NEW YORK (AP) — Former New York Giants star Plaxico Burress was indicted by a grand jury on weapons
charges for shooting himself in the thigh at a Manhattan nightclub and faces a minimum prison sentence
of 3 1/2 years if convicted, prosecutors announced Monday.
The indictment charged the 31-year-old Burress with two counts of criminal possession of a weapon and one
count of reckless endangerment, Manhattan District Attorney Robert Morgenthau said.
"The grand jury applied the law to the facts of this case," Morgenthau said. He said the
accidental shooting at the Latin Quarter nightclub on Nov. 29 was treated "like any similar case
against any other defendant."
Burress’ lawyer, Benjamin Brafman, said he was disappointed but not surprised by the indictment, which
came after Burress testified before the grand jury and expressed remorse.
"When you have the mayor and the district attorney both publicly demanding a maximum prison
sentence, it was perhaps too much to hope for the grand jury to conduct a sympathetic review of the
unique facts of this sad case," Brafman said in a statement.
Burress’ former teammate Antonio Pierce, who was with Burress in the club and drove him to the hospital,
was not indicted.
The panel also did not indict the nightclub security guard who carried the gun to Pierce’s car or the
hospital staff members who failed to notify police that Burress had been shot.
Morgenthau said hospital personnel were guilty of "a screw-up rather than a cover-up" and the
security guard exhibited "bad judgment in the first degree" but did not commit a crime.
Pierce, who also testified before the grand jury last week, was practicing with the Giants in Albany when
he learned of the panel’s decision.
Giants President John Mara said the team was pleased that the linebacker was not indicted.
"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," he said.
Pierce’s lawyer, Michael Bachner, said, "By appearing before the grand jury for almost three hours
and answering the grand jury’s very direct and very considered questions, it was clear to us that they
understood that Mr. Pierce acted as any citizen under extraordinary circumstances would have
acted."
Burress was at the Latin Quarter nightclub Nov. 29 when a gun tucked into his waistband slipped down his
leg and fired, shooting him in the right thigh.
Prosecutors said Monday that after taking Burress to the hospital, Pierce drove the gun to his own home
in New Jersey — not to Burress’ home, as was originally reported. They said he later arranged for it to
be taken to Burress’ home.
Assistant District Attorney John Wolfstaetter said the bullet that hit Burress narrowly missed a
nightclub security guard who was standing inches away.
The bullet lodged in the floor and was recovered by a bartender, Morgenthau said.