Gilbert Arenas Sentencing Memorandum

8/9/2019 Gilbert Arenas Sentencing Memorandum

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serving the community and others, and despite a history of pranks and misguided pr

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 un

counsel who so attested in the Pre-Sentence Report (PSR)1 countless individu

called and/or written with their personal stories about Mr. Arenas, experiences rang

brief encounters in which Mr. Arenas was generous with his time and attention, to lo

friendships that demonstrate the full depth of his loyalty and character. This input h

uniformly positive and supportive, and paints a picture of a man who is somewhat o

fundamentally very decent and unfailingly kind to others.

The following memorandum attempts to capture that input and the character

who will be standing before Your Honor for sentencing on March 26. This charact

based on the letters we have received from those whose lives have been touched by

and their words are woven throughout the text.

II. MR. ARENAS CHARACTERMr. Arenas character has been forged over a lifetime that has seen both its s

challenges and disappointments as well as a surprising number of obstacles overcom

expectations exceeded. These experiences have taught him the value of hard work a

determination and the importance of family and community. As a result, he is surpr

grounded, especially given the extraordinary life he leads as a superstar basketball p

Indeed, Mrs. Frances Weekes, the Community Supervision Officer from the Court S


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Offender Supervision Agency (CSOSA), attests that Mr. Arenas is a quiet and poli

who does not display the swagger and personality of someone of his acclaim.2

A. Mr. Arenas BackgroundMr. Arenas was born in Tampa, Florida, and spent his early childhood in Mi

raised by a single mother for the first three years of his life, until she fell victim to a

habit. His father, Gilbert Arenas, Sr., then took custody of his son, and Mr. Arenas

relationship with his mother since. His father raised him in Tampa until he was sev

at which point he and his father moved to Los Angeles, where his father worked odd

pursuing his dream of being an actor. For a period after arriving in Los Angeles, M

his father spent time living in a car, and as a close friend explained, Mr. Arenas chi

riddled with a lot of uncertainty.3

1. Mr. Arenas HumorThe challenging circumstances of his childhood had two primary effects on t

of Mr. Arenas personality. First, it caused him to turn to humor as a way of deflect

negative aspects of life. Mr. Arenas father explains that his son has always been v

a lot of ways; he just laughs and smiles to hide the pain. 4 Echoing that theme, a clo

explains that [h]e has been through a lot of hurt in his life, stemming from a povert

childhood that followed his mother abandoning him and hes developed a shield fro

making people smile.5 Mr. Arenas was always a jokester that learned to laugh aw


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pressure,6 a trait that followed Mr. Arenas into adulthood and played a role in the m

prank he played at the Verizon Center last December.

2. Mr. Arenas Determination to Exceed ExpectationsHis early experiences also instilled in him a degree of strength, resilience an

himself [that] lifted him through the[] struggles of his childhood.7 Throughout his

and his basketball career, Mr. Arenas has used a combination of grit and determinat

above the modest expectations that others have placed on him. As Mrs. Weekes of

explained, Mr. Arenas had the fortitude to overcome the obstacles he encountered

upbringing [to] become successful.8 That assessment is borne out by the series of e

expectations that have defined Mr. Arenas basketball career, from his freshman yea

school to today.

When he failed to secure a starting position on the junior varsity basketball t

Arenas convinced his father to move to a new school district, where he excelled as t

Grant High School basketball team. Following high school, Mr. Arenas was again

underestimated when the local college basketball powerhouses, USC and UCLA, sh

interest in recruiting him. Mr. Arenas instead attended University of Arizona on a b

scholarship, an opportunity that was available to him only because another player ba

his commitment.

Given Arizonas status as a perennial NCAA powerhouse, several people wa

Arenas that he could not measure up against the other players and would end up pla


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a stand-out player on the squad. He was named the most valuable player of the pres

tournament in his freshman year, led the Arizona team in scoring during his sophom

took the squad to the championship game of the NCAA tournament at the end of tha

After two years at Arizona, Mr. Arenas entered the 2001 NBA draft. He wa

in the first round and was not selected until the Golden State Warriors took him with

first pick. Again, the low expectations of others fueled Mr. Arenas drive to succee

ultimately proved them wrong when he became the first player from his 2001 rookie

chosen as an NBA all-star.

