Basketball Judge to consider sentencing Jayson Williams

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A judge on Monday will consider whether former NBA star Jayson Williams should be sentenced for covering up a fatal shooting at his mansion in 2002, given Williams' recent erratic behavior, including an assault arrest in North Carolina.

Williams, 41, was acquitted of aggravated manslaughter in 2004 but convicted on four counts of trying to cover up the shooting of a hired driver at his Hunterdon County mansion. The jury couldn't reach a verdict on a reckless manslaughter count, and State Superior Court Judge Edward M. Coleman has delayed sentencing pending Williams' retrial on that charge.

Prosecutors are asking the judge to reconsider the sentencing delay due to Williams' recent run-ins with the law.

In April, police used a stun gun on Williams during an altercation in a New York hotel room, and in May he was arrested in North Carolina and charged with assault for allegedly punching someone in a barroom dispute. Earlier this year, his wife filed divorce papers claiming he was abusive and had a drug problem.

The four cover-up counts on which Williams was convicted -- including witness and evidence tampering -- carry a combined maximum sentence of 13 years in prison. However, Williams was not expected to receive a term longer than five years, the maximum sentence for the most serious charge.

Williams' retrial, scheduled for January, has been pushed back several times, notably after it was disclosed in 2007 that an investigator in the prosecutor's office used a racial slur to describe Williams in 2002. Williams' defense team is seeking to have the cover-up convictions reversed on grounds of racial bias.

Hunterdon County Assistant Prosecutor Bennett Barlyn has asked Coleman to set a sentencing hearing, citing Williams' behavior.

"Defendant's escalating acts of unlawful and aberrant behavior must incur consequences that he has thus far evaded as the clear result of never having been sentenced on his convictions," Barlyn wrote in his motion asking for the sentencing.

"I thought he should have been sentenced from the day we got the verdict from the jury," said Christofi's sister, Andrea Adams, speaking by telephone from a restaurant she owns in Somerville, not far from the courthouse where the trial was held.

"If it were anyone else, he would have already been sentenced," she added. "I guess when you have money, that's what happens."

According to witnesses, 55-year-old Costas Christofi was killed when Williams took a loaded 12-gauge shotgun from a cabinet in his bedroom in front of several people and cracked it open, then snapped it closed. The gun fired once, hitting Christofi in the chest.

Witnesses testified that Williams wiped down the shotgun and placed it in the victim's hands, then stripped off his own clothes and jumped into his pool.

Williams' defense team says the shooting was an accident and that the gun misfired. Christofi's family received a reported $2.75 million settlement from Williams in 2003.

Williams played nine seasons in the NBA for the Philadelphia 76ers and New Jersey Nets until his retirement in 2000.
 
Jayson Williams to remain free on bail

Retired NBA star Jayson Williams will remain free on bail after a judge on Monday rejected a prosecutor's request to revoke the bail and send him to prison for covering up the shooting of a hired driver more than seven years ago.

Prosecutors asked the judge to reconsider the sentencing delay due to Williams' recent run-ins with the law, saying he has become "unpredictable."

In April, police used a stun gun on Williams during an altercation in a New York hotel room, and in May he was arrested in North Carolina and charged with assault for allegedly punching someone in a barroom dispute. Earlier this year, his wife filed divorce papers claiming he was abusive and had a drug problem.

Hunterdon County Assistant Prosecutor Seana Pappas told the court Williams no longer lives in New Jersey and hasn't updated his new address with the court, and said a suicide note was found in the hotel room after Williams' clash with police.

But State Superior Court Judge Edward M. Coleman noted that Williams hasn't been convicted of anything since his 2004 trial and continues to show up to court as required.

"It doesn't make sense to me, frankly, to move ahead with the sentencing," Coleman said. He also denied prosecutors' request to increase bail from the original $250,000.

Williams' attorney Joseph Hayden said his client didn't start the bar fight, didn't hurt anyone at the hotel, and is not a threat to the public.

"He was not the aggressor and actually defended himself," Hayden said of the bar fight.

Following the hotel incident, Hayden said Williams voluntarily checked himself into a hospital for treatment and is currently getting counseling.

"None of that was a violation of the conditions of his bail," Hayden said.

Williams played nine seasons in the NBA with the Nets and the Philadelphia 76ers before retiring in 2000.

He was convicted in 2004 of trying to cover up the shooting death of his hired driver Costas "Gus" Christofi at his mansion in Alexandria Township, New Jersey. He was acquitted of aggravated manslaughter, but the jury deadlocked on a reckless manslaughter count.

A retrial is pending and Williams has been free on bail since the 2002 shooting.

Williams' retrial, scheduled for January, has been pushed back several times, notably after it was disclosed in 2007 that an investigator in the prosecutor's office used a racial slur to describe Williams in 2002.

Williams was not expected to receive a term longer than five years for the cover-up counts, however, his defense team is seeking to have those convictions reversed on grounds of racial bias.

Williams declined to comment on Monday's ruling as he left the courtroom.

His wife, however, seemed relieved that he wasn't immediately headed to jail.

"For the sake of my daughters, I am pleased Judge Coleman was not swayed by the prosecutions attempt to capitalize on the negative publicity surrounding Jayson's recent deplorable actions," Tanya Young Williams said in an e-mailed statement.

"The truths noted in my divorce filing are necessary to establish a pattern of cruel and inhumane treatment towards me, not intended to be used by the prosecution against Jayson," she said. "He has to work through his psychological issues, they have to work through the facts of their case and I have to work at raising my daughters as best as I can under these circumstances."
 
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