I am not talking about the second round of testing on the popular game show hosted by Alex Trebec, but rather I am talking about the trial of Jayson Williams.   If you have forgotten, Williams had some friends over to his mansion in New Jersey, had too much to drink, then started showing off one of his shotguns and accidentally shot Costas “Gus” Christofi killing him.  The realization that he just killed someone shook him from the stupor of the alcohol and suddenly he started trying to cover up what he had done.  He first tried to say that Gus had committed suicide.  Later on he changed his tune when some of his buddies at the scene admitted that he did shoot Christofi. 

Two years later, Williams is still free on bail while he awaits the appeals process on the reckless manslaughter charge.  Williams was convicted on four charges of trying to “cover up” the crime, which he did do.  The jury deadlocked on the reckless manslaughter charge so now the DA in this case has appealed to a three judge panel to try and allow him to retry Williams on that charge.  The panel has agreed that Jayson can be retried and that it is not double jeopardy.  This is where I have a bit of  a problem and believe our justice system is "out of whack."

Now I like Jayson Williams and always have but that has nothing to do with my take on this particular case.  The facts in this incident are pretty clear to me and I would think to anyone who can read.  Jayson Williams did kill Gus Christofi.  That is not in dispute by anyone.  So why did a jury deadlock on “reckless manslaughter?”  Should he be retried again for the same crime?  Is this double jeopardy?  Should he be sentenced on the four cover up charges and the DA let this one go?

I believe the jury deadlocked on the reckless manslaughter charges, (The actual verdict was 8-4, not guilty, and a mistrial was declared) partially because of the way our prosecutors go after criminals.  The DA in this case went after Jayson Williams with a vengeance.  He did not charge him with only reckless manslaughter, he charged him first with aggravated assault which is much harder to prove.  Had the DA simply gone after Williams on the charge of trying to cover up the crime and for reckless manslaughter, I believe Jayson Williams would be behind bars today.  Because the DA said it was trying to prove it was aggravated assault which carries the connotation that Williams wanted to kill him and then also tries to charge him with reckless assault which means he did it by accident you have a two opposing charges.  I do not believe you can say he did one without discounting the other but that is what the DA tried to prove.  Also the defense tried to prove it was an accidental shooting, which it probably was.  Williams was never known as a violent person and he did not personally dislike Gus Chritofi.  There was no motive to kill him and in that regard the prosecutions case was very weak.    

The question is since he did not follow that course of action should Williams be retried again?  In my opinion, it is double jeopardy and I do not believe he should be retried.  Once again, it will waste tax payer money on a crime that was not intentional and possibly receive the same outcome because of the negligence of this prosecutor.  It is even harder to get a prosecution in a retrial and this is not a crime that is likely to recur.  Also, Williams needs to be sentenced for the cover up charges which can bring up to 5 years in jail.  I say go ahead and sentence the guy and go for the maximum for those four charges and drop the retrial.  Go find some criminals with malicious intent and put them in jail. 

If this were a double jeopardy question, “Who was an NBA player with a great career but ruined his life because of alcohol?”  The answers might vary depending on who the contestants are, (Pictured at left are:  Socalsportsfan as Trebec, and the contestants are Mooresports, Girl on Top, and Hazwasted) but “Who is Jayson Williams” would be correct along with “Who is Vin Baker” but that is for another blog.  Answer this Double Jeopardy question for me, "What good can happen when you mix alcohol, athletes, and guns?"  Contestants, I await your answers.