After spending much of his first season with the Warriors on the injured list,

emerged as a star of the team in his second season and won the leagues most impro

award. After signing with the Washington Wizards in 2003, Mr. Arenas was select

reserve player for the NBA all-star game in 2005, but was disappointed in 2006 whe

Conference coaches failed to vote him in,9 and he played only as a substitute for an

player. Once again, however, his disappointment fueled his drive to succeed, and h

during the 2006-2007 season, ultimately being selected as a starter for the 2007 all-s

After the 2007-2008 season, Mr. Arenas re-negotiated a new, six-year contra

Wizards. He negotiated his contract without the assistance of an agent, something u

the NBA for a player of his stature. Significantly, he accepted a salary of about 8%

what the Wizards originally offered, so that the team would have more space under

to sign other players and build a squad that could contend in the playoffs.


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B. Mr. Arenas as Friend and FatherMr. Arenas upbringing also instilled in him an appreciation for the importan

and friends. He is universally described as a family man,10 a hands-on dad, and

doting father11 to his three young children daughter Izela Semaya (age four), so

Amani (age three), and daughter Hamiley Penny (age four months) whom he rais

fiance, Laura Govan, at their home in Great Falls, Virginia. He insists on taking hi

school whenever he is not travelling, and when he talks about his kids which is o

cant help but see the feelings of love and joy in his eyes.12

Mr. Arenas days revolve around spending time with his children, working o

playing basketball, and performing regular-guy tasks like doing household chores an

errands. He is the rare superstar athlete who shies away from the fast-lane lifestyle

more likely to be seen pushing a shopping cart at Costco (where a friend of undersig

recently told me she saw and chatted with him) than hitting trendy restaurants or clu

Mr. Arenas certainly has the resources to live a much faster life, that is not the life f

Mr. Arenas is universally known as regular, normal and unassuming.14 Th

routinely remarks on his everyman accessibility,15 and those who work with him k

a real person with real emotions who is able to truly connect[] to people. 16 Mr.

10 Letter of Willie Stafford, a professional chef who has interacted extensively with Mr. Arepast 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


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not carry the sense of entitlement exhibited by some other successful athletes, and h

forgotten where he came from and how much he owes the community that supporte

Those who know Mr. Arenas well describe him as kind and thoughtful,18

humble,19 nice and optimistic,20 and well mannered and respectful.21 Mr

CSOSA found him to be a responsible father and a considerate and giving young m

big heart.22 One professional writer confesses that while good and nice and k

the type of descriptive words that I typically get paid to use as a sports writer, . . . it

with [Mr. Arenas].23 It is this grounded, everyman approach to life that has allow

Arenas to connect so strongly with our community over the years.

C. Mr. Arenas Concern for OthersMr. Arenas has long been known for his charitable efforts and his willingnes

those in need. In fact, the NBA singled him out for exceptional community service

when it awarded him the NBA Community Assist Award, which is presented to the

the league whose charitable activities most reflect[] the passion that the league and

marketing projects (Ex. 6).17See Letter of Sean Abbananto, who was friends with Mr. Arenas as a teenager (Ex. 1) (w

though Mr. Arenas had become successful, he was still the same humble Gil I had met in 1of Robert Drosman, one of Mr. Arenas childhood basketball coaches (Ex. 9) (Despite his fame, Gilbert has remained down to earth and has rejected the gangsta persona so prevaleathletes.).18 Letter of Judge Karen Friedman of the Orphans Court for Baltimore City, whose family very well acquainted with Mr. Arenas through his charity work (Ex. 11).


