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The Official Aldon Smith Thread **UPDATE - 9 GAME SUSPENSION

  • buck
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SAN JOSE, Calif. -- A San Jose man convicted of stabbing 49ers linebacker Aldon Smith has been sentenced to three years of parole.

The San Jose Mercury News reports (http://bit.ly/1nCOKX0 ) that under a plea agreement with prosecutors, 28-year-old Steven Barba was allowed to use his time in county jail as credit against a three-year sentence in state prison.

Barba was convicted last month of stabbing Smith in the leg twice. Smith was not seriously injured.

Judge Hector Ramon on Monday imposed two concurrent three-year sentences of parole on Barba for assault with a deadly weapon and being a felon in possession of a firearm.

The crimes occurred during a 2012 house party at which two people were shot, leading to weapons charges against Smith.

Barba spent more than 560 days in county jail.

Read more here: http://www.sacbee.com/2014/07/15/6556997/man-sentenced-in-stabbing-49ers.html#storylink=cpy


  • Giedi
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Originally posted by NCommand:
Originally posted by SportsFan:
Originally posted by NCommand:
Given the circumstances, does anyone feel Aldon will get off on the gun chargers? That the judge will see his actions as a desperate attempt to get order to a party that spun out of control. From this report, Walker was the one who fired the shots but Aldon came back into the garage with a gun but never fired a shot (and subsequently, got stabbed WITH the gun in hand - from what it sounds like). This shows he had no intent on firing it, just using it to gain order AFTER shots had already been fired by others. Either way, he is one lucky SOB (that he didn't get shot in his garage/stabbed to death). Wow.

http://www.mercurynews.com/49ers/ci_26149148/san-jose-man-gets-3-years-parole-stabbing

The charges against him have nothing to do with firing guns that day. So no. Don't think the judge will take into consideration what happened at the party.

He doesn't have possession of illegal (CA) gun charges against him?

The NFL is in a lot of states where those guns would be legal doe.
Originally posted by buck:
SAN JOSE, Calif. -- A San Jose man convicted of stabbing 49ers linebacker Aldon Smith has been sentenced to three years of parole.

The San Jose Mercury News reports (http://bit.ly/1nCOKX0 ) that under a plea agreement with prosecutors, 28-year-old Steven Barba was allowed to use his time in county jail as credit against a three-year sentence in state prison.

Barba was convicted last month of stabbing Smith in the leg twice. Smith was not seriously injured.

Judge Hector Ramon on Monday imposed two concurrent three-year sentences of parole on Barba for assault with a deadly weapon and being a felon in possession of a firearm.

The crimes occurred during a 2012 house party at which two people were shot, leading to weapons charges against Smith.

Barba spent more than 560 days in county jail.

Read more here: http://www.sacbee.com/2014/07/15/6556997/man-sentenced-in-stabbing-49ers.html#storylink=cpy



What's the difference between three years parole or three years probation because I read the probation and just assumed of that whoever wrote the article confused parole with probation but I guess it's an actual thing. I know guys get out of prison on parole but I was just a little confused. Oh wait, I guess that's what the purpose of a parole officer is. This guy Barba has to report to a PO at certain intervals I assume. I try not to judge people normally but just reading the description of the dude he really just seems like a complete thug to be honest.
Originally posted by baltien:
Originally posted by NCommand:
Originally posted by SportsFan:
Originally posted by NCommand:
Given the circumstances, does anyone feel Aldon will get off on the gun chargers? That the judge will see his actions as a desperate attempt to get order to a party that spun out of control. From this report, Walker was the one who fired the shots but Aldon came back into the garage with a gun but never fired a shot (and subsequently, got stabbed WITH the gun in hand - from what it sounds like). This shows he had no intent on firing it, just using it to gain order AFTER shots had already been fired by others. Either way, he is one lucky SOB (that he didn't get shot in his garage/stabbed to death). Wow.

http://www.mercurynews.com/49ers/ci_26149148/san-jose-man-gets-3-years-parole-stabbing

The charges against him have nothing to do with firing guns that day. So no. Don't think the judge will take into consideration what happened at the party.

He doesn't have possession of illegal (CA) gun charges against him?

I don't think he'll get off, but I doubt he sees any time behind bars. Far as suspension by the league, I'm guessing 2-4 games in light of him taking voluntary leave last season. Really it should be no game but you know Goodell loves to make a statement (or at least give the appearance).

So at this stage, what (left) is he being charged with at this juncture (sorry, been out of the loop a bit) for the hearing on July 25th?
[ Edited by NCommand on Jul 15, 2014 at 9:55 AM ]
Just to be clear, the gun Aldon had out at the party was not one of the assault rifles. It was a pistol.
  • buck
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When a prisoner is let out of prison prior to serving the complete sentence, the prisoner is placed on parole.

