The prosecuting attorney who allowed former Baltimore Ravens running back Ray Rice to enter a pre-trial intervention program, thus avoiding prosecution, told a New Jersey newspaper that even with a conviction, Rice would not have gone to jail.
Atlantic County (N.J.) Prosecutor Jim McClain told the Press of Atlantic City that Rice would not have faced any jail time had the case gone to trial.
"“Even if they disagree with why I did what I did, I just want people to know the decision was made after careful consideration of the law, careful consideration of the facts, hearing the voice of the victim and considering all the parameters,” McClain said. “I want people to have confidence in this agency, even if they don’t agree with everything we do.”"
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Rice was charged with third-degree aggravated assault causing serious bodily injury, a charge for an individual such as Rice—with no previous criminal history—carries a presumption of no incarceration, McClain said.
"“People need to understand, the choice was not [pre-trial intervention] versus five years’ state prison,” McClain said. “The choice was not PTI versus the No Early Release Act on a 10-year sentence. The parameters as they existed were: Is this a PTI case or a probation case?”"
New Jersey State Senate president Steve Sweeney says if that’s the case, then the law has to change.
"“If everything was done by the book, that means we need to fix our domestic abuse laws,” Sweeney said. “My whole point is not to criticize the prosecutor but to focus on what happened with the system. If this is the system our prosecutors and judges are forced to live with, we need to change it.”"
Sweeney has called for an attorney general’s review of the decision.
McClain said the video that was released by TMZ on Monday would have gotten a conviction at trial, but only after intense media coverage and that the outcome still would have been probation for Rice.
"“It’s not fair to the victim to put her through that when that was the difference,” McClain said. “I’m very glad that people are repulsed by the video, because this type of violence is an ugly, ugly thing.“But the fact that this assault was on video makes it no more nor any less ugly than those hundreds of domestic violence situations where similar violence was inflicted on a victim and it’s not captured on videotape. Reality is reality whether it’s captured on videotape or not. And the reality of violence is that it is always ugly.”"
In the end, McClain said the decision came down to fairness within the system.
"“Just like it is not just or fair to go easier on somebody because of who they are, neither is it fair or just to go heavier on somebody because of who they are,” McClain said. “I felt, and still feel, this disposition was appropriate.”"
Rice was released by the Ravens and suspended indefinitely by the NFL following the release of the video on Monday.