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Kenrick Ellis to Appear in Court Tomorrow
Kenrick Ellis to Appear in Court Tomorrow
Source: thejetsblog.com by Bent
Earlier this week, news surfaced that DT Kenrick Ellis had resolved his legal case by agreeing to accept a lesser misdemeanor charge for assault and battery. Tomorow, he will appear before a judge, who is expected to approve the plea deal and hand down a sentence.
Based on comments from the victim’s representative, it was reported that the plea deal would come with six months of active jail time, although it was also reported that – under Virginia law – Ellis would only need to serve half of that time (90 days, with credit for any time served). However, Ellis’ reprentatives later disputed some of the details that had been reported, but declined to enter into any specifics. There are no details about when such a sentence (if accurate) would be served, but it could theoretically be delayed until after the season, especially since the victim is still hoping to win a civil suit against Ellis pertaining to the incident, so adversely affecting Ellis’ earning potential would not seem to be in the victim’s interest.
Another issue that was a major concern was the possibility that the Jamaican native could be deported. It was reported that he wouldn’t be deported as long as the offense was reduced from a felony to a misdemeanor. While it’s worth noting that not only can assault and battery be either a felony or a misdemeanor but also a misdemeanor offense can still lead to deportation under Virginia law, a team source did tell Manish that Ellis won’t be deported.
Another issue that needs to be considered is whether Ellis could face a suspension from the league. A league spokesman e-mailed Rich Cimini to say that the incident is subject to review, but that the timing “would be considered”. So, let’s consider the timing…
A quick look at details of the NFL’s Personal Conduct Policy would appear to suggest that Ellis does not come under the list of players covered by the policy. Covered Persons are defined as follows:
Covered Persons: This policy applies to all players under contract; all coaches; all game officials; all full-time employees of the NFL, NFL clubs, and all NFL-related entities; all rookie players once they are selected in the NFL college draft; and all undrafted rookie players, unsigned veterans who were under contract in the prior League Year, and other prospective employees once they commence negotiations with a club concerning employment. Clubs are strongly encouraged to communicate this policy to independent contractors and consultants and to make clear that violations of this policy will be grounds for terminating a business relationship.
So, given that the incident took place well before Ellis was drafted, it would appear that the NFL’s policy cannot touch him. Or can it?
One thing giving me pause is the five game suspension handed out to Terrelle Pryor in August 2011. The Supplemental Draft during which the Raiders selected him hadn’t even taken place yet, so there’s no way he could have been a “covered person”. After some initial media outrage and talk of an appeal and/or lawsuit, Pryor eventually served the five games in full. So, there is a precedent for an NFL player being punished under the Personal Conduct Policy for events that took place before they were in the NFL. However, there were extraneous circumstances. Pryor had already agreed to serve a five game suspension for the following season at Ohio State, so the commissioner’s office apparently felt it was fair to insist on him serving this after he decided to forego his final year of eligibility and enter the NFL via the Supplementary Draft. Also, the league seemed reluctant to call this a suspension under the personal conduct policy.
Returning to Ellis and the timing of his incident, it’s interesting to note that he was arrested on April 12th, 2010 (with the incident having taken place a few days before that). While it wasn’t until April 15th, 2010 that the media reported that Roger Goodell sent teams a memo highlighting the Personal Conduct Policy which was set up in 2007 and indicating that this would be applied more stringently going forward, Jason LaCanfora reported that it was issued on the previous Wednesday, April 7th.
Another thing to bear in mind was that the NFL elected not to punish players for offenses committed during the lockout, presumably on the grounds that the work stoppage meant that they shouldn’t be treated as “covered persons”. They did reserve the right to punish “repeat offenders” such as Aqib Talib and Kenny Britt, but ultimately neither was suspended.
Ultimately, it would seem to be extremely unfair if Ellis is forced to serve a suspension and hopefully his situation is different enough from Pryor’s that he couldn’t face sanctions under the same set of rules. However, if the league do feel they are within their rights to take action, he could be looking at a suspension of eight games or more. Remember, Ben Roethlisberger was suspended for four games under the Personal Conduct Policy without even being charged with a crime. Having said that, most of the players disciplined under the Personal Conduct Policy have been multiple time offenders.
The Jets haven’t received enough credit for the fact their players have been staying out of trouble. Since Braylon Edwards was arrested for DUI on September 21st, 2010, there have been 76 NFL arrests. None have been Jets players or staff members.