Vick May Still Face Charges in Va. Court
Wednesday, August 22, 2007; 3:42 AM
RICHMOND, Va. -- Michael Vick now must wait and worry. Already looking at a possible five years in prison on federal dogfighting charges, the Atlanta Falcons quarterback also could be facing prosecution in Virginia.
Then there is the NFL where commissioner Roger Goodell has yet to determine what punishment Vick will face from the league.
Local prosecutor Gerald Poindexter has said he likely will pursue charges against Vick, who has plummeted from favorite son to a symbol of animal abuse in the four months since authorities raided his Surry County property.
Poindexter did not return messages left by The Associated Press at his office, his cell phone and at his home Tuesday.
Among the state laws Vick could be charged with violating are those against dogfighting and animal cruelty. Both are felonies punishable by up to five years in prison.
"The real question is how much overlap there would be between anything the local prosecutor would charge and what the federal prosecutors charged," said Linda Malone, a criminal procedure expert and Marshall-Wythe Foundation professor of law at the College of William and Mary. "There are some limitations on duplication."
Vick said through a lawyer Monday that he will plead guilty to a federal charge of conspiracy to travel in interstate commerce in aid of unlawful activities and conspiracy to sponsor a dog in an animal fighting venture. Malone said the state dogfighting charges probably would not be considered duplicative.
"The essence of the conspiracy charge is the agreement" between Vick and his coconspirators, Malone said.
Three Vick associates have pleaded guilty to the conspiracy charge and said Vick provided virtually all the gambling and operating funds for the "Bad Newz Kennels" dogfighting enterprise. Two of them also said Vick participated in executing at least eight underperforming dogs, raising the possibility of the animal cruelty charges.
Convictions on eight animal cruelty counts could result in up to 40 years in prison if five-year terms for each count was imposed to run consecutively, but that's seldom done. Each dogfighting count could run the sentence even higher.
Vick also was facing the possibility of additional federal charges from a new grand jury meeting this week in Richmond, but his deal with prosecutors means that's now highly unlikely.
The 27-year-old player will enter his plea agreement Monday. A government official, speaking on condition of anonymity because the terms are not final, told The Associated Press prosecutors will recommend a sentence of one year to 18 months. However, U.S. District Judge Henry Hudson is not bound by that recommendation or by federal sentencing guidelines that will call for less than the five-year maximum.


