1. sports
2. basketball

SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
Felony Division
____________________________________
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UNITED STATES OF AMERICA
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V.
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GILBERT ARENAS,
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Defendant.
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____________________________________)
CASE NO. 2010 CF2 904
The Honorable Robert E. Morin
Sentencing: March 26, 2010
MEMORANDUM IN AID OF SENTENCING
The defendant, Gilbert Arenas, through undersigned counsel, respectfully submits this
memorandum in aid of sentencing. Mr. Arenas comes before this Court for sentencing after
pleading guilty to one count of carrying a pistol without a license (CPWL). We request that the
Court sentence Mr. Arenas to a term of probation with a community service component.
I.
INTRODUCTION
We submit this sentencing memorandum to advocate the imposition of a sentence of
probation and community service, but also to provide the Court with a clear understanding of
Mr. Arenas and his character. As often happens in high-profile cases, the publicity surrounding
this case has made it difficult to discern the truth amidst the hype and speculation. Some of that
publicity has led to the development of a caricature that bears little resemblance to Mr. Arenas.
It is our intention to dispel any distortions and give the Court an accurate representation of the
person facing sentencing.
Like any person, Mr. Arenas has a multi-faceted personality that has both strengths and
faults. A fair assessment reveals, however, that Mr. Arenas is a man with an abundance of
admirable character traits. He is a genuinely caring person, he has long devoted himself to
serving the community and others, and despite a history of pranks and misguided practical jokes,
he is a peaceful man who is not aggressive or confrontational in any way.
Many people can attest that Mr. Arenas has these defining traits. Besides undersigned
counsel — who so attested in the Pre-Sentence Report (PSR)1 — countless individuals have
called and/or written with their personal stories about Mr. Arenas, experiences ranging from
brief encounters in which Mr. Arenas was generous with his time and attention, to long-term
friendships that demonstrate the full depth of his loyalty and character. This input has been
uniformly positive and supportive, and paints a picture of a man who is somewhat off-beat, but
fundamentally very decent and unfailingly kind to others.
The following memorandum attempts to capture that input and the character of the man
who will be standing before Your Honor for sentencing on March 26. This character portrait is
based on the letters we have received from those whose lives have been touched by Mr. Arenas,
and their words are woven throughout the text.
II.
MR. ARENAS’ CHARACTER
Mr. Arenas’ character has been forged over a lifetime that has seen both its share of
challenges and disappointments as well as a surprising number of obstacles overcome and
expectations exceeded. These experiences have taught him the value of hard work and
determination and the importance of family and community. As a result, he is surprisingly
grounded, especially given the extraordinary life he leads as a superstar basketball player.
Indeed, Mrs. Frances Weekes, the Community Supervision Officer from the Court Services and
1
See Presentence Report (PSR) at 7-8 (Defense Attorney’s Statement) (Ex. 56). The exhibits cited herein
are attached to the accompanying Declaration of Jeffrey S. Nestler in Support of the Memorandum in Aid
of Sentencing.
2
Offender Supervision Agency (CSOSA), attests that Mr. Arenas is a “quiet and polite individual”
who does not “display the swagger and personality of someone of his acclaim.”2
A.
Mr. Arenas’ Background
Mr. Arenas was born in Tampa, Florida, and spent his early childhood in Miami. He was
raised by a single mother for the first three years of his life, until she fell victim to a narcotics
habit. His father, Gilbert Arenas, Sr., then took custody of his son, and Mr. Arenas has not had a
relationship with his mother since. His father raised him in Tampa until he was seven years old,
at which point he and his father moved to Los Angeles, where his father worked odd jobs while
pursuing his dream of being an actor. For a period after arriving in Los Angeles, Mr. Arenas and
his father spent time living in a car, and as a close friend explained, Mr. Arenas’ childhood was
“riddled with a lot of uncertainty.”3
1.
Mr. Arenas’ Humor
The challenging circumstances of his childhood had two primary effects on the shaping
of Mr. Arenas’ personality. First, it caused him to turn to humor as a way of deflecting the more
negative aspects of life. Mr. Arenas’ father explains that his son has always been “very fragile in
a lot of ways; he just laughs and smiles to hide the pain.”4 Echoing that theme, a close friend
explains that “[h]e has been through a lot of hurt in his life, stemming from a poverty-stricken
childhood that followed his mother abandoning him and he’s developed a shield from it all by
making people smile.”5 Mr. Arenas “was always a jokester that learned to laugh away the
2
PSR at 17.
Letter of Alana Beard, a player for the WNBA’s Washington Mystics who is Mr. Arenas’ friend and
colleague (Ex. 3).
4
Letter of Gilbert Arenas, Sr. (Ex. 2).
5
Letter of Dave McMenamin, a journalist for ESPN, who has gotten to know Mr. Arenas well over the
past four years (Ex. 22).
3
3
pressure,”6 a trait that followed Mr. Arenas into adulthood and played a role in the misguided
prank he played at the Verizon Center last December.
2.
Mr. Arenas’ Determination to Exceed Expectations
His early experiences also instilled in him a degree of “strength, resilience and belief in
himself [that] lifted him through the[] struggles” of his childhood.7 Throughout his childhood
and his basketball career, Mr. Arenas has used a combination of grit and determination to rise
above the modest expectations that others have placed on him. As Mrs. Weekes of CSOSA
explained, Mr. Arenas “had the fortitude to overcome the obstacles he encountered during his
upbringing [to] become successful.”8 That assessment is borne out by the series of exceeded
expectations that have defined Mr. Arenas’ basketball career, from his freshman year in high
school to today.
When he failed to secure a starting position on the junior varsity basketball team, Mr.
Arenas convinced his father to move to a new school district, where he excelled as the star of the
Grant High School basketball team. Following high school, Mr. Arenas was again
underestimated when the local college basketball powerhouses, USC and UCLA, showed no
interest in recruiting him. Mr. Arenas instead attended University of Arizona on a basketball
scholarship, an opportunity that was available to him only because another player backed out of
his commitment.
Given Arizona’s status as a perennial NCAA powerhouse, several people warned Mr.
Arenas that he could not measure up against the other players and would end up playing “zero
minutes.” For inspiration, Mr. Arenas chose the number 0 for his jersey, and he quickly became
6
Letter of Sean Abbananto, the founder of leadership-training company Empowered for Life who was
friends with Mr. Arenas as a teenager (Ex. 1).
7
Letter of Alana Beard (Ex. 3).
8
PSR at 17.
4
a stand-out player on the squad. He was named the most valuable player of the preseason NIT
tournament in his freshman year, led the Arizona team in scoring during his sophomore year, and
took the squad to the championship game of the NCAA tournament at the end of that season.
After two years at Arizona, Mr. Arenas entered the 2001 NBA draft. He was passed over
in the first round and was not selected until the Golden State Warriors took him with the thirtyfirst pick. Again, the low expectations of others fueled Mr. Arenas’ drive to succeed, and he
ultimately proved them wrong when he became the first player from his 2001 rookie class to be
chosen as an NBA all-star.
After spending much of his first season with the Warriors on the injured list, Mr. Arenas
emerged as a star of the team in his second season and won the league’s most improved player
award. After signing with the Washington Wizards in 2003, Mr. Arenas was selected as a
reserve player for the NBA all-star game in 2005, but was disappointed in 2006 when the Eastern
Conference coaches failed to vote him in,9 and he played only as a substitute for an injured
player. Once again, however, his disappointment fueled his drive to succeed, and he excelled
during the 2006-2007 season, ultimately being selected as a starter for the 2007 all-star game.
After the 2007-2008 season, Mr. Arenas re-negotiated a new, six-year contract with the
Wizards. He negotiated his contract without the assistance of an agent, something unheard of in
the NBA for a player of his stature. Significantly, he accepted a salary of about 8% less than
what the Wizards originally offered, so that the team would have more space under its salary-cap
to sign other players and build a squad that could contend in the playoffs.
9
For the all-star game, each conference’s five starting players are selected by fan ballot, while the seven
reserve players are selected by the coaches in the conference.
5
B.
Mr. Arenas as Friend and Father
Mr. Arenas’ upbringing also instilled in him an appreciation for the importance of family
and friends. He is universally described as a “family man,”10 a “hands-on dad,” and a “loving,
doting father”11 to his three young children — daughter Izela Semaya (age four), son Alijah
Amani (age three), and daughter Hamiley Penny (age four months) — whom he raises with his
fiancée, Laura Govan, at their home in Great Falls, Virginia. He insists on taking his children to
school whenever he is not travelling, and when he talks about his kids — which is often — “you
can’t help but see the feelings of love and joy in his eyes.”12
Mr. Arenas’ days revolve around spending time with his children, working out and
playing basketball, and performing regular-guy tasks like doing household chores and running
errands. He is the rare superstar athlete who shies away from the fast-lane lifestyle and who is
more likely to be seen pushing a shopping cart at Costco (where a friend of undersigned counsel
recently told me she saw and chatted with him) than hitting trendy restaurants or clubs. While
Mr. Arenas certainly has the resources to live a much faster life, that is not the life for him.13
Mr. Arenas is universally known as “regular, normal and unassuming.”14 The press
routinely remarks on his “everyman accessibility,”15 and those who work with him know him as
a “real person” with real emotions who is able to “truly connect[] to people.”16 Mr. Arenas does
10
Letter of Willie Stafford, a professional chef who has interacted extensively with Mr. Arenas over the
past ten years, away from the public spotlight (Ex. 30).
11
Letter of Lester Knispel, Mr. Arenas’ accountant (Ex. 18).
12
Letter of Rob Suller, the Wizards’ equipment manager and Mr. Arenas’ good friend since 2003 (Ex.
31).
13
Indeed, in reporting that Mr. Arenas has almost no risk of substance abuse, CSOSA notes that he has
never used illegal drugs and has not had a drink of alcohol in three years. See PSR at 16.
14
Letter of Alana Beard, a player for the WNBA’s Washington Mystics who is Mr. Arenas’ friend and
colleague (Ex. 3).
15
Chris Palmer, “Finding Neverland,” ESPN: The Magazine, Oct. 23, 2006 (Ex. 43).
16
Letter of Dustin Canalin, the founder of a design company who has worked with Mr. Arenas on