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have for their communities.24 And CSOSA found that he is a very generous phila

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 hi

improving the lives of others, from donating funds to charitable foundations to volu

spend his time with sick and underprivileged children. Many have written about M

penchant for community service, explaining that his life goal is to constantly turn

lemonade,26

and that he just basically wants a smile on everyones face and that w

his day.27

It is the human element of his work in the community that Mr. Arenas most

While he could easily give money to a pediatric cancer charity (and he does), he pre

next step and meet with the kids in person. He wants to connect with these young p

and all of his young fans so that they to get to know him as a person, rather than

distant sports-star idol. As he has explained, I dont want to be the superstar they l

want to be the person they latch onto.28

Those who have seen Mr. Arenas charity in action uniformly note that he g

out of genuine desire, not out of obligation or an attempt to garner good press. Judg

Friedman of the Orphans Court for Baltimore City confirms that Mr. Arenas nume

charitable activities are not things that he hasto do, [but] things he wantsto do.29

24 NBA, Press Release, Arenas Receives NBA Community Assist Award for August, Sep55)


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from first-hand experience that [g]iving back has real meaning to him. He takes it

is committed to doing all he can to help those less fortunate.30

Mr. Arenas spends

volunteering not to get a feel-good article in the Washington Postbut because he s

right and responsibility to give back to a city that has given him so much.31 Indeed

is the rare celebrity who not only makes charity a priority, but who bring[s] a huma

motivation to it.32 According to the violence-prevention organization Peaceoholics

many NBA and NFL players in the Washington area have done anything close to w

Arenas has done for our community.33

1. Community ServiceThe following are among the types of community service that Mr. Arenas ha

Barry Farms. Mr. Arenas has donated significant resources to the GoodmanBarry Farms, a non-profit basketball organization dedicated to lifting individpoverty and violence. In addition to financing new outdoor basketball courtand bleachers, Mr. Arenas has frequently played in exhibition games at BarrHis regular appearances provide a source of inspiration for local residents

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helped eliminate the negative stigmas that our community cannot be safe.3

Arenas participates in the Goodman League because, in part, many residents

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 Gilberts character from editing his (Ex. 29). Mr. Sherlin know[s] that he has been a positive influence on untold legions, myaway 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 SecurityGoodman League (Ex. 27). Mr. Arenas generosity to Barry Farms was unsolicited, and reBarry Farms confirm that Mr. Arenas has changed their lives and positively impacted the M


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Farms cannot afford tickets to a professional basketball game. Mr. Arenas wable to afford tickets to an NBA game as a youngster and did not attend h

game until after he was already drafted by the Warriors and he believes itempowering for youths in Barry Farms to see NBA players on the local cour

Zero 2 Hero Foundation. Mr. Arenas founded the Zero 2 Hero Foundation support organizations that aid in the preservation of families through foster cadoption, and child welfare services and that help the homeless. Through thMr. Arenas has undertaken several other charitable activities, such as partneBeyonces Survivor Foundation to do a pre-concert canned food drive on be

Capital Area Food Bank and donating to Wizards Care, the charitable armWizards.

Scores for Schools Program. Mr. Arenas also established the Scores for Schprogram, which raises money for schools in the Washington area. Mr. Arennearly $350,000 for public schools through this program, in which he pledgeeach point he scored in the 2006-2007 and 2007-2008 seasons. In these seasteam owners Irene and Abe Pollin agreed to match Mr. Arenas contribution

the 2008-2009 season, Mr. Arenas increased his pledge to $150 per point (fohis highest-scoring teammate). This generosity had a marked impact on the their administrators. As one elementary school principal explained, not all have the financial means have the heart to give back to the community the wArenas did to help our school.38

Make-a-Wish Foundation. Mr. Arenas has donated his time to the Make-a-WFoundation, including recently providing 11-year-old Brent Johnson an all-agame tour and several autographed items.39

Hannah House. Mr. Arenas regularly donates his time and goods to Hannahtransitional facility for homeless women and their children. Mr. Arenas has to [these women and children] and helped make a difference.

