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Irvin's Teammates
Glad It's Over
Irvin Sentenced to Four Years' Probation, $10,000
Fine
By JAIME ARON
AP Sports Writer
(July 16, 1996)
DALLAS (AP) - Michael Irvin was sentenced to four years probation
and a $10,000 fine today, an expected sentence made in exchange
for the Dallas star's no contest plea to cocaine possession.
Irvin's attorneys had worked out the terms of the plea bargain
on the second-degree felony on Monday. Included in the deal was
deferred adjudication, meaning the charge will be erased from
his record if he stays out of trouble during his probation.
State District Judge Manny Alvarez also imposed 800 hours of
community service on Irvin, the first 267 hours to include roadside
trash pick-up or working at an AIDS resource center.
"You're starting where everyone else starts," Alvarez
said, "and that's at the beginning. You're going to have
to establish yourself where anyone does, and that's at the bottom."
Alvarez warned Irvin that should he violate the probation, he
could be sentenced to up to 20 years in prison and his appeals
would be severely limited.
"I want you to know and understand that four years of deferred
adjudication is not a cakewalk," the judge said.
Irvin appeared subdued at the hearing and left carrying his one
of his daughters. His wife, Sandi, and two young daughters, Miesha,
6, and Chelsea, 8 months, were with him in court for the first
time during the trial.
Alvarez ordered Irvin to submit to a drug evaluation within 45
days and to undergo court-approved psychological counseling.
Irvin was expected to make a statement to reporters late this
afternoon at the team's Valley Ranch headquarters, said Cowboys
spokesman Rich Dalrymple.
"You think 800 hours is easy? No. It's going to be difficult,"
defense attorney Kevin Clancy said after the hearing.
Asked what Irvin thinks about the next four years, Clancy said,
"It's going to be about as tough as it is to play in the
NFL."
Irvin should soon see what is in store for him with the National
Football League. The NFL has been saying for months that it wouldn't
rule on Irvin's eligibility until the trial concluded. On Monday,
NFL spokesman Greg Aiello said Irvin's status "will be reviewed
under the terms of our substance abuse policy."
Although Irvin could ultimately get a cleansed record, the NFL
could decide that evidence and testimony from the trial is probable
cause for a suspension. He could be kept off the field without
pay for four games to an entire season. He makes $102,647 per
game.
While the timing of the decision keeps Irvin's football career
on track, it also came amid testimony from topless dancer Rachelle
Smith, the prosecution's star witness.
Defense lawyers insisted there was no connection.
"Let's make sure, ladies and gentlemen, that everyone understands
that Michael Irvin's plea of no contest was not as a result of
the testimony of Rachelle Smith," attorney Royce West said,
adding that attorneys were prepared to cross-examine Smith Monday.
The deal was sealed, West said, because prosecutors withdrew
their demand that Irvin plead guilty and agree to five years'
probation. "A plea of guilty ... may very well have (had)
a significant impact on his ability to continue to play ball,"
West said.
On Friday, Smith testified outside the jury's presence that Irvin
claimed ownership of the drugs hours after a March 4 bust at
an Irving motel netted 10.3 grams of cocaine, more than an ounce
of marijuana and drug paraphernalia.
She also said Irvin had threatened her on several occasions -
including having her body-searched for a hidden microphone -
but the district attorney's office is not considering filing
witness-tampering charges.
Smith is the girlfriend of Johnnie Hernandez, the ex-Dallas police
officer accused of hiring a hitman to have Irvin killed, reportedly
in retaliation for his threats against Smith.
Hernandez' bond was reduced from $250,000 to $20,000 cash by
a Dallas judge. No reason for the reduction has been given.
Also indicted after the motel bust were topless dancers Angela
Beck and Jasmine Nabwangu, who were in the motel suite with Irvin.
Alfredo Roberts, a former teammate of Irvin's, was present that
night but not indicted.
Beck and Nabwangu still face charges.
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