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not carry the sense of entitlement exhibited by some other successful athletes, and he has not
forgotten where he came from and how much he owes the community that supported him.17
Those who know Mr. Arenas well describe him as “kind and thoughtful,”18 “gentle” and
“humble,”19 “nice” and “optimistic,”20 and “well mannered” and “respectful.”21 Mrs. Weekes of
CSOSA found him to be a “responsible father and a considerate and giving young man with a
big heart.”22 One professional writer confesses that while “‘good’ and ‘nice’ and ‘kind’ aren’t
the type of descriptive words that I typically get paid to use as a sports writer, . . . it’s that simple
with [Mr. Arenas].”23 It is this grounded, “everyman” approach to life that has allowed Mr.
Arenas to connect so strongly with our community over the years.
C.
Mr. Arenas’ Concern for Others
Mr. Arenas has long been known for his charitable efforts and his willingness to help
those in need. In fact, the NBA singled him out for exceptional community service in 2005
when it awarded him the NBA Community Assist Award, which is presented to the one player in
the league whose charitable activities most “reflect[] the passion that the league and its players
marketing projects (Ex. 6).
17
See Letter of Sean Abbananto, who was friends with Mr. Arenas as a teenager (Ex. 1) (writing that even
though Mr. Arenas had become successful, “he was still the same humble Gil I had met in 1997”); Letter
of Robert Drosman, one of Mr. Arenas’ childhood basketball coaches (Ex. 9) (“Despite his success and
fame, Gilbert has remained down to earth and has rejected the ‘gangsta’ persona so prevalent in young
athletes.”).
18
Letter of Judge Karen Friedman of the Orphan’s Court for Baltimore City, whose family has become
very well acquainted with Mr. Arenas through his charity work (Ex. 11).
19
Letter of Timothy Law, who has worked extensively with Mr. Arenas on marketing projects (Ex. 19).
20
Letter of Wickel Donohue, an event organizer who has gotten to know Mr. Arenas well over the past
six years, both inside and outside of the spotlight (Ex. 8).
21
Letter of Sylvia Marlene Jones, a Washingtonian who has served a surrogate mother for Mr. Arenas
(Ex. 15).
22
PSR at 17.
23
Letter of Dave McMenamin, the ESPN journalist (Ex. 22).
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have for their communities.”24 And CSOSA found that he “is a very generous philanthropist
who also gives his time and from his heart to those in need.”25
Since his arrival in the Washington area in 2003, Mr. Arenas has devoted himself to
improving the lives of others, from donating funds to charitable foundations to volunteering to
spend his time with sick and underprivileged children. Many have written about Mr. Arenas’
penchant for community service, explaining that his “life goal” is to “constantly turn lemons into
lemonade,”26 and that he “just basically wants a smile on everyone’s face and that would make
his day.”27
It is the human element of his work in the community that Mr. Arenas most appreciates.
While he could easily give money to a pediatric cancer charity (and he does), he prefers to go the
next step and meet with the kids in person. He wants to connect with these young patients —
and all of his young fans — so that they to get to know him as a person, rather than simply as a
distant sports-star idol. As he has explained, “I don’t want to be the superstar they latch onto, I
want to be the person they latch onto.”28
Those who have seen Mr. Arenas’ charity in action uniformly note that he gives to others
out of genuine desire, not out of obligation or an attempt to garner good press. Judge Karen
Friedman of the Orphan’s Court for Baltimore City confirms that Mr. Arenas’ numerous
charitable activities “are not things that he has to do, [but] things he wants to do.”29 She knows
24
NBA, Press Release, “Arenas Receives NBA Community Assist Award for August,” Sept. 9, 2005 (Ex.
55).
25
PSR at 17.
26
Letter of Dave McMenamin (Ex. 22).
27
Letter of Arnie Mcallister, a young man whom Mr. Arenas mentors following the loss of his family in a
fire (Ex. 21).
28
Liz Robbins, “Playing With a Gleam in His Eye,” N.Y. Times, Jan. 5, 2007 (Ex. 45).
29
Letter of Judge Karen Friedman (Ex. 11). Judge Friedman has witnessed Mr. Arenas’ “commitment to
improving the plight of inner-city youth” and his “generosity — both of time and funds, and the general
8
from first-hand experience that “[g]iving back has real meaning to him. He takes it seriously and
is committed to doing all he can to help those less fortunate.”30 Mr. Arenas spends time
volunteering “not to get a feel-good article in the Washington Post but because he sees it as a
right and responsibility to give back to a city that has given him so much.”31 Indeed, Mr. Arenas
is the rare celebrity who not only makes charity a priority, but who “bring[s] a human element of
motivation to it.”32 According to the violence-prevention organization Peaceoholics, none of the
many NBA and NFL players in the Washington area have “done anything close to what Gilbert
Arenas has done for our community.”33
1.
Community Service
The following are among the types of community service that Mr. Arenas has rendered:
Barry Farms. Mr. Arenas has donated significant resources to the Goodman League at
Barry Farms, a non-profit basketball organization dedicated to lifting individuals out of
poverty and violence. In addition to financing new outdoor basketball courts with lights
and bleachers, Mr. Arenas has frequently played in exhibition games at Barry Farms.34
His regular appearances provide a source of inspiration for local residents35 and have
helped “eliminate the negative stigmas that our community cannot be safe.”36 Mr.
Arenas participates in the Goodman League because, in part, many residents of Barry
way he conducts himself — both in uniform and out of uniform.” Id.
30
Letter of Judge Karen Friedman (Ex. 11).
31
Letter of Will Sherlin, who has “unique insight into Gilbert’s character” from editing his autobiography
(Ex. 29). Mr. Sherlin “know[s] that he has been a positive influence on untold legions, myself included,
away from the spotlight.” Id.
32
Letter of Dave McMenamin (Ex. 22).
33
Letter of Ron Moten, a co-founder of Peaceoholics (Ex. 23).
34
Letter of Miles Rawls, a federal police officer with the Department of Homeland Security who runs the
Goodman League (Ex. 27). Mr. Arenas’ generosity to Barry Farms was unsolicited, and residents of
Barry Farms confirm that Mr. Arenas has changed their lives and positively impacted the “Metropolitan
community with his love and generosity.” Id. Mr. Rawls, who knows Mr. Arenas well, confides that he
has a “kind heart”: “He does not like to see others go without . . . [and] he has done nothing but reach out
to the kids in the Metropolitan area.” Id.
35
Indeed, Washingtonians admire Mr. Arenas’ “readiness and willingness to go into the lowest of income
areas — Barry Farms — to play basketball with the youth.” Letter of Sylvia Marlene Jones, one of Mr.
Arenas’ surrogate mothers (Ex. 15).
36
Letter of Ron Moten of Peaceoholics (Ex. 23). Mr. Moten “watched him open his heart up to our city.”
Id.
9
Farms cannot afford tickets to a professional basketball game. Mr. Arenas was never
able to afford tickets to an NBA game as a youngster — and did not attend his first NBA
game until after he was already drafted by the Warriors — and he believes it is
empowering for youths in Barry Farms to see NBA players on the local courts.37
Zero 2 Hero Foundation. Mr. Arenas founded the Zero 2 Hero Foundation in 2005 to
support organizations that aid in the preservation of families through foster care,
adoption, and child welfare services and that help the homeless. Through this foundation,
Mr. Arenas has undertaken several other charitable activities, such as partnering with
Beyonce’s Survivor Foundation to do a pre-concert canned food drive on behalf of the
Capital Area Food Bank and donating to “Wizards Care,” the charitable arm of the
Wizards.
Scores for Schools Program. Mr. Arenas also established the Scores for Schools
program, which raises money for schools in the Washington area. Mr. Arenas donated
nearly $350,000 for public schools through this program, in which he pledged $100 for
each point he scored in the 2006-2007 and 2007-2008 seasons. In these seasons, Wizards
team owners Irene and Abe Pollin agreed to match Mr. Arenas’ contributions. And for
the 2008-2009 season, Mr. Arenas increased his pledge to $150 per point (for himself or
his highest-scoring teammate). This generosity had a marked impact on the schools and
their administrators. As one elementary school principal explained, “not all persons who
have the financial means have the heart to give back to the community the way Mr.
Arenas did to help our school.”38
Make-a-Wish Foundation. Mr. Arenas has donated his time to the Make-a-Wish
Foundation, including recently providing 11-year-old Brent Johnson an all-access pregame tour and several autographed items.39
Hannah House. Mr. Arenas regularly donates his time and goods to Hannah House, a
transitional facility for homeless women and their children. Mr. Arenas has “reached out
to [these women and children] and helped make a difference.”40 His “kindness has
brought smiles to these children’s faces that will last a lifetime.”41
“Hoops for the Homeless.” Mr. Arenas partnered with Magic Johnson and Freddie Mac’s
“Hoops for the Homeless” to raise $600,000 to combat homelessness in the D.C. area.42
37
Letter of Paisley Benaza, Mr. Arenas’ good friend and business manager (Ex. 4).
Letter of Roy Settles, principal of Judith A. Resnick Elementary School (Ex. 28).
39
Wizards Care, Press Release, “Gilbert Arenas to Host Private Meet-and-Greet Through the Make-AWish Foundation,” Dec. 3, 2009 (Ex. 56).
40
Letter of Charlyne Braxton, Hannah House’s outreach coordinator (Ex. 5).
41
Letter of Charlyne Braxton (Ex. 5).
42
Freddie Mac, Press Release, “Freddie Mac’s Hoops for the Homeless Nets $600,000 to Help Fight
Family Homelessness in DC Area,” Sept. 13, 2008 (Ex. 53).
38
10
NBA Fit Program. Mr. Arenas has served as a spokesperson for NBA Fit, a program
sponsored by the NBA that raises awareness of physical fitness and nutrition to fight
childhood obesity. Through the NBA, Mr. Arenas teamed up with the U.S. Department
of Health & Human Services, the Advertising Council, and the Boys & Girls Clubs of
America to stress healthy living and encourage young Americans to get in shape.43
Bright Beginnings. Bright Beginnings, a nonprofit organization that serves children
without homes in Washington, has received significant support from Mr. Arenas over the
years. Mr. Arenas has earned the respect of the social workers at Bright Beginnings as a
man who has a “compassion and commitment to the community [and] who gives back
and does not look for accolades or praise.”44
Peaceoholics. When Peaceoholics was looking for assistance to help put inner-city
youths on the right track, Mr. Arenas did not hesitate to contribute his time or his money.
He donated 1000 pairs of sneakers and 1000 NBA jerseys — and assisted handing some
of them out to students — to support Peaceoholics’ efforts to help students at Anacostia,
Ballou, and Cardozo high schools make the right choices in life.45
AAU Basketball. After receiving requests from league players, Mr. Arenas generously
donated not only merchandise and Wizards tickets to the players of a youth Amateur
Athletic Union (AAU) league, but also his personal time and attention. “[W]hat most
impressed me as the team manager and as a mother of one of the players, was that Mr.
Arenas took the time to meet and speak to every player on our team. I can not express to
you what that meant to our boys.”46 While the players in the AAU league are aware of