40His kindn

brought smiles to these childrens faces that will last a lifetime.41

Hoops for the Homeless. Mr. Arenas partnered with Magic Johnson and FHoops for the Homeless to raise $600,000 to combat homelessness in the D

37 Letter of Paisley Benaza, Mr. Arenas good friend and business manager (Ex. 4).


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NBA Fit Program. Mr. Arenas has served as a spokesperson for NBA Fit, asponsored by the NBA that raises awareness of physical fitness and nutrition

childhood obesity. Through the NBA, Mr. Arenas teamed up with the U.S. of Health & Human Services, the Advertising Council, and the Boys & GirlAmerica to stress healthy living and encourage young Americans to get in sh

Bright Beginnings. Bright Beginnings, a nonprofit organization that serves cwithout homes in Washington, has received significant support from Mr. Aryears. Mr. Arenas has earned the respect of the social workers at Bright Begman who has a compassion and commitment to the community [and] who g

and does not look for accolades or praise.44

Peaceoholics. When Peaceoholics was looking for assistance to help put innyouths on the right track, Mr. Arenas did not hesitate to contribute his time oHe donated 1000 pairs of sneakers and 1000 NBA jerseys and assisted haof them out to students to support Peaceoholics efforts to help students aBallou, and Cardozo high schools make the right choices in life.45

AAU Basketball. After receiving requests from league players, Mr. Arenas gdonated not only merchandise and Wizards tickets to the players of a youth AAthletic Union (AAU) league, but also his personal time and attention. [Wimpressed me as the team manager and as a mother of one of the players, waArenas took the time to meet and speak to every player on our team. I can nyou what that meant to our boys.46 While the players in the AAU league arMr. Arenas serious lapse in judgment last December, they all remember hiyear and how kind and generous he was to them.

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Georgetown University Hospital. When Mr. Arenas was informed that he wfavorite player of a young cancer patient at Georgetown University Hospitalpatient autographed shoes and other memorabilia and later met with him at aevent. The young patient was enthralled by Mr. Arenas and his work in theand appreciated that he was such a great role model.48

Harold Pump Memorial Foundation. Mr. Arenas provides support for the HMemorial Foundation, which is devoted to career treatment and prevention. ten years of our foundations existence, Gilbert is to this day the only celebriprofessional athlete to donate, despite the fact that hundreds of celebrities ha


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our events through the years.49 Besides donating money, Mr. Arenas has peattended several Foundation events and facilitated introductions to other ben

Hurricane Katrina Donations. A typical story about Mr. Arenas is his reactheard that the victims of Hurricane Katrina were in need of supplies. He gatseveral friends, went to Costco and purchased several carloads of goods, andcaravan from Costco to the D.C Armory to personally deliver them.51 He thvictims of the hurricane to hear their stories and provide his support.

2. Individual Acts of CharityIn addition to these organized charitable efforts, Mr. Arenas routinely lends

hand to individuals who are suffering or are less fortunate. We would like to descri

particular examples where Mr. Arenas has reached out to help a suffering child.52 I

instance, Mr. Arenas stepped in as a positive male role model for two young boys af

father was murdered. Their mother, Stacey Oxner Gail, described what happened a

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 werepart of his family. Gilbert personally introduced us to all of histeammates, took pictures with us and gave us signed autograph

jerseys and a basketball. During the 2005 and 2006 season Gilbertprovided my family with tickets to all weekend home games.During these games both of my sons were given the privilege to sitat the end of the Wizards bench. This experience of sitting on thebench not only was something to take their minds off of ourfamilys loss but allowed them to meet another child Gilbert washelping through a tragedy in which he lost a parent. Gilbertsability to bond these three young black males that suffered similartragedies was a propelling force during their period of accepting alife changing event. Gilbert made them feel welcome and a part of

49 Letter of Dana Pump, who runs the Foundation (Ex. 26).50 Letter of Dana Pump (Ex. 26). According to Ms. Pump, never has he done anything to


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the Wizards basketball family despite his developing superstarstatus. An example of his effort to make them feel welcome was

shooting around with them during pre-game or even a simple high-five. This allowed them to be close to Gilbert a[nd] know[] aprofessional man that their late father respected and now they gotto spend time with.

