Aldon's suspension is nine games

[RichNhansom]

My question is why even say you are going to take rehab into account when you clearly aren't?

I don't know if I'd say they didn't take it into account, but the fact that he hasn't kept himself 100% out of trouble since then may have negated the fact that he went to rehab.

No matter how you slice it though, it's a severe penalty and with that many games missed by a player of his talent, it would hurt any team.

At least you'll have him back and should be up to full speed by the time we play each other on Thanksgiving.

Pandean Hailous? (SP) just nailed this theory to the wall in the Ray McDonald thread where they are trying to now get credit for what a wonderful franchise the Niners are by sending Smith to rehab. In here they want Smith to get credit for voluntarily submitting himself to rehab.

Gotta say it is getting hard to keep up with all the Niner arrest threads though. Let's see Culliver, Smith, McDonald and Brooks. Am I missing anyone. At this rate I'm going to need a calculator to keep track here pretty soon.

 

[GeekHawk]

.25 is blackout drunk, choke-and-maybe-die-on-your-own-puke territory. Just opening a car door and getting in would be a small miracle.

You must not be a drinker. .25 is nowhere near that drunk, it's just 'really drunk'. What you get when you're a loud obnoxious drunk. Shoot, the legal limit for driving was .16 or so in most states until the '80s! The reason for that was that by the time you hit .15 or .16 people could tell you were drunk. .08 was chosen by MADD as the level where it might start having the slightest effect on your reaction time. Choke-on-your-own-puke-and-die territory is more like .35 or more, and die-of-alcohol-poisoning is closer to .5

 

[chris98251]

Don't forget tolerance build up, longtime alcoholics can put away a lot of booze and appear much more in control yet their Blood Alcohol level can be huge. Throw in size weight etc and it can vary based on intake.

 

[253hawk]

He fired into the air in a crowd. Just as dumb. Do you think everyone knew it was in the air? It triggered more gun shots and people getting shot. Don't minimize it.

Right, because firing a gun in the air to break up an altercation is exactly the same as shooting AT people.

Its stupid as all hell, but there is a difference between stupidity and attempted murder.

The terminal velocity of a round fired straight into the air is still enough to fatally wound someone (despite it being illegal in most states to fire into the air to begin with.)

You must not be a drinker. .25 is nowhere near that drunk, it's just 'really drunk'. What you get when you're a loud obnoxious drunk. Shoot, the legal limit for driving was .16 or so in most states until the '80s! The reason for that was that by the time you hit .15 or .16 people could tell you were drunk. .08 was chosen by MADD as the level where it might start having the slightest effect on your reaction time. Choke-on-your-own-puke-and-die territory is more like .35 or more, and die-of-alcohol-poisoning is closer to .5

For the average person (build and alcohol tolerance) .25-.30 is in the pretty damn serious range even though the scale isn't ultra-consistent for when the symptoms will occur.

 

[Marvin49]

He fired into the air in a crowd. Just as dumb. Do you think everyone knew it was in the air? It triggered more gun shots and people getting shot. Don't minimize it.

Right, because firing a gun in the air to break up an altercation is exactly the same as shooting AT people.

Its stupid as all hell, but there is a difference between stupidity and attempted murder.

The terminal velocity of a round fired straight into the air is still enough to fatally wound someone (despite it being illegal in most states to fire into the air to begin with.)

You must not be a drinker. .25 is nowhere near that drunk, it's just 'really drunk'. What you get when you're a loud obnoxious drunk. Shoot, the legal limit for driving was .16 or so in most states until the '80s! The reason for that was that by the time you hit .15 or .16 people could tell you were drunk. .08 was chosen by MADD as the level where it might start having the slightest effect on your reaction time. Choke-on-your-own-puke-and-die territory is more like .35 or more, and die-of-alcohol-poisoning is closer to .5

For the average person (build and alcohol tolerance) .25-.30 is in the pretty damn serious range even though the scale isn't ultra-consistent for when the symptoms will occur.

I'm not sayin' it was smart to fire a gun in the air. There is this thing called gravity and it escalates a situation...so It's stupid as all hell...but there is a difference between firing a gun in the air to end a confrontation and pointing a gun into a crowd of people and opening fire.

The difference is INTENT.

If you can't see that its because you really don't want to.

 

[Treghc]

He fired into the air in a crowd. Just as dumb. Do you think everyone knew it was in the air? It triggered more gun shots and people getting shot. Don't minimize it.

Right, because firing a gun in the air to break up an altercation is exactly the same as shooting AT people.

Its stupid as all hell, but there is a difference between stupidity and attempted murder.

It actually is generally treated as the same.

