the football team. School president Charles Steger released a statement citing "a cumulative effect of legal infractions and unsportsmanlike play." Vick, a first-team All-Atlantic Coast Conference selection as a sophomore in 2005, was seen stomping on the leg of Louisville defensive end Elvis Dumervil during the Hokies' Gator Bowl victory Jan. 2 in Jacksonville, Fla. Dumervil disputed Vick's claim that he later apologized. That incident would have resulted in a two-game suspension in 2006, but a revelation that Vick was charged Dec. 17 in Hampton, Va., with two traffic violations _ speeding and driving with a suspended or revoked license _ ended his relationship with Virginia Tech. Before his arrest Monday, Vick declared that he would apply for early entry into the NFL draft. The Falcons made Michael Vick, who led Virginia Tech to the 1999 national title game, the No. 1 overall draft pick of 2001. Atlanta signed Michael Vick to the NFL's richest contract at the time _ $130 million over 10 years _ in December 2004. He helped the Falcons advance to the NFC title game last season, but 2005 marked the first time in Vick's three full seasons as a starter that Atlanta failed to make the playoffs. In a 2004 interview with The AP, Michael Vick believed his brother would eventually learn from his mistakes. As young boys, Michael, Marcus and their younger sister were raised under difficult circumstances in a housing project in Newport News, Va. "I told him you're responsible for your own actions, and the only thing you can do now is try to make up for the wrongs you've done, and . . . prove that everything will be all right," Michael Vick said. "I think he understands that." Marcus Vick must appear in Hampton District Court on Jan. 17 to face the eighth and ninth traffic charges police have filed during the last three years. He was suspended from Virginia Tech on Aug. 3, 2004 _ the same day he pleaded guilty to reckless driving and no contest to marijuana possession in New Kent, Va. On May 14, 2004, Vick was convicted of three counts of contributing to the delinquency of a minor, sentenced to 30 days in jail and fined $2,250. He was found innocent of having sex with a 15-year-old girl. He re-enrolled at Virginia Tech and rejoined the football team last Jan. 17. During the time he spent out of school, Vick maintained a part-time residence at his brother's home in Duluth, Ga. Story URL: http://falcons.scout.com/2/488801.html Copyright © 2005 Scout.com and FalconInsider.com |
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It is extremely rare that a defendant gets a better shake from a judge than a jury. Depends on the defendant and the judge of course.
Martha Stewart would have been wiser to go with a judge probably. She was convicted in part, IMHO, by a jury that was not sympathetic to her and wanted to convict regardless of the evidence.
There is nothing wrong with "small black handgun" as a description of a gun. There are plenty which would fit that description.
Marcus, I hope you turn things around and fast!
MoodyBlu
They didnt go to the cops but mom did...sounds fishy
It seems to me that a real good interrogation of Vick's girlfriend is in order. She could probably shed a lot of light on the "small black gun" or lack thereof.
Indeed, it was easy to jump on Marcus, his record and all and his dismissal from Tech the day before and that was perhaps wrong on my part.
A few things are starting to concern me over this arrest. Of course his actions really do speak for him that if in fact there was NO wrong doing, folks would think he got away with it. (maybe)
LOL, you've convinced me. He should walk on the charge. Particularly since the so-called "victim" described "a small black handgun".
If nothing else, Vick’s history confirms my opinion the NFL has been investing in too many THUGS......
Nothing in Vick’s recent history, points to an individual deserving of “one more pass”....
If found guilty on the dog fighting charges - it would simply point out Vick being overdue for a jail cell and termination from the NFL...
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