Gilbert has had a major impact on my famil[ys] grieving processthrough acts of emotional support and thoughtfulness. Alwaysgreeting us with a smile and being able to interact with my two

sons during their pre-teen and teenage years without having theirdad. This is a time where they really need male influences andGilbert has been someone they look up to and enjoy being around.Gilberts kind heart to spend time with my sons has been a majorpart of them healing. They will be forever connected to Gilbert theman first and the basketball player second.

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In the second instance, Mr. Arenas was notified that a young man named An

Mcallister had lost his house and his family in a tragic fire. In a matter of moment

arms around Arnie and has never left him since. Maybe this was Gilberts way of tr

sure this young lads life without a mother was not like his.54

He assured that little boy, who had no hope and no family that hewould always be there for him and that he would never have toworry 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 wasthere with him, playing video games and helping this little boyreturn to some sense of normalcy. No one ever asked Gilbert to doany of the aforementioned good deeds; Gilbert did these things and

thousands of other acts of kindness because he cares aboutothers.55

Mr. Mcallister himself explains Mr. Arenas supportive role: I didnt want

therapist but when he came to visit, he was my therapy. He was just so nice. I mean


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could you just meet two young boys [Mr. Mcallister and his cousin] and treat them l

known them since birth?

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Mr. Mcallisters life has been forever changed since M

took him on as his little brother.57

Rob Suller, the Wizards equipment manager, has worked closely with Mr. A

the past seven years and eloquently recounts a similar experience he had with Mr. A

My daughter Jenna is my oldest at 5 yrs of age. Jenna was bornwith an extremely rare genetic condition called AngelmanSyndrome. Although its not life threatening she will need 24hrcare for the rest of [her] life. She suffers from seizures and isseverely mentally impaired. She will never be able to talk and at 5yrs of age still cant walk independently. Jenna will never be ableto live independently. As you can understand having a specialneeds child is not only emotionally but also very financially hard

to do. Gilbert has shown caring and compassion beyond whatmyself and my family could ever thank him enough for. In May of2007 Gilbert gave my family his entire portion of the teamsplayoff bonus in order to buy a mini van to help accommodate thespecial transportation needs of my daughter. In the summer of2009 Gilbert again helped financially to make sure my entirefamily was able to attend a week long bi annual conference forAngelman Syndrome families in Orlando Florida to learn about afull spectrum of therapies, medical advancements, treatments, andmore for the well being and future for my daughter. Gilbert madeit possible for my entire family including myself, my wifeAmanda, my son Jaden, my daughter Jenna, and my mother in-lawJoan to all attend this week long conference. Gilbert insisted that itwas very important that everyone involved in Jennas daily care goand learn as much as possible about Angelman Syndrome to

provide the best family care for her. Gilbert is constantly askingabout my daughter checking to see hows she is doing and if sheneeds anything. Gilbert has been a true friend to me and myfamily.58


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As is evident from all of these examples, Mr. Arenas is personally invested i

charitable efforts. He does not merely purchase new basketball hoops and lights fo

city courts at Barry Farms; he plays in exhibition games on the courts. He does not

a check to help the victims of Hurricane Katrina; he personally goes to Costco to bu

and then leads a caravan to deliver them. He does not just buy new clothes for a ch

lost his family and his home in a fire; he takes the child under his wing as a little bro

3. Kindness to StrangersThis face-to-face kindness can be seen, not only in his charitable acts, but al

his daily interactions with others. As reporter Mike Wise aptly observed, apart from

formal charitable activities, it is his day-to-day encounters with his fans five- or

segments of his time and generosity that separate Arenas from most of his fellow

One letter writer a complete stranger to Mr. Arenas described approac

when she and her son happened to see him walking in the neighborhood and asked h

basketball for a charity auction.60 True to form, Mr. Arenas quickly agreed and wen

fetch and sign a new pair of shoes and a photograph as well. As she explained, [t]h

certainly much to admire in Mr. Arenas athletic ability and prowess on the basketb