Mr. Arenas’ serious lapse in judgment last December, “they all remember his actions last
year and how kind and generous he was to them.” 47
Georgetown University Hospital. When Mr. Arenas was informed that he was the
favorite player of a young cancer patient at Georgetown University Hospital, he sent the
patient autographed shoes and other memorabilia and later met with him at a charity
event. The young patient was enthralled by Mr. Arenas “and his work in the community”
and appreciated that “he was such a great role model.”48
Harold Pump Memorial Foundation. Mr. Arenas provides support for the Harold Pump
Memorial Foundation, which is devoted to career treatment and prevention. “Through
ten years of our foundation’s existence, Gilbert is to this day the only celebrity or
professional athlete to donate, despite the fact that hundreds of celebrities have attended
43
NBA Cares, Press Release, “Small Steps Video Contest: Encouraging Young People to Get Healthy,”
Nov. 12, 2008 (Ex. 54).
44
Letter of Tamara Perez, Bright Beginnings’ head social worker (Ex. 24).
45
Letter of Ron Moten, the co-founder of Peaceoholics (Ex. 23).
46
Letter of Tara Jones, the manager of a youth boys AAU basketball organization (Ex. 16).
47
Letter of Tara Jones (Ex. 16).
48
Letter of Linda Kim, a certified child life specialist at Georgetown University Hospital (Ex. 17).
11
our events through the years.”49 Besides donating money, Mr. Arenas has personally
attended several Foundation events and facilitated introductions to other benefactors.50
Hurricane Katrina Donations. A typical story about Mr. Arenas is his reaction when he
heard that the victims of Hurricane Katrina were in need of supplies. He gathered up
several friends, went to Costco and purchased several carloads of goods, and led a
caravan from Costco to the D.C Armory to personally deliver them.51 He then met with
victims of the hurricane to hear their stories and provide his support.
2.
Individual Acts of Charity
In addition to these organized charitable efforts, Mr. Arenas routinely lends a helping
hand to individuals who are suffering or are less fortunate. We would like to describe three
particular examples where Mr. Arenas has reached out to help a suffering child.52 In the first
instance, Mr. Arenas stepped in as a positive male role model for two young boys after their
father was murdered. Their mother, Stacey Oxner Gail, described what happened after her older
son told the police that his one wish was to meet Mr. Arenas:
Gilbert greeted my family with a big smile and hugs like we were
part of his family. Gilbert personally introduced us to all of his
teammates, took pictures with us and gave us signed autograph
jerseys and a basketball. During the 2005 and 2006 season Gilbert
provided my family with tickets to all weekend home games.
During these games both of my sons were given the privilege to sit
at the end of the Wizards bench. This experience of sitting on the
bench not only was something to take their minds off of our
family’s loss but allowed them to meet another child Gilbert was
helping through a tragedy in which he lost a parent. Gilbert’s
ability to bond these three young black males that suffered similar
tragedies was a propelling force during their period of accepting a
life changing event. Gilbert made them feel welcome and a part of
49
Letter of Dana Pump, who runs the Foundation (Ex. 26).
Letter of Dana Pump (Ex. 26). According to Ms. Pump, “never has he done anything to cause me to
question his magnanimity or generosity of spirit.” Id.
51
Letter of Leslie Pinkston, a special assistant to former Mayor Anthony Williams, who got to know Mr.
Arenas well from all of his charitable work with the District (Ex. 25).
52
Importantly, while some of these efforts were publicly known, many were done without any press or
fanfare. Mr. Arenas, for all of his oversized personality on the basketball court, often prefers not to draw
attention to his work in the community, especially work involving children. It is a testament to their
feelings about Mr. Arenas that some of these families were willing to write to Your Honor and allow their
names and stories to be publicly heard for the first time.
50
12
the Wizard’s basketball family despite his developing superstar
status. An example of his effort to make them feel welcome was
shooting around with them during pre-game or even a simple highfive. This allowed them to be close to Gilbert a[nd] know[] a
professional man that their late father respected and now they got
to spend time with.
Gilbert has had a major impact on my famil[y’s] grieving process
through acts of emotional support and thoughtfulness. Always
greeting us with a smile and being able to interact with my two
sons during their pre-teen and teenage years without having their
dad. This is a time where they really need male influences and
Gilbert has been someone they look up to and enjoy being around.
Gilbert’s kind heart to spend time with my sons has been a major
part of them healing. They will be forever connected to Gilbert the
man first and the basketball player second.53
In the second instance, Mr. Arenas was notified that a young man named Andre “Arnie”
Mcallister had lost his house and his family in a tragic fire. “In a matter of moments Gilbert had
arms around Arnie and has never left him since. Maybe this was Gilbert’s way of trying to make
sure this young lad’s life without a mother was not like his.”54
He assured that little boy, who had no hope and no family that he
would always be there for him and that he would never have to
worry about food, clothes, or shelter. You might say, no big deal.
Gilbert has the financial resources; but the big deal was [that]
Gilbert truly comforted this little boy in his darkest day, he was
there with him, playing video games and helping this little boy
return to some sense of normalcy. No one ever asked Gilbert to do
any of the aforementioned good deeds; Gilbert did these things and
thousands of other acts of kindness because he cares about
others.55
Mr. Mcallister himself explains Mr. Arenas’ supportive role: “I didn’t want to see a
therapist but when he came to visit, he was my therapy. He was just so nice. I mean like how
53
Letter of Stacey Oxner Gail (Ex. 12).
Letter of Sylvia Marlene Jones, a Washingtonian who has served as Mr. Arenas’ surrogate mother (Ex.
15).
55
Letter of Leslie Pinkston, former Mayor Williams’ special assistant, who witnessed Mr. Arenas’
interactions with Arnie Mcallsiter (Ex. 25).
54
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could you just meet two young boys [Mr. Mcallister and his cousin] and treat them like you had
known them since birth?”56 Mr. Mcallister’s life has been forever changed since Mr. Arenas
took him on as his “little brother.”57
Rob Suller, the Wizards’ equipment manager, has worked closely with Mr. Arenas over
the past seven years and eloquently recounts a similar experience he had with Mr. Arenas:
My daughter Jenna is my oldest at 5 yrs of age. Jenna was born
with an extremely rare genetic condition called Angelman
Syndrome. Although its not life threatening she will need 24hr
care for the rest of [her] life. She suffers from seizures and is
severely mentally impaired. She will never be able to talk and at 5
yrs of age still can’t walk independently. Jenna will never be able
to live independently. As you can understand having a special
needs child is not only emotionally but also very financially hard
to do. Gilbert has shown caring and compassion beyond what
myself and my family could ever thank him enough for. In May of
2007 Gilbert gave my family his entire portion of the team’s
playoff bonus in order to buy a mini van to help accommodate the
special transportation needs of my daughter. In the summer of
2009 Gilbert again helped financially to make sure my entire
family was able to attend a week long bi annual conference for
Angelman Syndrome families in Orlando Florida to learn about a
full spectrum of therapies, medical advancements, treatments, and
more for the well being and future for my daughter. Gilbert made
it possible for my entire family including myself, my wife
Amanda, my son Jaden, my daughter Jenna, and my mother in-law
Joan to all attend this week long conference. Gilbert insisted that it
was very important that everyone involved in Jenna’s daily care go
and learn as much as possible about Angelman Syndrome to
provide the best family care for her. Gilbert is constantly asking
about my daughter checking to see how’s she is doing and if she
needs anything. Gilbert has been a true friend to me and my
family.58
56
Letter of Arnie Mcallister (Ex. 21).
Letter of Arnie Mcallister (Ex. 21). Mr. Mcallister believes that “when you are talking about Gilbert
Arenas, you have to look at what he has done for the Washington DC community, the schools and more
than that. There is a lot that he didn’t have to do but he knew that if he got involved, it would change for
the better.” Id.
58
Letter of Rob Suller (Ex. 31).
57
14
As is evident from all of these examples, Mr. Arenas is personally invested in his
charitable efforts. He does not merely purchase new basketball hoops and lights for the innercity courts at Barry Farms; he plays in exhibition games on the courts. He does not simply write
a check to help the victims of Hurricane Katrina; he personally goes to Costco to buy supplies
and then leads a caravan to deliver them. He does not just buy new clothes for a child who has
lost his family and his home in a fire; he takes the child under his wing as a little brother.
3.
Kindness to Strangers
This face-to-face kindness can be seen, not only in his charitable acts, but also in all of
his daily interactions with others. As reporter Mike Wise aptly observed, apart from Mr. Arenas’
formal charitable activities, “it is his day-to-day encounters with his fans — five- or 10-minute
segments of his time and generosity — that separate Arenas from most of his fellow players.”59
One letter writer — a complete stranger to Mr. Arenas — described approaching him
when she and her son happened to see him walking in the neighborhood and asked him to sign a
basketball for a charity auction.60 True to form, Mr. Arenas quickly agreed and went so far as to
fetch and sign a new pair of shoes and a photograph as well. As she explained, “[t]here is
certainly much to admire in Mr. Arenas’ athletic ability and prowess on the basketball court.
However, there is more to admire in his character and humble demeanor. . . . We try to teach our
children to give and to help and, again, Mr. Arenas modeled that wonderfully for my son.”61
59
Mike Wise, “The Story of 0,” Washington Post, Oct. 28, 2007 (Ex. 50).
Letter of Susan Crooks (Ex. 7).
61
Letter of Susan Crooks (Ex. 7). In another example, when Mr. Arenas leapt at the chance to help a high
school student raise money to pay for college, the student “was in shock that a professional athlete in this
day in age would do such a thing, for a normal kid.” Letter of Jared Levi (Ex. 20). “In the sporting world
today, an overwhelming percent of players have forgotten about the fans, and in some ways idolizing
themselves, but this isn’t true for Gil. Gil single handedly changed my life, not only by helping me pay
for college, but also giving me the support to continue on with my aspirations.” Id.
60
15
In fact, since undertaking our representation of Mr. Arenas, undersigned counsel have
heard from many colleagues and friends who have had positive interactions with Mr. Arenas
over the past several years. For instance, one of our colleagues reported that he saw Mr. Arenas
and his children at Chuck E. Cheese’s restaurant last fall. When he approached, Mr. Arenas
