WOODY: Burress’ act was careless, not criminal

Plaxico Burress is the NFL’s leading lunkhead, a Pro Bowl player in terms of recklessnessand foolishness.

But the New York Giants wide receiver is not a criminal.

Burress shot himself in the right thigh early Saturday morning while in a Manhattan nightclub. He had jammed a .40-caliber Glock pistol into the waistband of his sweatpants, and when he tried to grab the gun as it slid down his leg, the Glock discharged.

So many bad decision were made in a short span of time.

Burress is in trouble for carrying an unlicensed gun in New York. The nightclub is in trouble for admitting someone carrying a gun. The hospital where he was treated is in trouble for not reporting the gunshot wound, as required by law.

Burress, a former standout at Green Run High School in Virginia Beach, had a wad of cash and was wearing expensive jewelry. He took the gun into the city with him for protection.

What a dangerous notion.

Burress could not protect himself from himself. How did he think he was going to protect himself from thieves?

If Burress thought the Manhattan nightclub scene was so fraught with peril, he should have stayed home. At the least, he should have left the gun, the money and the bling at his New Jersey house.

Burress has been charged with two counts of second-degree criminal possession of a weapon — one count for intent to use a gun against another person and one count for possession of a loaded gun outside his home.

If indicted and found guilty, he faces a mandatory minimum sentence of 3 1/2 years in jail.

This sentencing guideline was signed into law in November 2006. In this situation, it is out of proportion to the crime.

Burress should not be exonerated because he is caught the winning touchdown in the Super Bowl in February. Nor should he be excessively punished because he is a professional athlete.

New York Mayor Michael Bloomberg wants Burress prosecuted and punished to the full extent of the law. But the law was put in place to protect police officers, cut down on street violence and neutralize gangs.

Burress was a danger to himself. His inability to safely handle a handgun put those around him in jeopardy.

But he was not going to rob someone on the street, and he is not a gang member.

His punishment should fit the crime.

The Giants have begun their part of the process, suspending Burress for the rest of the season. Next, they should cut ties with him permanently. This is the latest in a string of incidents involving Burress, and the Giants do not need the distractions he creates.

The NFL has a clear policy on gun possession. The organization should send a message to its players and the young people who follow the league and suspend Burress for the 2009 season.

New York City will be better served in this case, and any similar cases, by requiring a year of significant community service instead of jail time.

This means working in homeless shelters, soup kitchens and in schools in New York City’s toughest neighborhoods. It means performing these duties daily under strict supervision and without fanfare.

Something positive can come from this. Sending Burress to jail for 3 ½ years is not the way to achieve it.

Paul Woody is a columnist at the Richmond Times-Dispatch.