Zack Scott's Lost Night

[G-Fafif]

Not guilty.

[kcmets]

CNBC 01/06/2022 -

https://www.cnbc.com/2022/01/06/former-new-york-mets-gm-zack-scott-not-guilty-in-dwi-case-that-cost-job.htmlFormer New York Mets acting GM Zack Scott found not

guilty in DWI case that cost job

[Frayed Knot]

iow: I didn't do it and I won't do it again.

[Gwreck]

Sleeping in your car at 4 AM while illegally parked, on the night after a team function at the owner's house is a tremendous lapse of judgment, even if he was not driving while intoxicated. Plenty to apologize for.

[Centerfield]

I see something like this, and I wonder how much trouble I avoided because at some point in the night, I look at my watch and say "alright guys, it's been fun, but i better get home before my wife kicks the shit outta me".

[ashie62]

innocent my ass

[kcmets]

Not to flog a now-dead story, but was there no breathalyzer or blood test?

I've never heard of anyone getting off by not appearing drunk on a body-cam

video of a sobriety field test being played in court. And if he didn't appear drunk

in the field tests why was he arrested. Shouldn't the officer have to answer to that?



It all really doesn't add up but whatever.

[Edgy MD]

There's ambiguity from case to case, jurisdiction to jurisdiction, and jury to jury as to whether a guy found drunk at his wheel in a non-moving vehicle constitutes DWI.



A number of factors (Was the engine running? Was the car seen to have been in gear at any point? Was the car pulled away from the curb?) can move the needle.



"It was cold and I was keeping the engine running to stay warm while I waited for my ride to come. I also wanted to listen to the radio to help me stay awake."



It's a gray area. If cops come across a drunk-looking person in the driver's seat, should they wait until the car is in motion to get the full violation, or intervene immediately in the name of safety? Different cops may answer differently. Most jurisdictions treat DUIs/DWIs as serious misdemeanors rather than felonies, but there are plenty of departments that are going to judge an officer largely on his or her arrest stats, so there may be motivation to get an arrest-able offense out of the situation.

[kcmets]

I know all that, but if you or I were found sleeping in a running car at a traffic

light and charged with a DWI in White Plains, NY at 4:00 am I can assure you

(98.378% of the time) you're getting the book thrown at you. And rightly so.



He skated.

[Edgy MD]

Sounds like he did have the book thrown at him by prosecutors, but the judge wasn't persuaded during the trial and instead found him guilty on lesser charges. This was reported to be the expectation weeks ago during the trial, when the bodycam footage was reportedly inconclusive.

[kcmets]

It's like you haven't read what I wrote.

[Edgy MD]

I thought I read fine. I'm not sure what suggests otherwise, but I am sorry.



OE: I think the difference is the understanding of "throw the book" which I have used to mean the prosecution aggressively charges a guy, but I think you use to mean when a court aggressively convicts and sentences a guy, which is probably the more common meaning. I will work on my idioms and get back to you.

[G-Fafif]

Scott had been pulled over at 4:17 a.m. on Aug. 31 in White Plains, just down the block from the courthouse he occupied Thursday. He had been on his way home from Mets owner Steve Cohen's fundraiser earlier that night in Greenwich, Conn. On body-camera footage shown during the trial, Scott acknowledged to officers that he'd been drinking roughly two hours earlier at The Blind Pig of Westchester, a restaurant down the block from where he was stopped. Officer Frank Confalone conducted a standardized field sobriety test on Scott, consisting of three tests: The horizontal gaze nystagmus (checking for jerking of the eyeballs, which increases when someone is intoxicated), the walk-and-turn and the one-legged stand. Confalone determined that Scott failed each of the three tests, and he thus arrested him on suspicion of DWI. At the police station, Scott twice declined a chemical breathalyzer test; he had not been offered one at the scene as the officers there did not have the necessary equipment with them for a test.

https://theathletic.com/3054894/2022/01/06/former-mets-executive-zack-scott-found-not-guilty-of-dwi-what-happened-at-the-trial-and-his-reaction-to-the-verdict/https://theathletic.com/3054894/2022/01/06/former-mets-executive-zack-scott-found-not-guilty-of-dwi-what-happened-at-the-trial-and-his-reaction-to-the-verdict/

[Benjamin Grimm]

I'll let Fman comment on the part about "jerking of the eyeballs".

[bmfc1]

Good for Zack. I hope that he can get another job in baseball soon. (I am not commenting on the justice system, "white man's justice", or anything else; I am just glad that the legal part of this is over.)