San Francisco 49er linebacker Aldon Smith has been given another break for his criminal trespasses. Smith was sentenced to 12 days in jail after pleading guilty on weapons and DUI charges.
The charges stemmed from a September 2013 arrest by Santa Clara County Sheriff’s office for a one-car accident and felony assault weapons charges in October 2013 from a house party in June 2012. In the September arrest, Smith was also charged for driving while being under the influence of twice the legal limit of alcohol.
However, notably, Smith was given credit for serving one day in jail and the remaining days can be served by participating in a work crew on Mondays starting July 28th, which effectively avoids any jail time. Smith will will also have to complete 235 hours of community service and pay a $2,000 fine which seems virtually pointless considering Smith’s $14 million plus salary.
The most enabling part of the sentence by Judge Daniel Nishigaya was reducing the felony weapons charges to misdemeanors. Judge Nishigaya claimed this was because Smith had no “record of violence.” True, but Smith had quite a recent history of being arrested and enabled through jurisdictions electing not to charge or reducing the charges.
On April 13, 2014, Smith was taken into custody and charged for making a false report of a bomb threat at Los Angeles International Airport. On July 1st, the Los Angeles City Attorney’s office announced that Smith would not face further charges. Another charge dodged by Smith. In addition, in September 2012, Smith was arrested for DUI in Miami Beach, FL. Those DUI charges were later reduced.
49ers general manager Trent Baalke said the 49ers organization was pleased with the process. Smith’s father Thurston Smith told the San Jose Mercury News that he knows that his son is “very pleased with what transpired.”
No kidding. Smith just had felony charges reduced to misdemeanors and got an effective slap on the wrist for Smith’s multiple charges. It is hard to not question that Smith’s celebrity status and 42 regular-season sacks are behind the lenient sentence.
Smith has already had other incidents in the past two years and most of them seem to involve use of alcohol. Harbaugh’s sincerity about his players being “above reproach” was seriously questioned when Smith played the Sunday game just two days after his September DUI arrest.
No need to suspend Smith unless the league ordered it seemed to be Harbaugh’s strategy. Even after Smith entered a rehabilitation facility after playing in the game, Smith was able to return again to play for the 49ers for the last seven games of the season.
The immediate focus for the 49ers and Smith will obviously be what Roger Goodell and the NFL will decide as far as suspension and penalty. Based on the huge pass given by Judge Nishigaya, it seems likely Smith will only receive a 1-3 game suspension, if that. The message is clear that Smith is a star and he needs to be on the field despite his multiple incidences involving guns and alcohol.
But when will enough be enough for NFL? The NFL needs to send a strong message to Smith and the 49ers who have had multiple player incidents in the off-season that players need to be accountable for their actions despite their talent.
Smith has shown a complete disregard for obeying the law with regard to driving while impaired by alcohol, owning assault weapons and allegedly acting inappropriately in an airport where there is heightened concern due to terrorist events like what occurred in Ukraine this week. Non-celebrities know that there are serious consequences to making “bomb” references while at an airport. Why should Smith be held to a different standard?
Without making Smith accountable for his actions, what indications do we have that this latest “gift” and enabling of Smith will result in different and lawful behavior? Playing in the NFL is a privilege and not a right.
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