Well, I hope some of you read my cliffs notes and other docs regarding Gilbert's Gun Jokes and the sentencing recommendations. Obviously, there is nothing more I can say besides what I would do if I were the judge.
My sentence if I were the judge is this:
36 months in prison (three years), with 30 months suspended, plus three years of probation, plus 300 hours of community service
Yes the sentence would go above the recommendations, but note that barring a fight in prison or him smokin' and getting caught with Mary Jane, Gilbert would only get six months in the clink. Also if he fucks up again, he goes back to serve the FULL TERM.
Why Judge Wiz06 Sentenced him harsher than the recommendation based on those affidavits
1. Gilbert committed the felony. He admitted to it. He clearly intimidated Javaris Crittenton at the time, and other teammates believed his threats to shoot Crittenton were also BELIEVED to be genuine, no matter what his real intention was.
2. Gilbert has another offense on his record, related to guns, once again going with the prosecution. Sure, it was regards to a gun in an unlocked container, but still, it happened.
3. The seriousness of the situation could have been much worse. What if Javaris had a gun with ammo? The official proffers said there is no indication of it, but you never know. What if he did have a bullet and shot and killed Gilbert? Or one of the other teammates in that room?
4. Generally the prosecution's memo is pretty damning. Given the behavior Gilbert showed and for the most part admitted to, the prosecution likely would have wanted a more harsh sentence, but didn't because of the plea deal. I give the green light for the harsher sentence, but only because THE FACTS are THERE, even without the prosecution's assumption that Gilbert truly wanted to intimidate Javaris AND only was sorry that his career is in jeopardy.
5. This is probably the most damning to me. The defense's affidavit to show Gil as charitable is admirable and the references he has show he is a good man. But first, everyone down deep in the core is a good person, even despotic dictators are. Second, this affidavit is self serving, but as a judge, the prosecution's affidavit is also self serving. Still, the defense has one major flaw and that is with the character references.
Among the 32 character letters, all of which I summarized, his list only included two people in the Wizards organization, the community relations director and the equipment manager. Only ONE basketball player, a WNBA superstar, gave him a reference.
Let me take a step back and acknowledge that Gilbert's Wizards teammates and coaches and Ernie Grunfeld at the time (Which would include D-Mac, Mike James, Butler, Jamison, Brendan, and DeSwag) of this event probably could not give a reference for him even if they wanted to given that they were witnesses. They could argue themselves to be victims for that matter.
But no letter from the majority owner Irene Pollin or the CEO Robert Pollin, no letter from minority owner Ted Leonsis, no letter from David Stern (who could have given a letter too), and no letter from ANY NBA player is pretty damning in and of itself. Where is a letter from Arizona coach Lute Olson? He’s still alive I think. I don’t think Stern or Derek Fisher would object to any NBA player writing a reference for Gilbert, and that is damning since no one did, or at least no NBA player’s letter became an exhibit for the affidavit. Perhaps Larry Hughes or Richard Jefferson among others could give him a reference since they were teammates of his at one point. My conclusion is perhaps NBA players in public say they like Gilbert, but in the locker room they think he’s an ass. Apparently Caron HATED Gilbert this season, though he took the high road every time.
Why Judge Wiz06 Didn’t Give Him the Max, and suspended his sentence to six months in the clink
1. Once again, Gilbert’s references come to play, this time to help him. He is a community presence, has been charitable both in public (Zero to Hero and Gilbert Scores for Schools) and in private (the neighbor and the Chicago autograph hoard). Yes, he can help the community, but a short incarceration period is warranted in my opinion.
2. Gilbert is a repeat offender with guns, and the short six month sentence will allow him to play in the NBA this season for the Wizards, presumably at least, and he gets to serve the community sooner rather than later. If Gil does any other criminal activity after his sentence minus a minor speeding ticket, the remaining 30 months in prison is the insurance policy to deter him if nothing else. So if Gil is caught with pot after he’s free in six months, he goes to prison for those additional 30 months. That’s what a suspended sentence does.
Do I think Gilbert should play with the Wizards again?
I think most of you know from my previous posts that I don’t want him back and I want him voided. So no, I don’t think he should. The team made a pretty clear divide once he got suspended, and so did the NBA for that matter. I doubt he’s gonna get a sentence that would eat into the 2010-2011 season and no team would trade for him right now, so with that being said, he is gonna be on this team otherwise and I will just hope he doesn’t screw up again.
There are of course a number of Gilbert should stay with the Wizards guys too, and they hope that the Wizards can be a surprise team next year since we all know Arenas thrives being in the underdog role, and this next role will be his greatest. At least we know his knee is fine now, since he played through 32 games relatively well.
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