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Kenrick Ellis to serve 45 days in jail

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MacUser

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May 21, 2012, 6:33:02 PM5/21/12
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http://espn.go.com/new-york/nfl/story/_/id/7956003/new-york-jets-dt-kenrick-ellis-serve-45-days-jail

"When the New York Jets' mandatory minicamp ends June 14, backup nose
tackle Kenrick Ellis will go to jail for 45 days, but will avoid
deportation.

Ellis, who reached a plea agreement last week in which he accepted a
reduced charge of misdemeanor assault and battery, was sentenced Monday
in Hampton, Va., to 179 days in prison, with 89 days suspended. The deal
also includes two years of supervised probation.

Based on Virginia law, Ellis will serve 45 days with good behavior, his
attorney, Timothy Clancy, said in a phone interview. Ellis will report
June 15 to the city jail in Hampton, where two years ago he was arrested
and charged with malicious wounding -- a felony that carried a five- to
20-year sentence. He was a Hampton University student at the time.

Based on the timing of the sentence, Ellis won't miss any OTAs or
minicamp. The Jets report for training camp July 26, so he will miss a
few days. There is nothing on the Jets' calendar from minicamp to
training camp.

Even though the incident happened while Ellis was in college, his case
is subject to review under the NFL's personal-conduct policy, according
to a league spokesman. However, the timing of the incident will be
considered as a factor, the spokesman said.

Ellis appeared in court Monday and entered an Alford plea, meaning he
doesn't admit guilt but acknowledges the prosecution could prove the
case against him if it went to trial.

That would've been a risk for Ellis, who was born in Jamaica. Because
he's not a U.S. citizen, Ellis faced deportation if he had been
convicted of felony assault, according to immigration law.

This plea agreement "excludes that possibility," according to Clancy,
acknowledging the specter of deportation was "the most huge thing"
during negotiations with the prosecution.

The Jets were aware of Ellis' legal issues when they chose him in the
third round of the 2011 draft. At the time, team officials said they
were comfortable with the risk.

Ellis, who declined last week to comment, is "anxious to get this behind
him," Clancy said. "He wants to get on with his career with the New York
Jets. This (plea deal) is a fair compromise and it protects his ability
to do that."

The timing of the sentence was based around Ellis' football schedule,
according to Clancy.

Ellis was involved in a campus fight on April 10, 2010, when he
assaulted a fellow student on the Hampton campus. Ellis said he was
defending his girlfriend, sources said.

He also faces a $3 million civil suit that was originally filed last
April by the victim, Dennis Eley. In his complaint, obtained by
ESPNNewYork.com, he accused Ellis of beating him unconscious and
breaking his nose and jaw, requiring two surgeries.

Eley's attorney, S. Howard Woodson, recently withdrew the suit, but only
after a technicality meant it was about to lapse under Virginia state
law. Woodson told ESPNNewYork.com late last week he likely would
re-file, barring a mutually agreed upon financial settlement with Ellis.

Ellis appeared in only five games last season, recording six tackles."

John C TX

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May 22, 2012, 2:23:54 AM5/22/12
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> Eley's attorney, S. Howard Woodson, recently withdrew the suit, but only
> after a technicality meant it was about to lapse under Virginia state
> law. Woodson told ESPNNewYork.com late last week he likely would
> re-file, barring a mutually agreed upon financial settlement with Ellis.
>
The family may want to shut up & stop screaming --his mother-- if he gets cut there is nothing to sue.
> Ellis appeared in only five games last season, recording six tackles."

This case bugs me as do many relatively "high profile" cases. This DA or ADA in Hampton may have wanted a jury trial & the exposure it brings & he has the fear of deportation & jail time hanging over someone's head allowing him to squeeze as hard as he wants.

Maybe Ellis is guilty & he was well represented which many kids wouldn't have. You can do a lot to make justice more obtainable with good cops & good & fair DA's.

Michael

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May 22, 2012, 9:33:19 AM5/22/12
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I was thinking the same thing... I know what was *reported* about the
crime. I dont know what happened. At first glance this should not
have even gone to trial. It was said the *victimm* was harrasing KE's
g/f. Then, he went after KE with a baseball bat. From that poit, we
have to assume KE was able to defend the attack. After the attacker
is rendered *neutralized* by use of self defense, any additional
violence by KE after that is an assault or battery on the case of
KE.

Did KE get carried away even after he *neutralized* his attacker ???
We would have to watch the event to make a judgment on that...

John C TX

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May 22, 2012, 1:31:53 PM5/22/12
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Michael I am with you.

He could be guilty but the funny thing is if the guy did have a bat & approached him & Ellis had legal gun. He would have been no-billed in VA.

Michael

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May 22, 2012, 4:02:18 PM5/22/12
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> He could be guilty but the funny thing is if the guy did have a bat & approached him & Ellis had legal gun.  He would have been no-billed in VA.- Hide quoted text -
>
> - Show quoted text -

Yeah... It is odd the way that works out. Depending on the state,
there are provisions in the law to define just about anything as a
"lethal weapon". Given such provisions, shooting a person to death
who comes after you with a pin roller is justifiable homicide. In
many cases, there is no gray area in the law about the "degree of
deadliness" a given weapon might possess. A pin roller and a hand gun
are on equal footing. So.... You can shoot a person with a pin
roller, but a 115 pound woman is not entitled under the law to
defender her life against a 250 pound rapist with a legal hand gun
unless the rapist has a deadly weapon. Same with home intrusions. You
cant shoot a would-be robber or rapist that breaks into your home
unless they are armed.

