Ok folks, it is time for the #FFLegalUpdate on Alvin Kamara.
I like to work off of primary source information and I'm lacking some of that, but we can still get into most of it. Let's hit it.
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There's very few things which we knew for certain so far in the case, including the timeline of the incident, report, and finally the arrest.
I'm going to break it down the best I can put it together right now. We'll go facts first, then I'll make a few comments.
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As of now this is what I know:
Kamara was at Drais After Hours in Las Vegas with a group of people. An altercation happened near the elevator. Subsequent to that incident a man was hospitalized with a fractured orbital bone, and Kamara was arrested as the aggressor.
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Kamara was booked in and immediately release on a $5k cash/surety bond posted by a Bail Bonds company. The allegation is Battery with Substantial Physical Harm in violation of NRS 200.481. That charge is a Class C Felony that carries 1-5 years and a fine.
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Now here's where things sort of go off the rails. As I talk about all the time, the media is often sloppy with their reporting. They confuse terms and are imprecise with language leading to confusion. Oftentimes that confusion then multiplies like a game of telephone.
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The initial reports all had the victim contacting police at 5:50 *PM* about the incident. Then there are reports it happened in the early hours of the morning, but Kamara wasn't arrested until after the Pro Bowl because, as Las Vegas Metro spokesman...
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Larry Hadfield said there was “a delay in reporting due to the victim receiving treatment and that the incident had occurred approximately 10 hours prior,”
Either way, there is some confusion about what stage the case is actually currently in.
I say some of these things in my threads over and over but I have a lot of new followers so I need to continue to say them. And hey, if you recognize some of those things that just means you're getting smarter about this stuff. Just keep scrolling, more info below...
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Foremost - a huge pet peeve - I keep seeing that he is being "charged" with this crime. NO. We need to stop this. There are no charges. The case is under investigation for *consideration* of those charges. Massive difference.
Next - he has a "court date" on March 8th. Not really. Yes there is docketing for the 8th, but that's more of what we call a "status" date than a court date. It's a reminder for the court to check on the status of the investigation.
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The docket's exact words are: "Status Check on Filing of Criminal Complaint"
Next - what is this document circling around? It was first posted as the "police report" but it appears that what we are looking at is actually a Probable Cause charging document for use...
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...at the Preliminary Hearing (early stages of a felony) or for filing Misdemeanor charges. I could be wrong, but I don't think that is the police report. In fact, the other document going around has that PC doc, plus a small blurb on Kamara's statement.
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There are things in the PC doc that wouldn't normally appear in a police report. But also, the Kamara part clearly says "page 6 of 6" at the top right corner. I have not been able to obtain the first 5 pages. Their website says only in-person pickup for police reports.
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So, let me make the rest of my comments based on the questions I've gotten today and hear frequently.
Remember I'm working on open-source documents and reports. This is not legal advice. Nor do I have inside information. I'm here to hopefully help people understand.
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Q: Is an orbital fracture really "substantial harm"?
In a word: yes. I've actually had this exact injury on a case and my initial reaction was "come on, really?" But yes, it is quite likely a felonious level injury.
I don't know. But there is a bigger takeaway here. He did himself no favors talking to police. He has now painted himself into a corner and narrowed his path of defense.
But there's a bigger problem. I see it in my DUI practice.
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People OFTEN admit to police officers that they had "a couple" when questioned by police. Never mind that this is something I, officers, and prosecutors, have heard a THOUSAND times (seriously, don't say this), when you make this statement **you admit to consuming alcohol**
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You've already helped the State. People think that if they are good enough talkers they'll get out of it. NO. Stop talking.
Kamara created a similar problem. He already admits to punching this guy. They've got part of their case already. Just say nothing. Not a good start.
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Q: What about this video?
Yeah, this is really the whole deal. Here's where I'm going to divert from primary source information to secondary source. Based on ESPN reports, there is a police report that details what happened and what the video supposedly shows.
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Important: The PC doc is, in fact, pretty weak. But it sounds like the video and police report are not.
In fact, the victim's statement in the PC doc is a MESS. If I were getting to Cross him I'd be licking my chops because he doesn't appear to know exactly what happened.
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Those problematic statements:
- "he was being hit and kicked by multiple people and losses (sic) consciousness"
- "the only one that Greene could remember..."
These are not the statements of a good witness at trial. However, and this is a big however...
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If this video shows what police say it does, the victim's participation will be window dressing, and will be used for things like testimony about the injury, placing himself at the scene, identifying himself in the video etc.