focused his attention on the attorney’s children, signed autographs, and talked basketball with
them for about ten minutes. Another friend recounted how he and his family ran into Mr. Arenas
at Hoops for the Homeless a couple years ago and how exceptionally kind Mr. Arenas was to his
daughter. This openness and warmth toward others has frequently been evident throughout the
course of our representation of Mr. Arenas. The most striking example was on the day of his
guilty plea — a day of significant anxiety and deep regret for Mr. Arenas — when he graciously
stopped to chat and agreed to have photos taken with everyone else who was waiting for
interviews at CSOSA.
D.
Mr. Arenas as a Role Model
Mr. Arenas understands the responsibility that comes with his position, and he uses his
fame to encourage children to strive to succeed. Given the adversity and challenges in his
background, he has the credibility to spread the message that kids can overcome any obstacle
with hard work and perseverance. With his public persona as the underdog — the “zero” — he
shows kids that they too can go from being “Zero to Hero” if they put their minds to it. He “sets
a great example, through drive, determination, dedication, and teaching his children to be all that
they can be, but that nothing comes easy, it’s all due to hard work.”62 His power as a positive
62
Letter of Lester Knispel, Mr. Arenas’ accountant, who has seen Mr. Arenas lovingly look after his
children (Ex. 18).
16
role model “draws on his upbringing to establish central themes of resiliency, the importance of a
tireless work ethic, and learning how to use life experiences to become a stronger person.”63
This message has resonated among many young fans in this region over the past seven
years. They have always “liked him because he told the story of how he was labeled a zero and
became a hero by overcoming challenges along the way.”64 One Virginia high school student,
for example, wrote in a school essay that Mr. Arenas is “a person who has had significant
influence on [her life]” because he inspired her to try out for her high school basketball team
even though she is an observant Muslim who wears a head scarf.
Mr. Arenas understands that he has jeopardized his status as a role model to the kids of
D.C. He “realizes he made a mistake that not only damaged his reputation, but more
importantly, may have damaged his image in the eyes of the many young players who look up to
him.”65 As Mr. Arenas’ fiancée Laura Govan explained to Mrs. Weekes, the “disappointment of
letting his [young] fans down has hurt [him] the most.”66 It is this aspect of this whole situation
— the effect on his image and relationship with the kids of the District of Columbia — that most
troubles Mr. Arenas and that drives his desire to acknowledge and accept responsibility for his
illegal conduct.
III.
MR. ARENAS’ CRIME
It was against this backdrop of good character and charitable acts that Mr. Arenas
committed the crime of carrying a pistol without a license on December 21, 2009. As an initial
matter, let us be clear that Mr. Arenas recognizes that he committed a crime and that it was a
63
Letter of Will Sherlin, Mr. Arenas’ literary agent (Ex. 29).
Letter of Sashia Jones, the senior director of community relations for the Wizards, whose job
responsibility is, in part, to turn Mr. Arenas’ numerous charitable ideas into action (Ex. 14).
65
Letter of Rich Goldberg, the president of American Roundball Corporation, a non-profit youth
basketball program of which Mr. Arenas is an alumnus (Ex. 13).
66
PSR at 13.
64
17
serious offense. He brought four guns into the District of Columbia and the Verizon Center, in
direct violation of the D.C. gun laws and the NBA’s policy prohibiting the possession of guns in
NBA facilities.
In considering the appropriate punishment for this case, however, it is important to strip
away the rhetoric and get a clear-eyed view of Mr. Arenas’ conduct during and after the offense.
Such an assessment will reveal that Mr. Arenas’ intent that day, though terribly misguided, was
neither malicious nor violent in any way.
A.
Mr. Arenas’ Ownership of the Guns
It is important to recognize that Mr. Arenas did not own these guns to use as weapons to
harm or threaten other people. He owned them as part of a much larger collection — containing
everything from antique revolvers to old Tommy Guns — that he had purchased from the father
of his former girlfriend. He kept the collection in a specially reinforced and locked room in his
house, and ultimately disposed of the majority of the guns by having them donated to law
enforcement authorities in Orlando well prior to this incident. Mr. Arenas’ only use of these —
or any other — firearms has been at the firing range, where he did target practice during college
and while playing for the Golden State Warriors in California. He did not even own ammunition
for the guns he brought into the District.
He also owned the guns legally in the Commonwealth of Virginia, where it is lawful to
possess firearms without a license. In fact, it was not clear to him that the law was any different
in the District of Columbia as it related to unloaded firearms. Following the news accounts and
commentary surrounding the Supreme Court’s decision in District of Columbia v. Heller,67 Mr.
Arenas was under the mistaken impression that the law had changed to allow one to possess an
67
128 S. Ct. 2783 (2008).
18
unloaded firearm in the District. He was wrong and he should have been more conscientious to
ascertain what the law allowed and did not allow. While ignorance or confusion about the law is
concededly no defense to a crime, it is a mitigating circumstance that the Court should consider
when assessing the egregiousness of that crime.68
B.
Mr. Arenas’ Use of the Guns on December 21, 2009
It is also important to consider exactly how Mr. Arenas used the guns in the Verizon
Center on December 21, 2009. Contrary to some press reports of an armed showdown in the
locker room, a fair review of the circumstances leading up to and surrounding that incident
reflects a scenario that was much less confrontational.
It is true that Mr. Arenas and Javaris Crittenton had a heated argument on the team flight
from Phoenix on the night of December 19-20, 2010, and that they each made statements that on
their face were expressions of intent to inflict physical violence upon the other (I’m going to
burn your car or shoot you in your face (Mr. Arenas); I’m going to “shoot the f___” out of you
and specifically your surgically repaired knee (Mr. Crittenton)).69 It is true that Mr. Arenas went
out of his way to needle Mr. Crittenton in front of their teammates as they deplaned and took the
shuttle bus to the terminal. It is also true that at practice the next day Mr. Arenas placed four
unloaded handguns on Mr. Crittenton’s chair along with a note saying “Pick 1.” When Mr.
Crittenton returned to his locker and saw the guns, Mr. Arenas reminded him of his threat to
shoot Mr. Arenas in his injured knee and offered him the guns for that purpose. Mr. Crittenton
68
See United States v. Barker, 546 F.2d 940, 965 n.31 (D.C. Cir. 1976) (Leventhal, J., dissenting) (“In
certain . . . cases ignorance of law may be considered by the court in mitigation of punishment . . . .”);
Ronald D. Hunter & Mark L. Dantkzer, Crime & Criminality: Causes & Consequences 32 (2005)
(“Ignorance of the law is not an excuse for escaping prosecution, but it may be considered as a mitigating
circumstance in sentencing.”).
69
As explained in the proffer of facts submitted at the plea proceeding, at some point during their
argument, Crittenton suggested that they have a fistfight. Mr. Arenas declined, saying that he was too old
to fistfight and that he would rather burn Crittenton’s car or shoot him in the face. Crittenton responded
that he would shoot Mr. Arenas, specifically in his surgically repaired knee.
19
responded by tossing one of Mr. Arenas’ guns aside and pulling out his own handgun. Mr.
Arenas then gathered up his unloaded guns and put them away. It is clear from these
circumstances that Mr. Arenas’ use of his guns that day was not intended to be violent, but was
rather a very misguided attempt to play a prank that would provoke a reaction from Mr.
Crittenton — just as Mr. Arenas had done during and after the flight back from Phoenix the day
before.
To see that this was his intent, one must first look at Mr. Arenas’ personality. As many
have attested in their letters, Mr. Arenas does not have a violent streak.70 He has not engaged in
so much as a fistfight since he was a little child, despite the many opportunities therefor in the
high-pressure contact sport he has played for the past 17 years.
He does, however, have a record of engaging in pranks that can go much too far. Many
have remarked over the years about his “unorthodox sense of humor,”71 including the penchant
for pranks and practical jokes that was so well known that a marketing company created a
cartoon alter ego for Mr. Arenas called “The Pransksta.”72 These pranks have often been
70
See Letter of Timothy Law, who has worked extensively with Mr. Arenas on marketing projects (Ex.
19) (Mr. Arenas’ actions “were not predicated by mal intent.”); Letter of Leslie Pinkston, who has worked
extensively with Mr. Arenas on charity projects (Ex. 25) (“[M]isjudgments were never done with any
malicious intent. Gilbert truly cares about others and would never put anyone in harms way.”); Letter of
Rob Suller, the Wizards’ equipment manager (Ex. 31) (Mr. Arenas has never been a “threat to anyone or
[been known] to bring harm to anyone.”).
71
Letter of Sashia Jones, the senior director of community relations for the Wizards (Ex. 14). For
example, prior to this incident, he was admiringly described as a “colorful” player with a proclivity for
practical jokes. See, e.g., Michael Lee, “Wizards Learn to Love ‘Gilbertology,’” Washington Post, Apr.
24, 2005 (Ex. 42) (quoting former Wizards coach Eddie Jordan: “He’s not moving to the beat of a
different drummer. He’s moving to a different beat.”); id. (quoting Orlando Magic executive Otis Smith:
Mr. Arenas is a “special, quirky kid”); id. (reporting that Mr. Arenas is “offbeat,” with a “fun-loving
personality,” a player with “colorful antics” who plays “ridiculous practical jokes” on his teammates);
Mike Wise, “The Story of 0,” Washington Post, Oct. 28, 2007 (Ex. 50) (calling him a “refreshing,
authentic oddball”); Tom Chiarella, “The Pathology of Gilbert Arenas,” Esquire, Nov. 2006 (Ex. 36)
(noting his “eclectic nature”); Chris Palmer, “Finding Neverland,” ESPN: The Magazine, Oct. 23, 2006
(Ex. 43) (referring to him as “the Biggest Kid in the NBA”: “basketball’s Tasmanian Devil, its resident
Peter Pan.”).
72
Letter of Timothy Law (Ex. 19).
20
intended to “push a person’s buttons” (as evidenced by the encounter with Mr. Crittenton).
While he now recognizes that these pranks have at times gone past the point of good humor and
propriety, Mr. Arenas has never been motivated by malice or violence. As explained by Maggie
Foster, who acted a surrogate mother for Mr. Arenas during his teen years, “[t]hroughout the
years, Gil has continued to play pranks and has admitted that he did not always use proper
judgment, but by no means were his pranks ever done maliciously or with the intent to hurt
anyone!”73 It was this misguided urge to tease Mr. Crittenton — and not a feeling of actual
malice — that prompted Mr. Arenas to stage the offering of weapons to Mr. Crittenton in the
locker room last December.
This lack of violent intent can be clearly seen when one considers what Mr. Arenas
specifically did — and did not do — with his guns that morning. His lack of violent feelings
toward Mr. Crittenton is demonstrated by four important facts:

Mr. Arenas never menaced Mr. Crittenton with the firearms in any way.

Mr. Arenas laid the guns out in front of Mr. Crittenton’s locker, thereby
relinquishing the guns and putting them in Mr. Crittenton’s control.

The guns were unloaded and there was no ammunition anywhere near them, both
when he laid them out for Mr. Crittenton and later when the team security official
took possession of them.

Finally, within approximately a half hour of this encounter, Mr. Crittenton and
Mr. Arenas got into the locker room’s hot tub — just the two of them — and had
a light-hearted conversation about it. This is not what one would expect from Mr.
Crittenton if he genuinely believed Mr. Arenas meant him physical harm. Nor,
73
Letter of Maggie Foster (Ex. 10); see also PSR at 12 (quoting Ms. Foster: “I know my son and he’s not
the type of person to take guns lightly. He doesn’t use guns in everyday life.”).
21
however, is it surprising, given that Mr. Crittenton and Mr. Arenas have long been
friends — with Mr. Crittenton routinely spending time in Mr. Arenas’ hotel room
on road trips and the two of them continuing to spend time together and
communicate regularly as friends since this incident.
In light of these facts and Mr. Arenas’ history, it is clear that Mr. Arenas’ actions that day
— though admittedly illegal and thoroughly misguided — were intended as a prank and not as an
act of malice or violence. Indeed, Mrs. Weekes of CSOSA accepted that Mr. Arenas “was only
joking about the entire incident,” explaining that “a teammate and other Washington Wizards
personnel indicated the same.”74
C.
Mr. Arenas’ Acceptance of Responsibility for the Crime
From the first moments after the incident, Mr. Arenas took actions that evinced a
willingness to accept personal responsibility for his actions. When team management asked him
about an hour afterwards if he had brought guns into the locker room, he admitted that he had.
When they asked if he had had an encounter with Javaris Crittenton, he admitted that he had.
When they asked him to turn over the guns, he agreed and took a member of the team security
staff to them.
Mr. Arenas could have lied and said he did not have any guns. He could have refused to
provide his guns to team security. He could have easily snuck the guns out of Verizon Center
without the knowledge of team management. But, he did not. Instead, Mr. Arenas chose to
admit his offense, turn over his firearms, and face the consequences.
Within days of the incident, Mr. Arenas authorized his attorney to contact the U.S.
Attorney’s Office, report that Mr. Arenas had possessed guns in the Verizon Center on
74
PSR at 17.
22
December 21, and agree to turn them over to Metropolitan Police Department officials. He
offered to meet with the prosecutor and detectives on the first date available following the
holidays, and he quickly agreed to plead guilty. Mr. Arenas appeared before Your Honor to
accept responsibility for his conduct only eleven days after first meeting with investigators.
Mr. Arenas was equally accepting of responsibility in his dealings with the NBA. When
Commissioner Stern indefinitely suspended Mr. Arenas on January 6, Mr. Arenas said he
“respected” the decision.75 Again, when Commissioner Stern announced that the suspension
would run to the end of this season, Mr. Arenas accepted the punishment. Mr. Arenas
understood that Commissioner Stern’s decision to set a zero-tolerance policy for guns was in the
best interest of the league and the young kids who look up to and emulate its players. Even
though the suspension was significantly longer than suspensions imposed in past NBA discipline
cases involving firearms,76 and despite the strong prospects of prevailing in an arbitration and
recovering some substantial portion of the salary denied him by the suspension, Mr. Arenas
instructed his attorney and the National Basketball Players Association not to pursue an appeal of
Commissioner Stern’s decision. Instead, he authorized the release of the following statement:
Mr. Arenas recognizes that his actions were a serious violation of
the law and league rules and were detrimental to the NBA and its
reputation. He accepts full responsibility for what he did, and
75
Mike Wise, “NBA Hands Arenas Indefinite Suspension,” Washington Post, Jan. 7, 2010 (Ex. 51).
For example, when Denver Nugget Rodney White pled guilty in December 2004 to firing a weapon in
the District, the NBA suspended him for one game. “White Suspended for Guilty Plea on Weapons
Charges,” USA Today, Dec. 9, 2004 (Ex. 48). Even after New Orleans Hornet Rasual Butler was arrested
in Miami in June 2008 for publicly carrying a loaded gun, it appears that the NBA did not suspend him at
all. John Reid, “Hornets’ Butler Arrested on Gun Charges,” Times-Picayune (New Orleans), June 24,
2008 (Ex. 44). When Minnesota Timberwolf Sebastian Telfair carried a loaded gun in his luggage on his
team’s plane in 2006, the NBA suspended him for only two games. Jerry Zgoda, “NBA hands Telfair a
Three-Game Suspension,” Star Tribune (Minneapolis), Oct. 15, 2008 (Ex. 52). And when Mr. Telfair
pled guilty two years later to possessing a loaded gun in his car, the NBA suspended him for only three
games. Id. After Indiana Pacer Stephen Jackson pled guilty in May 2007 to firing a gun five times
outside a nightclub, the NBA suspended him for only seven games. “Jackson, Artest Suspended
Following Court Pleas,” ESPN.com (Associated Press), July 14, 2007 (Ex. 40).
76
23
takes no issue with the length of the suspension or the process that
led to the Commissioner’s decision. It is Mr. Arenas’ hope that
this punishment will serve an important purpose, as a strong
reminder of the responsibility that he and all NBA players have to
set the right example with their conduct on and off the court.77
Mr. Arenas also accepted responsibility with his team, calling Mrs. Pollin and
apologizing for having acted contrary to the precepts he had learned from her late husband,
Wizards owner Abe Pollin.
Some have questioned this acceptance of responsibility, saying that it was at odds with
certain statements Mr. Arenas made after the incident and his “gunslinging” pantomime before
the Philadelphia basketball game on January 5, 2010.78 While these actions can surely be
criticized as unwise, they do not actually reflect any equivocation about his contrition for
bringing the guns into the Verizon Center. Rather, they were a reaction to the accusation in a
specific press report that he was a “pistol-packing point guard[]” who participated in a “duel”
with a fellow player79 — a suggestion that runs contrary to his personality and self-image.
This report prompted Mr. Arenas to react. Shortly after reading it, he posted a Twitter
message expressing surprise that he “was the new JOHN WAYNE.” Soon thereafter, he told a
reporter that this account was “[s]ome real O.K. corral stuff” but was “not the real story.”80
Then, when he was told that team management may have had a role in leaking that (inaccurate)
77
Michael Lee, “Wizards’ Gilbert Arenas, Javaris Crittenton Suspended for Year,” Washington Post, Jan.
28, 2010 (Ex. 41).
78
During pre-game warm-ups, the Wizards players used to gather together for team huddles, in which
they would often play off of a certain theme, song, or inside joke. On that date, Mr. Arenas stood in the
middle of the huddle and wagged his index fingers as if he were mimicking a gunslinger — a recreation
of the touchdown scene from the Oliver Stone football movie Any Given Sunday — while his teammates
laughed. That image was captured by a photographer and was featured all over the national media.
79
Peter Vecsey & David K. Li, “NBA Gunpoint Guards in Standoff — Teammates Pull Weapons on
Each Other,” N.Y. Post, Jan. 1, 2010 (Ex. 46).
80
Peter Vecsey & Dan Mangan, “NBA Team Hid Run ‘N’ Gun — League Never Told of Locker Room
Duel,” N.Y. Post, Jan. 2, 2010 (Ex. 47). The day after this Twitter message, Mr. Arenas acknowledged to
reporters that “[t]hat’s bad judgment on my part to store them in here, and I take responsibility for that.”
“Arenas Admits ‘Bad Judgment’ In Firearm Flap,” AFP, Jan. 3, 2010 (Ex. 35).
24
version of the incident, Mr. Arenas reacted badly with the pantomime before the next basketball
game.
This conduct made people think that he did not fully accept that he was wrong to bring
guns to the Verizon Center. While that interpretation is understandable, the reality was more
nuanced than that. Mr. Arenas explained at several junctures that his actions were a reaction to
the caricature of him as a violent “gunslinger,” and were not intended to make light of his
firearms offense. Immediately after the game following the pantomime — and without
consulting with counsel — he reiterated his contrition for bringing the guns to the Verizon
Center81 and apologized for the pantomime.82 The next day, he explained to a Washington Post
reporter that his pantomime was a “react[ion] to what people are saying about me[,] not the
seriousness of the situation,” acknowledged that “the gun charge, I’m taking serious,” and said
that he was “sorry for what happened [in Philadelphia] and how people took that.”83 He also
placed a call — again without consulting with his attorney — to Commissioner Stern to
apologize for his conduct the night before.
Thus, while Mr. Arenas’ reaction to the “gunslinger” caricature was a regrettable
mistake, it is understandable at some human level and does not detract from his consistent
acknowledgement of responsibility for the gun possession from the first moments after the
incident in the locker room.
81
Immediately after the game, Mr. Arenas told reporters: “I feel bad for the situation where I’ve taken
them out of my house to get away from my kids, but I bring them to my locker and put all my teammates
at risk, even though they weren’t loaded. . . . [They are] somebody’s kids, too. So I’m sorry for all the
parents of my teammates.” Dan Gelston, “Arenas Knows He’ll Likely Meet with Stern,” Associated
Press, Jan. 6, 2010 (Ex. 37).
82
Mr. Arenas’ Twitter comments were: “I know everybody [has] seen the pre game pics[;] my teammate
thought to break the ten[s]ion we should do that[,] but this is gett[ing] way to[o] much. I wanna say sorry
if I pissed any body off by us havin[g] fun[;] I’m sorry for anything [you] need to blame [me] for [] right
now.” Jim Iovino, “NBA Suspends Gilbert Arenas Indefinitely,” NBCwashington.com, Jan. 7, 2010 (Ex.
39).
83
Mike Wise, “NBA Hands Arenas Indefinite Suspension,” Washington Post, Jan. 7, 2010 (Ex. 51).
25
IV.
THE SENTENCING GUIDELINES SUPPORT A SENTENCE OF PROBATION
Mr. Arenas agrees with the conclusion in the PSR that the applicable Sentencing
Guidelines range is 6 to 24 months.84 CPWL is a Group 8 offense. Mr. Arenas’ sole prior
conviction is for an out-of-state misdemeanor — causing a concealed firearm to be carried in a
vehicle85 — with no comparable D.C. statute. Pursuant to Sentencing Guideline § 2.2.6, Mr.
Arenas’ prior conviction is scored as ¼ point, and because this is his only criminal history, his
total score is ¼. A score of ¼ places Mr. Arenas in criminal history category A.
In the Sentencing Guidelines’ Master Grid, a Group 8 offense and a criminal history
category A yield a range of 6 to 24 months. That range permits a sentence of straight probation
(as does the next higher sentencing range of 10 to 28 months for defendants with more-serious
criminal history scores). The Sentencing Guidelines therefore provide that a sentence of
probation for between 6 and 24 months would be an appropriate sentence in this case.
V.
THE STATUTORY FACTORS SUPPORT A SENTENCE OF PROBATION
WITH COMMUNITY SERVICE
According to the District of Columbia Code, the Court may suspend execution of the
entire sentence and impose a term of probation if the Court finds “that the ends of justice and the
best interest of the public and of the defendant would be served.”86 In determining what is just
and in the best interest of the public and the defendant, the Court must fashion a sentence that
accomplishes the following:

Reflects the seriousness of the offense;

Reflects the criminal history of the offender;
84
PSR at 20.
Cal. Penal Code § 12025(a)(3). Mr. Arenas’ prior conviction is discussed in detail in Section V.B,
infra.
86
D.C. Code § 16-710(a).
85
26

Provides for just punishment; and

Affords deterrence to potential criminal conduct by the defendant and others.87
In addition, the Court may order that a defendant “undertake reasonable services to the
community” as part of the sentence.88
An assessment of these objectives demonstrates that they will best be met in this case —
and justice will best be served — by a sentence of probation with court-ordered community
service.
A.
Seriousness of the Offense
While we acknowledge that carrying a pistol is a serious offense, it is our position that
the circumstances of this particular violation were not so serious as to warrant incarceration. As
explained in Section III, supra, Mr. Arenas’ offense was not a malicious or confrontational act.
Moreover, it is distinguishable from the more “typical” CPWL case in a number of important
respects.
In the more “typical” CPWL case, the gun is seized after the owner is stopped or
searched by the police. Here, Mr. Arenas admitted his gun possession and voluntarily provided
the firearms to team security, knowing that they would be turned over to the police. He did this
even though they were hidden away and he easily could have snuck them out of the Verizon
Center. In the more “typical” CPWL case, the individual’s firearm is usually loaded and is being
possessed or used as a weapon for some sort of defensive or offensive purpose. Here, Mr.
Arenas’ firearms were unloaded, and he did not possess, nor even own, any ammunition for
them. Finally, in many CPWL convictions, the defendant avoids significant additional exposure
87
Id. § 24-403.01(a). The Code also directs that a sentence must “[p]rovide[] the offender with needed
educational or vocational training, medical care, and other correctional treatment.” Id.
88
Id. § 16-712(a).
27
by pleading to CPWL in return for the government’s agreement to not pursue other related
charges. In this case, Mr. Arenas pled guilty to the highest charge and avoided only the
additional UF89 charges.
It is instructive to review the available information about sentencing patterns for the more
“typical” CPWL cases in light of the circumstances of this case. According to the District of
Columbia Sentencing and Criminal Code Revision Commission, about 45% of the defendants in
the lowest possible criminal history category who were convicted of CPWL (or another offense
in Group 8, most commonly unauthorized use of a vehicle or attempted robbery), have
historically been sentenced to straight probation with no term of incarceration.90 If almost half of
the defendants in these cases receive straight probation, it follows that Mr. Arenas’ case — with
all of the mitigating circumstances described above — calls for no greater punishment.
B.
Criminal History
Mr. Arenas has only a minor criminal history. His sole prior conviction is a
misdemeanor nolo contendere plea from a 2003 arrest. In June of that year, Mr. Arenas was
pulled over for failing to use his turn signal. When he reached for the registration, the police
officer saw the clip of an automatic handgun in the glove compartment. The officer then
recovered an unloaded firearm in the back of the car and charged Mr. Arenas with one count of
violating California Penal Code § 12025(a)(3), which provides that “[a] person is guilty of
carrying a concealed firearm when he or she . . . [c]auses to be carried concealed within any
vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being
concealed upon the person.”
89
“UF” refers to possession of an unregistered firearm, D.C. Code § 7-2502.01(a).
D.C. Advisory Sentencing Guidelines, App. E (analyzing the 1847 individuals with a criminal history
in Category A who were convicted of an offense in Group 8 and who were sentenced from January 1996
through June 2003).
90
28
Mr. Arenas takes responsibility for his violation in California, but the incident must be
seen for what it actually was. The firearm was unloaded and was in a sleeve behind the
passenger seat. If the firearm had been in the locked trunk of the car, there would have been no
violation.91 If the firearm had been in a locked container, there would have been no violation.92
Finally, if Mr. Arenas had been travelling directly to or from a “target range” such as the San
Leandro Rifle & Pistol Range — as he often did and which was why he owned the gun in the
first place — he would not have violated any laws.93
Mr. Arenas acknowledged that he failed to comply with California’s firearms statutes,
and he pled nolo contendere to the full offense without any reduction to a lower charge.94 The
case concluded in May 2004, when the court sentenced him to two years of probation and five
days in the San Mateo County Sherriff’s Work Alternative Program.
The circumstances of Mr. Arenas’ prior conviction are relevant for two purposes here.
First, Mr. Arenas’ successful completion of the probationary term in the prior case demonstrates
that Mr. Arenas can be trusted to serve a term of probation in this case — a trust that he has
already started to establish by reporting regularly to Mrs. Weekes at CSOSA and abiding with all
terms of his release since pleading guilty before Your Honor.95 Second, we believe that the
government refused to drop the CPWL charge in favor of a UF charge in this case at least in part
because Mr. Arenas had this prior conviction. To the extent that Mr. Arenas has already
91
See Cal. Penal Code § 12026.1(a)(1).
See id.
93
See id. § 12026.2(a)(9). Indeed, in California, an individual does not need a license or a permit to
possess a firearm on his own property. See id. § 12026(b).
94
In return for his plea, however, the government did agree to dismiss the misdemeanor charge of driving
without a valid license.
95
See PSR at 10 (“He was very cooperative during the interview and provided the requested information
and he has maintained contact with this officer as instructed.”).
92
29
received stiffer treatment at the charging stage due to his prior conviction, there is less reason for
the Court to add any additional punishment therefor at the sentencing stage.
C.
Just Punishment
Just punishment would be achieved in this case with a sentence of probation and
community service. First, it should be noted that Mr. Arenas has already been seriously
“punished” simply by pleading guilty to a felony rather than a misdemeanor.96 While the
government appropriately has full discretion to charge either a felony CPWL or a misdemeanor
UF in the typical gun possession scenario, it frequently happens that the government agrees to a
UF plea in such cases. In fact, in the case against Mr. Crittenton, the government agreed to a
misdemeanor plea (resulting in a sentence of one year of unsupervised release).97 Similarly, in
the past six years, the District of Columbia U.S. Attorney’s Office has offered UF pleas to two
other NBA players whom the police found with guns, even after those guns had been fired.98
While the prosecutors were well within their rights to insist on a felony plea in this case, it is
96
Cf. Wayne R. LaFave, Substantive Criminal Law § 1.6(b) (2d ed. 2003) (explaining some of the
collateral consequences that flow from felony convictions but not misdemeanor convictions); Mark
Heisler, “Gilbert Arenas’ Joke Could Lead to the ‘Bonfire of the Wizards,’” Los Angeles Times, Jan. 17,
2010 (Ex. 38) (suggesting that Mr. Arenas’ felony charge is far more serious than multiple misdemeanor
charges, which is what Cleveland Cavalier Delonte West faces in Prince George’s County, Maryland,
after being arrested for carrying loaded pistols and a shotgun while riding his motorcycle).
97
See United States v. Crittenton, 2010 CMD 1576.
98
In September 2004, Denver Nugget Rodney White was arrested after three shots were fired from a car
in which Mr. White was riding. United States v. White, 2004 FEL 5608. While Mr. White was charged
with CPWL, UF, and UA, he pled guilty to only UF and UA and the government dropped the CPWL
charge as part of the deferred sentencing agreement. Id. In August 2006, when the police found a loaded
gun in former Charlotte Bobcat Lonny Baxter’s car, Mr. Baxter admitted that he had twice fired the gun
into the air. United States v. Baxter, 2006 CF2 17645. In exchange for a guilty plea to the UF charge, the
government dismissed the CPWL count. Id. Moreover, Mr. Baxter had pled to a UF charge only two
years earlier, after he had fired a shotgun in his apartment in the District. District of Columbia v. Baxter,
2004 CDC 2314.
30
appropriate when the Court is assessing whether justice demands imposition of incarceration to
consider that Mr. Arenas pled guilty to the greatest possible charge.99
It is also important to consider that a number of other serious negative consequences have
already flowed from Mr. Arenas’ felony conviction. These consequences include:

Mr. Arenas was suspended from the NBA for the remainder of this season, which
is fifty games. The suspension will cost him over $7 million in salary.

Adidas dropped him as a paid endorser, which will cost him at least $10 million
and possibly more than $40 million in compensation and bonuses.

Spalding dropped him as a paid endorser, which will cost him about $200,000.

The Wizards may attempt to void his contract under its “moral turpitude” clause.

The Wizards and the NBA have already scrubbed Mr. Arenas from their public
image, removing his name and likeness from the Verizon Center and promotional
materials and pulling his signature No. 0 jersey from the Wizards and NBA
stores.100

Mr. Arenas’ valuable public persona as a prominent athlete and spokesperson has
been badly tarnished.

He has lost the identity he values as a vital member of the Wizards family and the
NBA.
99
The government could not have convicted Mr. Arenas of more than one CPWL violation. See Bean v.
United States, 576 A.2d 187, 190 (D.C. 1990) (holding that an individual who carries multiple unlicensed
weapons is guilty of only one CPWL offense). The only charges the government agreed to forgo were the
four UF misdemeanors.
100
See Michael Wilbon, “Gilbert Arenas’s Crimes Deserve Punishment, Not a Disappearing Act,”
Washington Post, Jan. 14, 2010 (Ex. 49).
31

