Yeah looking at the statute looks like you can get more time for the deferral past a year so I stand corrected but just not sure about the 4 years. I have never seen that happen before. That seems way too long and looks more like a felony to me and maybe a misprint from the newspaper.spider wrote:If you're equating "probation" with a deferred imposition of sentence, which it appears you are, a misdemeanant can indeed be sentenced to a deferral period longer than 1 year. If a financial obligation is imposed as part of the sentence, the period of deferral can be as long as 2 years. See Mont. Code Ann. 46-18-201(1)(a)(ii). Of course, my MSU-impaired reading comprehension skills could be to blame for my interpretation of the law. I believe you are correct, however, that Gardenhire will plead to the "lesser" felony of possession.dayday wrote:There is no way to get 4 years probation for a misdemeanor. The most you could get is a year. Just trust me on this as someone that understands criminal laws quite well. He is pleading to a felony. He is pleading to possession charge instead of intent to distribute charge. So it is a better felony but still a felony nonetheless.
Gardenhire
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Re: Gardenhire
Last edited by dayday on Wed Jul 19, 2017 10:23 am, edited 1 time in total.
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Re: Gardenhire
There was a Cat fan out there that wanted Choate fired for this?CelticCat wrote:This put a little shiner on our program, so personally I don't think he should come back, regardless of whether it a misdemeanor or not. He truly may be a great kid who made a mistake, but in this particular case Coach needs to separate himself from this ordeal as much as possible. There as a small minority who wanted Choate fired for this.
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Re: Gardenhire
I guess my "pink" law diploma was not wrong. Gardenhire pled guilty to felony possession of dangerous drugsMontanabob wrote:Did you all get a diploma printed on pink paper?iaafan wrote:Montanabob: According to the article Gardenhire is pleading guilty to *felony* possession. Not felony intent to distribute, but still a felony. Unless the article is wrong and he is pleading guilty to misdemeanor possession.
Gardenhire was arrested and charged in April with felony criminal distribution of dangerous drugs and misdemeanor criminal possession of dangerous drugs.
But, per an agreement with the Gallatin County Attorney’s Office, Gardenhire will plead guilty to the lesser charge. Defense attorney Al Avignone will recommend Gardenhire receive a four-year deferred sentence and pay a $2,500 fine.
Do you want me to spell out less charge "misdemeanor"
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Re: Gardenhire
Former MSU DB Gardenhire pleads guilty to felony possession
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Re: Gardenhire
Looks like he wants to be reinstated to the football team.
Thoughts? I assume that won't happen.
Thoughts? I assume that won't happen.
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Re: Gardenhire
As far as I'm concerned this was his second chance and he ****** it up. He left Washington because he didn't want to take a drug test he knew he was gonna fail so he quit. If he gets a third chance I hope it isn't here. I'm sure it's not a popular opinion, but MSU doesn't need another drug story. Should be zero tolerance.CelticCat wrote:Looks like he wants to be reinstated to the football team.
Thoughts? I assume that won't happen.
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Re: Gardenhire
Hi-Line Bobcat wrote:As far as I'm concerned this was his second chance and he ****** it up. He left Washington because he didn't want to take a drug test he knew he was gonna fail so he quit. If he gets a third chance I hope it isn't here. I'm sure it's not a popular opinion, but MSU doesn't need another drug story. Should be zero tolerance.CelticCat wrote:Looks like he wants to be reinstated to the football team.
Thoughts? I assume that won't happen.
I agree with most of what you wrote. He got a second chance and blew it. I wish him nothing but the best in life but he shouldn't play football for the Cat's.
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Re: Gardenhire
I'm fairly certain that what you just expressed is, in fact, going to be the popular opinion on this. I trust Choate and the Athletic Department staff to make an informed decision here, but my gut reaction is that allowing a player convicted of a felony drug charge to rejoin the team is a really really bad idea.Hi-Line Bobcat wrote: As far as I'm concerned this was his second chance and he ****** it up. He left Washington because he didn't want to take a drug test he knew he was gonna fail so he quit. If he gets a third chance I hope it isn't here. I'm sure it's not a popular opinion, but MSU doesn't need another drug story. Should be zero tolerance.