The crazy part is that the video reportedly shows Kamara hitting the victim multiple times, including when he was on the ground. It also reportedly shows 3 other people from his group hitting the victim "16 times". That's damning evidence if true.
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The defense attorney will no doubt argue that Kamara is not responsible for the actions of his group, nor is he the reason the orbital bone was fractured. There is some wiggle room there, but that's just educated guessing. Remember - I haven't seen the video.
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This is a good time to repeat myself: Whenever a victim is involved things are VERY unpredictable. This could be an awful result for Kamara, or the victim could decide down the road to drop it. Just remember - we. don't. know. The victim plays a BIG role in the outcome.
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Ok let's wrap this up as it relates to football.
Q: Is this a career ender?
Unlikely. Just my gut feel from knowing what I know, but I don't think he's done. I'd be more worried about his QB and coach for Dynasty purposes.
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Never rule out any outcome. If this goes badly who knows, but that's my initial thought.
Q: Will he be suspended?
I don't know, but my guess is yes. Regardless of the outcome of the case, which could easily involve some pre-trial diversion...
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,..a video means the NFL is going to have to protect the shield and it wouldn't be odd to see him get 6-ish games. If there are charges, and a conviction, things could get worse. I doubt it is a year-long suspension, but that's in play until we know more.
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Right now as a Dynasty asset I wouldn't feel great about him. Team/football situation is deteriorating fast, and now this. If someone wants to pay 80 cents on the dollar I would do it. Otherwise, you have to hold and hope he threads the needle.
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Finally, remember these are people, and we don't know everything yet. No need to judge everything right away. Let's let it play out and I'll be here to try and read the tea leaves for you.
Also, please use precise language and I'll love you forever for it.
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If something looks odd or confusing, tag me in it and I'll be happy to explain.
My court schedule lightens up considerably the rest of the week so I'll be around for questions or DMs.
I've been following @kellyslater since college and yesterday he won his 8th Pipe Masters 6 days shy of his 50th birthday. Only 2 people have won more than 2 & 2nd place has 4!
Greatest competitive athlete. Ever.
Had to make this edit. The true 🐐! 🤙
Some unbelievable stats for Kelly:
- Most World Titles - 11 (2nd place has 4)
- 5 World Titles in a row from '94-'98 (and 6 out of 7)
- Most Championship Tour (CT) wins - 56 (almost 3x second place)
- Most Pipe Masters wins - 8 (2nd most is 4, 3rd has 3, nobody else has > 2)
- Youngest to win a World Title
- Oldest to win a World Title
- Youngest to win a Championship Tour (CT) event
- Oldest to win a CT event
- He won 5 straight titles, 6 out of 7, *retired for 3 years*, then came back and won 5 more from '05-'11
There are some big developments in the Dalvin Cook situation so it's time to do an #FFLegalUpdate. As anticipated, things are getting messy and Cook has come out of the gates swinging.
As noted previously, Local Court Rules gave Cook 20 days to Answer the allegations against him. I calculated that date as being 12/2. I didn't initially see the Answer so I thought I may have it wrong, but it took a few days to be available online. I've read all the new docs.
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Cook filed the following things contemporaneously:
- An Answer and Counterclaim to the original suit
- A *new* civil suit naming Gracelyn Trimble, her two attorneys, and their law firm as Defendants
- Several interesting Exhibits attached to the new Complaint he filed
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For the new folks: I'm a criminal law expert, currently practicing & celebrating 20 years of practice this year. I've done over 10k criminal cases, & countless cases involving victims, sexually related charges, & appeals on sexual offender classifications.
My podcast #TheAuctionBrief has regular legal updates where I discuss all the relevant cases facing your fantasy teams, and most notably, updates on Watson as the case goes along.
Absolutely brutal court day but it looks like life is gonna tag out for a breather & I have a few minutes to do a #DeshaunWatson#FFLegalUpdate.
I have quite a few new followers recently so some of this info may be repeated, but I'll try to stay away from too much of that.
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First - my standard comment about victims and these cases: Please be respectful to the alleged victims and to what happens to their lives when they come forward. We only know what's in the complaints. We owe it to them, to Watson, and to the legal process to not overreact.
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Second - most of what I'm going to comment on is law stuff. I'm not an "NFL punishment" guru. I know the law because I've been a lawyer for 20 years. But the league is notoriously difficult to read on suspensions. I'll give you my opinion on that, but keep that in mind.
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