The only time firing a gun is acceptable is when it is used in self defense against someone that has a method of causing traumatic harm against you. Warning shots are not allowed and are considered illegal acts. It desn't matter where the gun is pointed, the law considers it the same.

I'm not saying that firing a gun in the air is the same as attempting to shoot someone, but rather that firing a gun in the air is treated the same as shooting near someone that isn't looking to intentionally cause traumatic, physical harm to someone else. If someone steals from you and is running away, you cannot shoot them. Even if someone is in a simple shoving match or (in most cases) a simple fist fight, you still cannot discharge a firearm. Someone's life needs to be threatened (a fist fight between a 280 lb boxer and a 120 lb highschool student couuld be considered life-threatening under the right circumstances).

Laws around firearms are extremely strict and there is not a big difference between shooting someone and shoting near someone, let alone shooting near someone and shooting while near someone. There are huge consequences for either act, intent or not. Remember that "intent" is a difficult thing to prove one way or the in the eyes of a court. Firing a gun at all sways people towards malicious usage.

 

[253hawk]

Uh...all I said was that an airborne bullet with an arc trajectory can still kill someone. Any time someone pulls a trigger -- regardless of intent -- they're taking a major risk with people's lives.

 

[Seahawk Sailor]

Then the gets the weapons charges, as a result of hosting a party where other guys were shot and he was stabbed. That's why police searched the house, and found the illegal weapons.

That's not a reason to search the house. If someone else commits a crime in my house and I am injured as a result, that does not give police carte blanche to search the non-relevant portions of my house.

If someone is shot by someone at your party, then it is only common sense that the police search your house for guns. Non-relevant portions of your house? WTF does that even mean? A gun can be hidden anywhere in a house.

I think he means the hidey-hole for his marijuana stash. That would be non-relevant to a weapons charge.

Smith's bac was only .15, by the way. For comparison, notorious heavy drinker Amy Winehouse died of toxic alcohol poisoning at .4 bac.

 

[Largent80]

Smith's bac was only .15, by the way. For comparison, notorious heavy drinker Amy Winehouse died of toxic alcohol poisoning at .4 bac.

Winehouse was on a different level. She could drink Dom under the table, even though he only drinks 6 months out of the year... :roll:

 

[loafoftatupu]

Firing a gun in the ground is safer than firing it in the air, but in either case discharging a firearm without using it to defend a life or the threat of it is illegal. Firing a warning shot is not acceptable to a court.

This I have witnessed first hand. The gentleman that did it called 911 AND fired a warning shot.

He is no longer allowed to possess a firearm, but he did not go to jail and paid a large fine.

I say it in this way, the firearm should not even be brandished without the situation being life threatening. That doesn't mean it has to be shot, but in a courtroom a gun owner would need to be able to claim their life or another life was in immediate danger. Without it even a shot in the air is something like attempted felony assault or improper discharge.

Heh.. improper discharge is something a visiting female Donkos fan would know something about.

 

[Marvin49]

Firing a gun in the ground is safer than firing it in the air, but in either case discharging a firearm without using it to defend a life or the threat of it is illegal. Firing a warning shot is not acceptable to a court.

This I have witnessed first hand. The gentleman that did it called 911 AND fired a warning shot.

He is no longer allowed to possess a firearm, but he did not go to jail and paid a large fine.

I say it in this way, the firearm should not even be brandished without the situation being life threatening. That doesn't mean it has to be shot, but in a courtroom a gun owner would need to be able to claim their life or another life was in immediate danger. Without it even a shot in the air is something like attempted felony assault or improper discharge.

Heh.. improper discharge is something a visiting female Donkos fan would know something about.

I agree with all of that.

Someone mentioned that he didn't know that Aldon had fired into a crowd. I said it didn't happen.

Then this got all wanky and peeps started comparing the two like they are the same. Firing into the air was stupid. Actually stupid is too weak a term...extraordinarily stupid. Not safe. Doesn't resolve issue. Actually escalates the problem instead of resolving it.

That's not the point tho. What he did not do was point his gun at a crowd of people and pull the trigger. Not saying what he DID do was somehow "ok".

Aldon did not pick up a gun, see a group of people and willfully shoot into that crowd. That's it. You will not coinvince me that shooting into the air despite it's stupidity and potential dangers is exactly the same as shooting into a crowd of people.

 

[loafoftatupu]

It was a stupid thing to do period, but even more so when a crowd is present. Air or whatever. Even brandishing is like one of the worst ways to calm a situation.

Once it happened, the popo has every right to search the house too. Stabbing, gun fire and a party at Aldon Smith's place. Sounds like a quality group of peeps.

Aldon didn't do it anyway. He was distracted by someone making a hard count.