He has to follow the rules established as part of the parole or he can be returned to prison.

Probation is similar, but it is for a person who is not in prison.

Probation can be seen as a substitute for doing prison or jail time.


[ Edited by buck on Jul 15, 2014 at 2:11 PM ]
Originally posted by SonocoNinerFan:
Just to be clear, the gun Aldon had out at the party was not one of the assault rifles. It was a pistol.

But he owned illegal weapons, which is still a charge, right?
  • buck
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Originally posted by NCommand:
So at this stage, what (left) is he being charged with at this juncture (sorry, been out of the loop a bit) for the hearing on July 25th?

Aldon plead no contest to three felony gun charges and one misdemeanor DUI charge.

The guns were found when the police searched Aldon's house after the house party where Aldon was stabbed.

Apparently, Aldon fired shots into the air with a pistol, but not with the rifles that are part of the felony gun charges against him.

I think that His firing the pistol into the air was not done with malicious intent and therefore his was not charged for that.

If the guy who did the stabbing was out on parole and did not get sent back to prison there is NO logical way that Aldon can serve any time for his charges. Well, that is my opinion.

He should get probation, a fine, and community service, or some combination of the three.

There is a chance, a good chance in my estimation, that the judge will lower the felony gun charges to misdemeanor charges.

He will be sentenced on July 25th.


[ Edited by buck on Jul 15, 2014 at 1:31 PM ]
Originally posted by JimHarbaugh:
Originally posted by SonocoNinerFan:
Just to be clear, the gun Aldon had out at the party was not one of the assault rifles. It was a pistol.

But he owned illegal weapons, which is still a charge, right?

Yes, the Sheriff came back a couple days later and searched the house and found the assault rifles and confiscated them . . . then charged him 14 months later. I just wanted to be clear that Aldon didn't come running out of his house party like Rambo with bandoliers and an assault rifle in each hand.
I hope he gets some new friends,, grows up quickly and is able to enjoy a great life.
Originally posted by buck:

If the guy who did the stabbing was out on parole and did not get sent back to prison there is NO logical way that Aldon can serve any time for his charges. Well, that is my opinion.



The guy who stabbed Aldon and started this whole mess is not going to prison and is not getting suspended by his employer (if he has one). Yet Aldon is getting suspended for defending himself?

Yeah, that's fair.
Originally posted by NCommand:
So at this stage, what (left) is he being charged with at this juncture (sorry, been out of the loop a bit) for the hearing on July 25th?


He is being charged with defending himself, and for defending his home. For which he might serve time and/or get suspended by his employer.

The person who stabbed him is not going to prison or facing a suspension of any kind.
  • buck
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Originally posted by BrianGO:
The guy who stabbed Aldon and started this whole mess is not going to prison and is not getting suspended by his employer (if he has one). Yet Aldon is getting suspended for defending himself?

Yeah, that's fair.


Originally posted by BrianGO:
Originally posted by NCommand:
So at this stage, what (left) is he being charged with at this juncture (sorry, been out of the loop a bit) for the hearing on July 25th?


He is being charged with defending himself, and for defending his home. For which he might serve time and/or get suspended by his employer.

The person who stabbed him is not going to prison or facing a suspension of any kind.

First, try be truthful.

Aldon Smith is not being charged with defending himself and his home.

His actions at the house party were not illegal and are included in the charges.

He is being charged with a misdemeanor DUI and three felony gun charges.


The NFL is not going to suspend Aldon Smith for defending himself. I know that and you know that.

If Aldon Smith is suspended, it will be for the accumulation of incidents involving him that required the presence of the police.

I understand that you do not think that Aldon should be suspended, but your argument does not require the twisting of reality for it to be a valid argument.

[ Edited by buck on Jul 15, 2014 at 6:24 PM ]
Originally posted by buck:
Originally posted by NCommand:
So at this stage, what (left) is he being charged with at this juncture (sorry, been out of the loop a bit) for the hearing on July 25th?

Aldon plead no contest to three felony gun charges and one misdemeanor DUI charge.

The guns were found when the police searched Aldon's house after the house party where Aldon was stabbed.

Apparently, Aldon fired shots into the air with a pistol, but not with the rifles that are part of the felony gun charges against him.

I think that His firing the pistol into the air was not done with malicious intent and therefore his was not charged for that.

If the guy who did the stabbing was out on parole and did not get sent back to prison there is NO logical way that Aldon can serve any time for his charges. Well, that is my opinion.

He should get probation, a fine, and community service, or some combination of the three.

There is a chance, a good chance in my estimation, that the judge will lower the felony gun charges to misdemeanor charges.

He will be sentenced on July 25th.



I love you buck!
  • buck
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Originally posted by NCommand:
I love you buck!


Thanks.

Not everyone does. Especially in this thread.