Most importantly, he has borne the humiliation of the whole situation and the
disappointment in himself for damaging his status as a role model to his fans.101
Although we recognize that collateral consequences to career, finances, psyche, and
family do not substitute for the punishment meted out by the criminal justice system, it is only
fair that they be considered when deciding on a just level of punishment.102 We take no issue
with any of these consequences and acknowledge that Mr. Arenas brought them upon himself.
We believe, however, that the extent of punishment he has already received — when examined
along with the mitigating circumstances discussed above — leads to the conclusion that
probation with community service would achieve a just resolution in this case.
D.
Deterrence
For all the reasons cited in the preceding section, we maintain that the goal of specific
deterrence has already been achieved. Mr. Arenas has more than learned his lesson and has been
deterred from ever contemplating such conduct again in the future.103 That same sentiment was
101
Mr. Arenas’ fiancée Laura Govan confided to CSOSA that Mr. Arenas is “so afraid and he has been so
apologetic. He wakes up in the middle of the night and says he messed up. To have everything taken
away from you, to know it can be gone in the blink of an eye; it has humbled him, he has a different
perspective.” PSR at 13.
102
Some courts have considered at sentencing that defendants have already experienced collateral
employment consequences and/or had their reputations ruined due to their convictions. For instance, the
Eleventh Circuit recently affirmed a below-Guidelines sentence of probation and home detention in a
securities fraud case because, among other things, the defendant “ha[d] already suffered a great deal,” had
lost his job, and had experienced “very negative consequences from . . . the specter of the criminal
sentence.” United States v. Anderson, 267 Fed. App’x 847, 849 (11th Cir. 2008) (per curiam) (nonprecedential). Similarly, a federal district court recently imposed a below-Guidelines sentence in part
because of the “collateral effects” the conviction already had on the defendant after he lost his job and his
reputation in his industry was ruined. United States v. Ranum, 353 F. Supp. 2d 984, 991 (E.D. Wis.
2005).
103
See United States v. Anderson, 267 Fed. App’x at 850 (“[T]he damage to [the defendant’s] reputation
‘also lend[s] strong support to the conclusion that imprisonment was not necessary to deter him from
engaging in future criminal conduct or to protect the public from his future criminal acts.’” (quoting Gall
v. United States, 552 U.S. 38, 59 (2007) (alterations omitted))); United States v. Adelson, 441 F. Supp. 2d
506, 514 (S.D.N.Y. 2006) (finding that the ruin of defendant’s reputation by his conviction already served
the purpose of deterrence); United States v. Redemann, 295 F. Supp. 2d 887, 897 (E.D. Wis. 2003)
(observing that deterrence had already been achieved because of the case’s “adverse publicity, which
32
expressed by Ron Moten, the co-founder of Peaceoholics, in his letter to Your Honor requesting
that Mr. Arenas be sentenced to probation in the community rather than prison (which is only the
second time in his extensive advocacy career that Mr. Moten has made such a request). Mr.
Moten has devoted his life to working with individuals who run afoul of the law, and it is his
firm belief that, unlike many individuals who are charged with gun violations, Mr. Arenas has
“no chance of re-offending.”104 Further punishment through incarceration is not necessary to get
the message through to Mr. Arenas. The message has been received loud and clear.105
Similarly, the objective of general deterrence has also already been met, regardless of the
punishment at sentencing. The whole world has watched as a man who brought four unloaded
guns into the District of Columbia was required to accept a felony plea, suffer great personal and
professional collateral consequences, register as a “gun offender,”106 submit to court supervision,
and face public scorn. This sad saga has sent a strong message to any and all who might
consider bringing guns into the District.
E.
Community Service
We urge the Court to accept CSOSA’s recommendation and impose a sentence of
probation with a court-ordered regime of community service.107 It is clear that Mr. Arenas can
be a tremendous force for good if allowed to perform community service.
Countless individuals have expressed the belief that Mr. Arenas has the capacity to
provide great service to our community. Ron Moten, co-founder of Peaceoholics, urges that Mr.
caused direct and collateral harm to [defendant] and his family”).
104
Letter of Ron Moten (Ex. 23).
105
Indeed, CSOSA found that Mr. Arenas “is remorseful for his actions, has realized his mistakes and has
learned from the situation.” PSR at 18.
106
See D.C. Code § 7-2508.04 (detailing the gun offender registry).
107
See PSR at 18 (recommending that the Court impose an “unsupervised probationary period [that]
include[s] performance by the defendant of community service hours”).
33
Arenas be given the opportunity to “educate young people about his poor decision making.”108
Sylvia Marlene Jones, a surrogate mother to Mr. Arenas, believes that Mr. Arenas “can help keep
the next young man entering this money world from losing [his] way.”109 Denise Laverne
Trotter of the Family Services Institute suggests that Mr. Arenas will do more good for society if
he is ordered to work with groups dedicated to preventing violence and building communities,
rather than spending time in jail.110 Paisley Benaza, Mr. Arenas’ business manager, is confident
that Mr. Arenas has matured and that he can “renew his commitment to being a role model” and
continue to “provide assistance for underserved students.”111 Robert Drosman, one of Mr.
Arenas’ childhood basketball coaches, suggests that Mr. Arenas’ acceptance of responsibility,
coupled with his status in the community, would equip Mr. Arenas well to “mentor and
encourage student development.”112 Rich Goldberg, the president of American Roundball
Corporation (ARC), of which Mr. Arenas is an alumnus, writes that Mr. Arenas understands the
mentoring capacity of a structured youth organization and has already volunteered to encourage
ARC players “to work on their grades and their game, and stay away from weapons and bad
influences.”113 In short, Mr. Arenas “can do a lot of good promoting his message and explaining
to the youth of Washington, D.C. where he went wrong. He is someone who cares. He is a good
person. And he is someone who can truly help influence others into striving to be good people
as well.”114
108
Letter of Ron Moten (Ex. 23).
Letter of Sylvia Marlene Jones (Ex. 15).
110
Letter of Denise Laverne Trotter (Ex. 32).
111
Letter of Paisley Benaza (Ex. 4).
112
Letter of Robert Drosman (Ex. 9).
113
Letter of Rich Goldberg (Ex. 13).
114
Letter of Dave McMenamin, an ESPN journalist who is also Mr. Arenas’ friend (Ex. 22).
109
34
CSOSA concurs with these sentiments, recommending that “Mr. Arenas and the
community can best be served by structured community service geared at assisting youth instead
of incarceration. Mr. Arenas has the means to help the community, but more importantly, he has
the heart and the willingness to do so.”115
Mr. Arenas has already demonstrated his capacity to provide guidance to our youth, not
only with his long history of outreach to young kids but also by his actions in the aftermath of
this incident. His first instinct after the guilty plea was to compose an apology to the kids of the
District of Columbia. On January 26, 2010, he issued the following letter to all of the students
and principals at the over 200 D.C.-area schools that participated in the Scores for Schools
Program:
I would like to take a moment to address the Pollin family and the
DC community. I’ve had some time to reflect on my recent
behavior and would like to offer my sincere apologies. I certainly
didn’t mean any harm by my actions, but I realize that I’ve set a
bad example and for that I am truly sorry.
Over the last few years I’ve been lucky enough to have known Mr.
Abe Pollin. He was both a mentor and a father figure to me. He
taught me to appreciate the talent and blessings I’ve been given
and the importance of sharing them with the community. We
formed the Scores for Schools program and we devised a system,
for every point I scored in a game we would give a donation to a
local school chosen for that game. Together we were able to reach
many young children in the metropolitan area.
Our goal was to help fund schools throughout the community
which would help further educate students. Mr. Pollin was a man
of peace and great dignity. He expected me and all professional
athletes to portray those qualities as well. I momentarily lost sight
of those lessons and I am sad to say that I’ve dishonored his
legacy. I’ve been reminded of something Mr. Pollin once said to
his players, “You may or may not want to be role models, but you
are role models. If you don't want to be role models, you should
get out of this business and go do something else.” He is
115
PSR at 18.
35
absolutely right. He saw something in me and then he gave me the
opportunity to live my dream. He also showed me that with
opportunity comes responsibility. This responsibility is not
something I am going to walk away from. I’ve made a mistake, a
serious mistake. I realize the only way to move forward is to own
up to it and to carry on Mr. Pollin’s legacy. I take full
responsibility for my actions and I am deeply sorry to have brought
this situation to children in the metropolitan area that do look up to
me.
I am still committed in helping out the youth and will show them
that through hard work and dedication, they too can reach their
dreams. I will show them that while we all make mistakes; it’s
what you learn from those mistakes that shape you into the man or
woman you become. I will show them that you must be
accountable for your actions and that you must do the work
necessary to repair any damage you may have done. I will choose
more wisely in the future and I will encourage those around me to
do the same. I will keep doing my due diligence in helping guide
children into brighter futures. I will prove that I am worthy of the
confidence, faith and trust placed in me and will do my best to
bring joy and happiness in everyone’s lives again.116
This letter was solely Mr. Arenas’ idea, and it was important to him that the letter be
given directly to the children, not the press. (Indeed, to this day, the text of the letter has not
been publicly released.) School principals have thanked Mr. Arenas for accepting responsibility
for his actions and using this situation as a teachable moment117 so that “students will learn from
his mistakes.”118
Mr. Arenas has also worked closely with Ms. Weekes of CSOSA to design a program in
which he will mentor young offenders and run a basketball “boot camp” at the Juvenile
Detention Center facility on Mount Olivet Road in Northeast D.C. They have also agreed that
Mr. Arenas will fund and assist in the renovation of a particular group home for juvenile
offenders. This program will allow Mr. Arenas to have a significant impact on a population of
116
Letter from Mr. Arenas to Scores for Schools Students and Principals, Jan. 26, 2010 (Ex. 33).
See, e.g., Letter from Nardos King, principal of Mount Vernon High School, to Mr. Arenas (Ex. 34).
118
Letter of Roy Settles, principal of Judith A. Resnick Elementary School (Ex. 28).
117
36
youngsters who are particularly in need of guidance and support and who will benefit from Mr.
Arenas' message about learning from mistakes and overcoming obstacles. Mr. Arenas
enthusiastically embraces this recommended program, and he is anxious to work out the logistics
and start participating.
VI.
CONCLUSION
Mr. Arenas and undersigned counsel are grateful for the Court's full consideration ofthe
points raised in this memorandum and the sentiments expressed in the attached letters.
For all the foregoing reasons, Mr. Arenas submits that justice will best be served in this
case with a sentence of probation with community service, and respectfully requests that the
Court impose such a sentence at the hearing on March 26,2010.
Respectfully submitted,
O'MELVENY & MYERS LLP
nneth . Wainstein, D.C. Bar # 451058
Jeffrey S. Nestler, D.C. Bar # 978296
1625 Eye Street, NW
Washington, DC 20006
Tel. 202-383-5300
Fax 202-383-5414
37
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Memorandum in Aid of Sentencing,
with exhibits, was hand-delivered this 19th day of March, 2010, to:
Christopher Kavanaugh, Esq.
Assistant United States Attorney
United States Attorney's Office for the District of Columbia
555 Fourth Street, N.W.
Washington, D.C. 20530
38
SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
Felony Division
____________________________________
)
UNITED STATES OF AMERICA
)
)
V.
)
)
GILBERT ARENAS,
)
Defendant.
)
____________________________________)
CASE NO. 2010 CF2 904
The Honorable Robert E. Morin
Sentencing: March 26, 2010
DECLARATION OF JEFFREY S. NESTLER IN SUPPORT OF
MEMORANDUM IN AID OF SENTENCING
I, Jeffrey S. Nestler, declare:
1.
I am an attorney licensed to practice law in the District of Columbia. I am an
associate in the law firm of O’Melveny & Myers LLP, counsel for Defendant Gilbert Arenas. I
make this declaration in support of Mr. Arenas’ Memorandum in Aid of Sentencing.
2.
A number of letters addressed to Your Honor were sent to my offices in
connection with the sentencing of Mr. Arenas. Attached hereto as Exhibits 1 - 32 are true and
correct copies of those letters that are referenced in the Memorandum in Aid of Sentencing.
Exhibit
Letter From
1
Sean Abbananto
2
Gilbert Arenas, Sr.
3
Alana Beard
4
Paisley Benaza
5
Charlyne Braxton
6
Dustin Canalin
7
Susan Crooks
8
Wickel Donohue
Exhibit
Letter From
9
Robert Drosman
10
Maggie Foster
11
Karen Friedman
12
Stacey Oxner Gail
13
Rich Goldberg
14
Sashia Jones
15
Sylvia Marlene Jones
16
Tara Irving Jones
17
Linda Kim
18
Lester Knispel
19
Timothy Law
20
Jared Levi
21
Arnie Mcallister
22
Dave McMenamin
23
Ron Moten
24
Tamara Perez
25
Leslie Pinkston
26
Dana Pump
27
Miles Rawls
28
Roy Settles
29
Will Sherlin
30
Willie Stafford
31
Rob Suller
2
Exhibit
32
Letter From
Denise LaVerne Trotter
3.
The Memorandum in Aid of Sentencing also references two other letters. The
writers of these letters have provided me permission to publicly file their letters. Attached hereto
as Exhibits 33 - 34 are true and correct copies of these letters.
Exhibit
Letter From and To
33
Letter from Gilbert Arenas to Students and Principals of Scores for Schools, Jan.
26, 2010
34
Letter from Nardos King to Gilbert Arenas
4.
The Memorandum in Aid of Sentencing references several news articles.
Attached hereto as Exhibits 35 - 52 are true and correct copies of these news articles.
Exhibit
Description
35
“Arenas Admits ‘Bad Judgment’ In Firearm Flap,” AFP, Jan. 3, 2010
36
Tom Chiarella, “The Pathology of Gilbert Arenas,” Esquire, Nov. 2006
37
Dan Gelston, “Arenas Knows He’ll Likely Meet With Stern,” Associated Press,
Jan. 6, 2010
38
Mark Heisler, “Gilbert Arenas’ Joke Could Lead to the ‘Bonfire of the Wizards,’”
Los Angeles Times, Jan. 17, 2010
39
Jim Iovino, “NBA Suspends Gilbert Arenas Indefinitely,” NBCwashington.com,
Jan. 7, 2010
40
“Jackson, Artest Suspended Following Court Pleas,” ESPN.com, July 14, 2007
41
Michael Lee, “Wizards’ Gilbert Arenas, Javaris Crittenton Suspended for Year,”
Washington Post, Jan. 28, 2010
42
Michael Lee, “Wizards Learn to Love ‘Gilbertology,’” Washington Post, Apr. 24,
2005
43
Chris Palmer, “Finding Neverland,” ESPN: The Magazine, Oct. 23, 2006
3
Exhibit
Description
44
John Reid, “Hornets’ Butler Arrested on Gun Charges,” Times-Picayune (New
Orleans), June 24, 2008
45
Liz Robbins, “Playing with a Gleam in His Eye,” New York Times, Jan. 5, 2007
46
Peter Vecsey & David K. Li, “NBA Gunpoint Guards in Standoff — Teammates
Pull Weapons on Each Other,” N.Y. Post, Jan. 1, 2010
47
Peter Vecsey & Dan Mangan , “NBA Team Hid Run ‘N’ Gun — League Never
Told of Locker Room Duel,” N.Y. Post, Jan. 2, 2010
48
“White Suspended for Guilty Plea on Weapons Charges,” USA Today, Dec. 9, 2004
49
Michael Wilbon, “Gilbert Arenas’s Crimes Deserve Punishment, Not a
Disappearing Act,” Washington Post, Jan. 14, 2010
50
Mike Wise, “The Story of 0,” Washington Post, Oct. 28, 2007
51
Mike Wise, “NBA Hands Arenas Indefinite Suspension,” Washington Post, Jan. 7,
2010
52
Jerry Zgoda, “NBA hands Telfair a Three-Game Suspension,” Star Tribune
(Minneapolis), Oct. 15, 2008
5.
The Memorandum in Aid of Sentencing references several press releases.
Attached hereto as Exhibits 53 - 56 are true and correct copies of these press releases.
Exhibit
Description
53
Freddie Mac, “Freddie Mac’s Hoops for the Homeless Nets $600,000 to Help Fight
Family Homelessness in DC Area,” Sept. 13, 2008
54
NBA Cares, “Small Steps Video Contest: Encouraging Young People to Get
Healthy,” Nov. 12, 2008
55
NBA, “Arenas Receives NBA Community Assist Award for August,” Sept. 9, 2005
56
Wizards Care, “Gilbert Arenas to Host Private Meet-and-Greet Through the MakeA-Wish Foundation,” Dec. 3, 2009
4
6.
O'Melveny & Myers LLP provided a statement on Mr. Arenas' behalf to Mrs.
Weekes ofCSOSA. This "Defense Attorney's Statement" is included in the PSR on pages 7 and
8. Attached hereto as Exhibit 57 is a true and correct reproduction of this "Defense Attorney's
Statement."
I declare under penalty of perjury under the laws of the District of Columbia that to the
best of my knowledge the statements in this Declaration are true and correct and that I signed
this Declaration on March 19,2010, in the District of Columbia
5