On Friday, November 28, 2008, Burress suffered an accidental self-inflicted gunshot wound to the right thigh in the New York City nightclub LQ when his Glock pistol, tucked in the waistband of his sweatpants, began sliding down his leg; apparently in reaching for the gun he inadvertently depressed the trigger, causing the gun to fire. The injury was not life-threatening and he was released from an area hospital the next afternoon. The following Monday, Burress turned himself in to police to face charges of criminal possession of a handgun. It was later discovered that theNYPD found out about the incident only after seeing it on television and were not called by New York-Presbyterian Hospital as required by law. New York Mayor Michael Bloomberg called the hospital actions an "outrage" and stated that they are a "chargeable offense". Bloomberg also urged that Burress be prosecuted to the fullest extent, saying that any punishment short of the minimum 3½ years for unlawful carrying of a handgun would be "a mockery of the law." Burress had an expired concealed carry (CCW) license from Florida, but no New York license.
On December 2, 2008, Burress posted bail of $100,000. Later in the day, Burress reported to Giants Stadium as per team policy for injured but active players, and was told he would be suspended without pay for the remaining four games of the 2008 regular season for conduct detrimental to the team. In addition, the Giants placed Burress on their reserve/non-football injury list, meaning he was ineligible to return for the playoffs. Burress was also scheduled to receive $1 million from his signing bonus on December 10, 2008, initially withheld by the team. The NFL Players Association filed a grievance, saying the team violated the collective bargaining agreement and challenging the suspension and fine received by Burress. A Special Master in arbitration subsequently ruled that the Giants must deliver the entire $1 million to Burress, as per the collective bargaining agreement. "To think that a player could carry a loaded gun into a nightclub, shoot himself and miss the rest of the season but get to keep his entire signing bonus illustrates one of the serious flaws in the current system," said Giants co-owner John Mara in a statement afterward.
On December 23, 2008, a search of Burress' New Jersey home by the Totowa, New Jersey Police, the New York Police Department and investigators from the Manhattan District Attorney turned up a 9 mm handgun, a rifle, ammunition and the clothing believed to be worn by Burress on the night of his accidental shooting. On June 12, 2009 Burress' attorney, Benjamin Brafman announced that he had been unable to reach a sentencing agreement.
Burress asked a Manhattan grand jury for sympathy during two hours of testimony on July 29, 2009. On Monday, August 3, 2009, prosecutors announced that Burress had been indicted by the grand jury on two counts of criminal possession of a weapon in the second degree, and a single count of reckless endangerment in the second degree, both felonies.
On August 20, 2009, Burress accepted a plea deal that would put him in prison for two years with an additional two years of supervised release. His sentencing was held on September 22, 2009. Burress hired a prison consultant to advise him on what to expect while in prison. In January 2010, Burress applied for and was denied a work release from prison. On June 6, 2011, Burress was released from prison.
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