Plea Likely for Gilbert Arenas on Felony Gun Charge

Gilbert Arenas is expected to take a plea deal after the U.S. Attorney's Office charged the suspended Washington Wizards guard Thursday for carrying a handgun without a license, a felony count punishable by up to five years in prison.

The charge was unsealed via a type of document that precedes a plea deal and allows Arenas to skip grand jury proceedings that had heard testimony from most of his Wizards teammates and coaches. Arenas faced up to four felony charges -- one for each of the guns he brought to Verizon Center last month.

Arenas could appear in D. C. Superior Court as soon as Friday to plead guilty, although it is possible prosecutors could accept a misdemeanor charge that could result in little or no jail time.

In the filing, prosecutors allege Arenas "did carry, openly and concealed on or about his person ... a pistol without a license" on Dec. 21 -- the same date he got into an argument with teammate Javaris Crittenton over a card game, in which both allegedly brandished handguns.

Crittenton threatened to shoot Arenas in his surgically-repaired leg, according to The Washington Post. In a statement through his lawyer last week, Arenas admitted bringing his own guns into the Verizon Center locker room "in a misguided effort to play a joke'' on Crittenton in response.

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More: Gilbert Arenas | Wizards Earlier Thursday, police searched Crittenton's suburban Washington home looking for the handgun allegedly used in the argument.

"I can confirm that a search warrant was executed on Mr. Crittenton's apartment today, that Mr. Crittenton cooperated with the officers conducting the search, and that no evidence was found or seized by police," said Peter White, Crittenton's lawyer.

A spokeswoman for Arenas' attorney, Kenneth Wainstein, declined to comment; an e-mail sent to Wainstein was not returned. The U.S. Attorney's Office also declined comment.

Arenas was suspended indefinitely by the NBA on Jan. 6 for his "ongoing conduct'' while the police investigation was taking place -- particularly, comments that seemed to make light of the situation and a mock-shooting of teammates in the pre-game huddle before the Wizards played in Philadelphia the night before. In announcing the suspension commissioner David Stern said it was "pending completion of the investigation by the NBA.''

Stern also said that the league had instructed the Wizards to wait on disciplining Arenas until then, but added that Arenas likely faced "a substantial suspension, and perhaps worse.'' Such a suspension could come upon the closure of the case.

Reports have persisted that Wizards management is investigating voiding the remainder of the six-year, $111-million contract Arenas signed in the summer of 2008. It is believed that a felony charge -- even if it does not result in a felony conviction or a plea to a misdemeanor -- would violate the standard player contract's "moral turpitude'' clause.

On the other hand, such an attempt would surely be challenged by the NBA Players Association. A previous attempt by the Golden State Warriors to void the remainder of Latrell Sprewell's contract after he choked head coach P.J. Carlesimo in December 1997, was overruled by an arbitrator the following spring; Sprewell, however, never had criminal charges filed against him.

Players Association executive director Billy Hunter was scheduled to meet with Arenas this past Wednesday, according to The Washington Post. Hunter told the Post that he was leaving open the possibility of challenging further discipline by the NBA or the team: "The question becomes one of ensuring that the punishment fits the offense. You don't use a sledgehammer to drive a tack. That's what I'm about, to ensure due process.''

Crittenton has been on an indefinite paid leave from the team since the incident.

The NBA did not immediately comment on the charge against Arenas. The Wizards released this statement: "We are aware of the charge filed against Gilbert Arenas today and will continue to follow the ongoing legal process very carefully. We will also continue to cooperate fully with the proper authorities and the NBA. Beyond our previous statements on this serious and unfortunate matter, (we) will have no further comment at this time."

The team was in Chicago Thursday night for Friday's game against the Bulls.

At least eight of Arenas and Crittenton's teammates, team president Ernie Grunfeld and head coach Flip Saunders had spoken to investigators or to a grand jury before the charge was filed.

Legal experts said Arenas had no real option but to take a plea deal.

"I don't think he really wanted to go to trial on this," University of Richmond (Va.) School of Law professor Carl Tobias said. "Hopefully he can get the best deal possible. This is the fastest way to go if he wants to resume his playing career, which is now up to the commissioner.''

If Arenas pleads guilty to the one felony charge, it could be weeks before he's sentenced. His attorneys and prosecutors, Tobias said, likely have a deal on what type of penalty Arenas will have to serve, but a judge won't issue a sentence until after a pre-sentencing report is completed.