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Re: Gardenhire
Maybe I'm alone, but I don't have a problem with him coming back.
You think he's the first player caught with drugs that's played for us? Or the first to sell them? Please. We kept a kid on the team through his many issues bc of his connections. If it were Hale, that would be one thing g, but Gardenhire made a mistake and owned up to it. If he wants to walk-on and prove himself, let him.
Furthermore, you'd see a lot less of this ****** if these kids were paid. They bust their asses for our schools, make loads of money, and the only thing they get is a paid education. They're basically working full-time, making millions for somebody, and receiving pennies. It's asinine.
You think he's the first player caught with drugs that's played for us? Or the first to sell them? Please. We kept a kid on the team through his many issues bc of his connections. If it were Hale, that would be one thing g, but Gardenhire made a mistake and owned up to it. If he wants to walk-on and prove himself, let him.
Furthermore, you'd see a lot less of this ****** if these kids were paid. They bust their asses for our schools, make loads of money, and the only thing they get is a paid education. They're basically working full-time, making millions for somebody, and receiving pennies. It's asinine.
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Re: Gardenhire
Off the top of my head I certainly can't recall any other player being convicted of a felony drug charge and then be reinstated to the team.bobcat99 wrote:Maybe I'm alone, but I don't have a problem with him coming back.
You think he's the first player caught with drugs that's played for us? Or the first to sell them? Please. We kept a kid on the team through his many issues bc of his connections. If it were Hale, that would be one thing g, but Gardenhire made a mistake and owned up to it. If he wants to walk-on and prove himself, let him.
Agree 100% with this.bobcat99 wrote:Furthermore, you'd see a lot less of this ****** if these kids were paid. They bust their asses for our schools, make loads of money, and the only thing they get is a paid education. They're basically working full-time, making millions for somebody, and receiving pennies. It's asinine.
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Re: Gardenhire
Like 99, I don't have a big problem with it either. I find it kind of hokey that his possession charge was only misdemeanor when he was charged, but as part of the plea to get rid of felony distribution the possession was changed to a felony. As far as I'm concerned this is really just misdemeanor possession and nothing else. I say make him pay his own way to school this year, then, if he minds his manners, give him his scholarship money or part of it for 2018.
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Re: Gardenhire
It all depends on what the MSU code of conduct says. I would guess that any form of distribution would have harsher consequences than possession even if it is a felony. He is applying for reinstatement to MSU. If MSU lets him back in school then it will be up to Choate and the athletic department.
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Re: Gardenhire
Agreed, I say he blew it, time to move on.AFCAT wrote:Hi-Line Bobcat wrote:As far as I'm concerned this was his second chance and he ****** it up. He left Washington because he didn't want to take a drug test he knew he was gonna fail so he quit. If he gets a third chance I hope it isn't here. I'm sure it's not a popular opinion, but MSU doesn't need another drug story. Should be zero tolerance.CelticCat wrote:Looks like he wants to be reinstated to the football team.
Thoughts? I assume that won't happen.
I agree with most of what you wrote. He got a second chance and blew it. I wish him nothing but the best in life but he shouldn't play football for the Cat's.
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Re: Gardenhire
They are getting paid, with a scholarship and no one is twisting their arms telling them to play. If you want cash, take a loan out, get a job and quit, or figure out how to work and play, many actually do. I played a college sport, we were gone all the time, and I couldn't work during the fall and spring, so I used loans, until the summer when I worked. Last year I made 350,000 for our firm and I got paid ****** for it. It's the way it works, you make money for your others until one day u make money for yourself. Besides that, how could some of these schools afford to pay athletes? They would have to rob Peter just to pay Paul, which gets you nowhere, other than making your athletics suffer or your education quality go down. In addition, you know the female and other male sports would want this as well, again how would you pay athletes from sports like men's tennis, lady's golf, or every other college sport that doesn't bring in fan revenue or licensing revenue?bobcat99 wrote:Maybe I'm alone, but I don't have a problem with him coming back.
You think he's the first player caught with drugs that's played for us? Or the first to sell them? Please. We kept a kid on the team through his many issues bc of his connections. If it were Hale, that would be one thing g, but Gardenhire made a mistake and owned up to it. If he wants to walk-on and prove himself, let him.
