Falcons Star Arrested – How Strong is the Case?

As reported last night by Atlanta Falcons Reporter Marc Raimondi, Falcons Defensive End James Pearce Jr., was arrested Saturday on multiple felony charges. Those felonies include: two counts of Aggravated Battery with a Deadly Weapon, one count of Aggravated Stalking, one count of Fleeing to Elude, one count of Aggravated Battery on Law Enforcement and one count of Resisting an Officer without Violence. The Defendant is currently in jail awaiting his first appearance where a Judge will decide a bond for Aggravated Battery DW (Deadly Weapon and Law Enforcement) as well as the stalking charge.

The most serious charges are the Aggravated Battery with a Deadly Weapon charge as well as the Aggravated Battery on Law Enforcement. The latter is a 1^st degree felony punishable by up to 30 years in prison with a 5-year day for day minimum mandatory. That means the Defendant walks into prison on January 1, 2027, they cannot walk out until January 1, 2032. There is no gain time on charges. So, what actually led to this?

Per Andy Slater, the entire situation started after Pearce Jr., allegedly stalked his ex-girlfriend from his car and tried to get into her car at an intersection. However, this is where the serious allegations begin. Slater also stated that Pearce, “intentionally crashed his Lamborghini into his ex-girlfriend car multiple times, trying to stop her from getting to a police station.” That is where the Aggravated Battery with a Deadly Weapon charge come in to play as the vehicle itself is the deadly weapon. The alleged intentional act of ramming your vehicle into another’s vehicle is where the charge stems them. However, I ultimately believe the two counts will be reduced to one count if Pearce allegedly tried to ram the alleged victim twice in the same transaction or occurrence within a short amount of time. It would create a potential double jeopardy issue.

However, Aggravated Battery on Law Enforcement is by far the most serious charge because of the minimum mandatory. “Aggravated Battery on Law Enforcement requires the Defendant, in committing the battery to use a deadly weapon (a car is a deadly weapon).” As Slater reported, “Pearce intentionally drove into a police officer, hitting the cop’s knee in an effort to get away.” It is unclear from the police narrative whether the defendant was intending to drive into the officer’s knee or was just driving off. As stated in the Florida jury instructions, the Defendant must, “actually and intentionally have struck the alleged victim against his or her will.” Mr. Pearce may have been driving off, but it is unclear if he intentionally tried to strike the officer.

The problem for Pearce Jr., is that Aggravated Battery on Law Enforcement is almost always charged by the State Attorney’s Office because they do not need to worry about victim cooperation – law enforcement, as the alleged victim, is always cooperative. The case depends on whether the evidence is sufficient to sustain a conviction. If there wasn’t intent or the officer wasn’t really injured, the charge will likely be reduced by a judge or jury potentially to Battery on Law Enforcement, which is still a felony, but much less serious one.

What happens from here? The Defendant has his first appearance in court today or tomorrow at the latest. The judge will set his bond and any pretrial conditions they deem necessary. From there, the battle begins.

Matthew F. Tympanick, is a criminal defense attorney, personal injury attorney, and sports law attorney from Sarasota, Florida who has tried 45 criminal and civil jury and non-jury trials. You can see him regularly on Court TV, Live Now from Fox, Law & Crime Network and has appeared on television, radio, and podcasts throughout the country discussing sports criminal law issues. Matthew is also a NFLPA certified contract advisor. You can follow him on all forms of social @TympanickLaw.