IMHO... And no, I'm not a gun crazy.... I still think their should be
a federal law that gives the right of every single law abiding citizen
to conceal and carry.
Some states make it IMPOSSIBLE to do so unless you are a cop, x-
military, armored car driver, judge/attorney or politician.

I also think the law makes it too easy to get a gun.

I'll explain... In NJ where I live, you can not get a license to
conceal and carry unless you fit into one of the categories I listed
above. BUT... If you want to buy a hand gun or long gun, just sign
your name and get finger printed. In a few weeks, you've got a fire
arms purchaser ID card. You can also go buy your pistol by getting a
pistol permit (just as easy as the firearms purchaser card). You will
not need to get additional permits to buy long guns. You can get any
rifle or any shot gun any time you like.

I have a real beef with this system. It is MORONIC not to allow
citizens to get a conceal and carry permit... It is equally moronic to
allow people to buy guns without a single training course. Just
because you cant hide a rifle or shotgun in your pants does not mean
it is safe to let any person who is ignorant about firearms go out and
buy one. You should have to demonstrate to experts that you know how
to use, maintain and store weapons and ammunition.

So... IMHO... NJ blows it on both ends... Foolish not to let any
citizen who wants to, carry a gun if they take strict, proper training
and pass the usual background checks. Equally foolish to let any
person buy any sort of a gun and or ammo without a single training
course.

Tutor

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May 23, 2012, 8:18:10 AM5/23/12
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Here's what I read (I don't have source or link). Ellis stormed
across campus to look for his "victim". When he found him, the
"victim" did what any of us would have done when confronted by a
raging 6'5", 350 lb. football player, ... he picked up a bat to
protect himself. Ellis then let loose. Was it a single knock-out
punch or did Ellis pummel him? That, I don't know. But the
allegation that Ellis went looking for him makes his self-defense
argument questionable and any jury could easily find Ellis guilty. In
most cases this could have been pled down to no jail time, but with
the looming threat of deportation following a felony conviction, in
addition to the fairly strong case, the prosecutor had the upper
hand.

Whatever. Once the 45 days is served, the criminal elements of the
incident will be over. The "victim" is now a plaintiff in the
recently filed civil suit. My guess is that Woody's deep pockets work
this into an expensive settlement. If it goes to trial, more of the
details will be revealed.

Now I'd like to see Ellis take out his aggression on opposing Olinemen
and QBs. Particularly Tom Brady.

Tutor

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May 23, 2012, 8:20:39 AM5/23/12
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On May 22, 9:33 am, Michael <mjd1...@verizon.net> wrote:

Michael

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May 23, 2012, 9:44:45 AM5/23/12
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> and QBs.  Particularly Tom Brady.- Hide quoted text -
>
> - Show quoted text -

Tut...

Thanx for posting... I was not aware that KE "went looking" for the
guy he thumped. I was under the impression that KE was with his G/F
and the "victim" was verbally abusing KE's G/F. Then KE protested and
the victim brandished a bat. The news stories I have heard left me
with that impression.

The fact that KE went *looking* for the victim after the fact, in his
mind to "avenge his G/F's honor" makes this a whole new ball game. Now
I can understand why this went to trial.

Tut... I am often fond of saying that "I WILL NEVER LOSE A FIGHT WITH
ANYONE"... You can imagine the reactions that a 5' 9" 175 pound guy
gets when he says that :-). Then I elaborate.... "I wont EVER lose a
fight because I wont have one. A perpetrator may injure or kill me in
an *ASSAULT*, but I will never be a willing participant in a *fight*.
I will walk away, call the cops, do all I can do to avoid a physical
confrontation. If none of those courses of action are able to
separate me from my *attacker*. I wont be losing a *fight*. I will be
criminally *assaulted*. Hence... I wont ever lose a fight because I
wont have one.

From what you describe, KE went *looking for a fight*. Period. He
fucked up. Stupid Stupid Stupid.

The best self defense lesson in the world wont be found in a marshal
arts dojo. It is the simple understanding between the differenct of
what a *fight* is and what an *assault* is. Only an weak minded idiot
wants to have a *fight*. You can cut their audience real short with
five cents worth of wizdom.

For those would-be criminals that employ *professional* violence and
deadly weapons to rob, mug, car-jack and rape, I recommend education,
posession and implamentation of *LEGAL* firearms.

See the Department Of Justice for stats on would-be crimes that were
thwarted by law abiding citizens that used their training of and
possession of fire arms.

BTW... Take a guess how many people a year (includin children) that
are accidentlaly killed by *legal* firearms ???

Now take a guss how many people (including children) that are
accidently killed every year by *leagal* automobiles.

John C TX

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May 23, 2012, 2:21:29 PM5/23/12
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Something doesn't fit in that version. Ellis came for him & he just happened to have a bat? He could have ran which is the standard for deadly force in some states.

Ellis could be a thug. I just think that the prosecutor overreached & woudl have let him plead it out if it wasn't for the NFL.

Tutor

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May 23, 2012, 4:18:07 PM5/23/12
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> accidently killed every year by *leagal* automobiles.- Hide quoted text -
>
> - Show quoted text -

It didn't go to trial. Ellis took the plea. My guess is Ellis would
have been hammered at a trial. In addition, can you fathom the jury
looking at this massive man and the damages inflicted and thinking it
was solely self defense? Not for a minute. I have no idea if the
report I read and summarized above is factual. But that, and the
ultimate threat of deportation, make the 45 days palatable.

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