Furthermore, you'd see a lot less of this ****** if these kids were paid. They bust their asses for our schools, make loads of money, and the only thing they get is a paid education. They're basically working full-time, making millions for somebody, and receiving pennies. It's asinine.
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Re: Gardenhire
If it was his first time yeah, but the fact he left Washington because he was going to have to take a drug test, shows a pattern and he obviously didn't break that pattern when he got here.iaafan wrote:Like 99, I don't have a big problem with it either. I find it kind of hokey that his possession charge was only misdemeanor when he was charged, but as part of the plea to get rid of felony distribution the possession was changed to a felony. As far as I'm concerned this is really just misdemeanor possession and nothing else. I say make him pay his own way to school this year, then, if he minds his manners, give him his scholarship money or part of it for 2018.
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Re: Gardenhire
Hawks86 wrote:It all depends on what the MSU code of conduct says. I would guess that any form of distribution would have harsher consequences than possession even if it is a felony. He is applying for reinstatement to MSU. If MSU lets him back in school then it will be up to Choate and the athletic department.
This is it for me as well and I trust that Choate will follow what the wisdom and experience of those putting the guidelines together was - if not, we simply start to look much like U of M did a few years back.
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Re: Gardenhire
In the end I believe this will be President Cruzado's call with input from Choate and Costello. Pleading guilty to a felony is a pretty big deal especially after already being kicked off (or leaving) UW's for drug related reasons. I doubt he will be back, but I trust the CCC team - Choate, Costello, and Cruzado and won't be mad if I do see him playing again.Hi-Line Bobcat wrote:If it was his first time yeah, but the fact he left Washington because he was going to have to take a drug test, shows a pattern and he obviously didn't break that pattern when he got here.iaafan wrote:Like 99, I don't have a big problem with it either. I find it kind of hokey that his possession charge was only misdemeanor when he was charged, but as part of the plea to get rid of felony distribution the possession was changed to a felony. As far as I'm concerned this is really just misdemeanor possession and nothing else. I say make him pay his own way to school this year, then, if he minds his manners, give him his scholarship money or part of it for 2018.
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Re: Gardenhire
I think the world has plenty of people who have had 1st 2nd 3rd and 4th chances to get their poop in a scoop and
many have become very successful members of Society. I just hate giving up on anything or anyone just before
a miracle . The burden is on him to show he wants too , and will take a lot of hard work on his part ~ probation
should require frequent UA tests ~meetings and if he fufills all the requirements of MSU/ Athletic Dept. He should
get the chance , his road to play for the Cats will be much more difficult now than it was before. If he's up for the
challenge of a hard road great, if not ~ he had the chance , Brandon Marshall was a pretty good story ~ seems
like a better person today with a few extra chances.
many have become very successful members of Society. I just hate giving up on anything or anyone just before
a miracle . The burden is on him to show he wants too , and will take a lot of hard work on his part ~ probation
should require frequent UA tests ~meetings and if he fufills all the requirements of MSU/ Athletic Dept. He should
get the chance , his road to play for the Cats will be much more difficult now than it was before. If he's up for the
challenge of a hard road great, if not ~ he had the chance , Brandon Marshall was a pretty good story ~ seems
like a better person today with a few extra chances.
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Re: Gardenhire
I don't have a strong preference on this one, but not sure what the part above means? Are you sayign we'd see a lot less drug use\activity if the students were getting paid to play football? Not tracking, but I'm probably just being dense.bobcat99 wrote:Maybe I'm alone, but I don't have a problem with him coming back.
You think he's the first player caught with drugs that's played for us? Or the first to sell them? Please. We kept a kid on the team through his many issues bc of his connections. If it were Hale, that would be one thing g, but Gardenhire made a mistake and owned up to it. If he wants to walk-on and prove himself, let him.
Furthermore, you'd see a lot less of this ****** if these kids were paid. They bust their asses for our schools, make loads of money, and the only thing they get is a paid education. They're basically working full-time, making millions for somebody, and receiving pennies. It's asinine.
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