Harris Smith Indicted, Pierce Luckier Than Plax

((HT: NYPost))

Plaxico Burress, who caught the winning touchdown pass for the Giants in the 2008 Super Bowl, was indicted today on gun possession charges. Linebacker Antonio Pierce was let off the hook.

The former giants wide receiver ((pictured, thanks Chad Rachman/NYPost)) was indicted on two counts of criminal possession of a weapon in the second degree, class C violent felonies.

He also was indicted on a reckless endangerment charge in the second degree, a class A misdemeanor.

He faces as many as 15 years in prison.

"At the time the defendant shot himself, he was not licensed to carry or possess that pistol in either New York or New Jersey, where he had a home," Manhattan DA Robert Morgenthau said in a statement.

"In this case, we conducted a thorough investigation and then presented the evidence to the grand jury, which evaluated the facts under the applicable law," he added. "The case required a more protracted investigation than does a typical weapons possession case given the number of witness and the need to investigate events both before and after the shooting."

The charges stem from a November incident when Burress accidentally shot himself in the leg in a Manhattan nightclub.

Officials say Pierce was at Burress' side the night of Nov. 29 in the VIP vestibule at Latin Quarter. When the gun went off, Pierce sprang into action to save his teammate's life -- driving the bleeding, trembling Burress to the hospital, said his lawyer, Michael Bachner.

Both men testified before the grand jury last week.

Burress spent three hours in front of the 23 grand jurors, saying he was sorry about bringing his loaded, unlicensed Glock into the nightclub.

"I was truthful. I was honest," Burress said after his testimony. "And I'm truly remorseful for what I've done, for what happened, for what I did."

Giants President John Mara expressed support for Pierce but was noticeably silent on Burress.
"We certainly agree with the grand jury's decision," Mara said.

"We said last week we felt strongly that Antonio's actions did not warrant criminal charges, and obviously the grand jury, having heard all of the testimony, felt the same way."

Coach Tim Coughlin echoed Mara.

"As I said yesterday, we are anxious to start the new season, nobody more than Antonio," he said. "Today's decision allows him and this team to move forward and focus on our preparation for the season."

WAVY-TV in Newport News has local coverage of the indictment.

Sports Director Bruce Rader is in studio...

Burress Testifies In Front Of Grand Jury

((HT: ESPN))

Plaxico Burress testified for nearly three hours Wednesday in front of a grand jury that is investigating weapons charges against him and told reporters outside that he was sorry for his actions.

The former Giants wide receiver, who shot himself in the thigh at a Manhattan nightclub in November now will wait for the grand jury's vote on whether he will be indicted.

"I was truthful, I was honest, and I'm truly remorseful for what I've done and for what happened," the 31-year-old Burress said outside of a Manhattan courthouse.

Burress is charged with criminal possession of a weapon and faces up to 3½ years in prison. He has pleaded not guilty and is free on $100,000 bail. The Giants released the receiver in April.

His attorney, Benjamin Brafman, said the one-time Super Bowl star wanted to address the grand jury, adding his client stressed in his testimony that the gun was not used in the commission of a crime and that he was the lone victim.

"I agreed that in order to humanize him they needed to see who he was and what this man was about," Brafman said, adding, "He asked the grand jury for compassion and understanding. I think it took a big man, not just physically, but a big man to come here today and acknowledge his responsibility and ask for the compassion of the people who he testified before."

Brafman contends that Burress' gun was registered in the state of Florida and that "my client was under the impression that the same was the case in the city of New York."

Brafman said he hopes that Burress' testimony will serve to balance out some of the comments made Monday by Manhattan District Attorney Robert Morgenthau, whom Brafman characterized as having "a lapse in judgment" by speaking publicly about the Burress case while the case is in front of the grand jury.

Morgenthau told the New York Post that Burress was willing to agree to spend a year in jail, but prosecutors insisted on two, the newspaper reported.

"We've always taken the position that he's going to have to go to jail, whether by trial or by plea," Morgenthau said, according to the Post.

Burress, who caught the winning touchdown in the final minute of the 2008 Super Bowl, also could face disciplinary action by NFL commissioner Roger Goodell under the league's personal conduct policy. Burress has yet to sign with another team and Goodell's office announced in June that the league already had started its examination of the shooting.

Here's Chris McKendry tossing to Sal Paolantonio in front of the courthouse...