However, there is more to admire in his character and humble demeanor. . . . We try

children to give and to help and, again, Mr. Arenas modeled that wonderfully for m

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In fact, since undertaking our representation of Mr. Arenas, undersigned cou

heard from many colleagues and friends who have had positive interactions with M

over the past several years. For instance, one of our colleagues reported that he saw

and his children at Chuck E. Cheeses restaurant last fall. When he approached, Mr

focused his attention on the attorneys children, signed autographs, and talked baske

them for about ten minutes. Another friend recounted how he and his family ran int

at Hoops for the Homeless a couple years ago and how exceptionally kind Mr. Aren

daughter. This openness and warmth toward others has frequently been evident thr

course of our representation of Mr. Arenas. The most striking example was on the d

guilty plea a day of significant anxiety and deep regret for Mr. Arenas when h

stopped to chat and agreed to have photos taken with everyone else who was waitin

interviews at CSOSA.

D. Mr. Arenas as a Role ModelMr. Arenas understands the responsibility that comes with his position, and

fame to encourage children to strive to succeed. Given the adversity and challenges

background, he has the credibility to spread the message that kids can overcome any

with hard work and perseverance. With his public persona as the underdog the

shows kids that they too can go from being Zero to Hero if they put their minds to

a great example, through drive, determination, dedication, and teaching his children

they can be, but that nothing comes easy, its all due to hard work.62 His power as


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role model draws on his upbringing to establish central themes of resiliency, the im

tireless work ethic, and learning how to use life experiences to become a stronger pe

This message has resonated among many young fans in this region over the

years. They have always liked him because he told the story of how he was labele

became a hero by overcoming challenges along the way.64 One Virginia high scho

for example, wrote in a school essay that Mr. Arenas is a person who has had signi

influence on [her life] because he inspired her to try out for her high school basketb

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

D.C. He realizes he made a mistake that not only damaged his reputation, but mor

importantly, may have damaged his image in the eyes of the many young players w

him.65 As Mr. Arenas fiance Laura Govan explained to Mrs. Weekes, the disap

letting his [young] fans down has hurt [him] the most.66 It is this aspect of this wh

the effect on his image and relationship with the kids of the District of Columbia

troubles Mr. Arenas and that drives his desire to acknowledge and accept responsibi

illegal conduct.

III. MR. ARENAS CRIMEIt was against this backdrop of good character and charitable acts that Mr. A

committed the crime of carrying a pistol without a license on December 21, 2009. A

matter, let us be clear that Mr. Arenas recognizes that he committed a crime and tha


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serious offense. He brought four guns into the District of Columbia and the Verizon

direct violation of the D.C. gun laws and the NBAs policy prohibiting the possessio

NBA facilities.

In considering the appropriate punishment for this case, however, it is impor

away the rhetoric and get a clear-eyed view of Mr. Arenas conduct during and after

Such an assessment will reveal that Mr. Arenas intent that day, though terribly mis

neither malicious nor violent in any way.

A. Mr. Arenas Ownership of the GunsIt is important to recognize that Mr. Arenas did not own these guns to use as

harm or threaten other people. He owned them as part of a much larger collection

everything from antique revolvers to old Tommy Guns that he had purchased fro

of his former girlfriend. He kept the collection in a specially reinforced and locked

house, and ultimately disposed of the majority of the guns by having them donated t

enforcement authorities in Orlando well prior to this incident. Mr. Arenas only use

or any other firearms has been at the firing range, where he did target practice du

and while playing for the Golden State Warriors in California. He did not even own

for the guns he brought into the District.

He also owned the guns legally in the Commonwealth of Virginia, where it i

possess firearms without a license. In fact, it was not clear to him that the law was

in the District of Columbia as it related to unloaded firearms. Following the news a


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unloaded firearm in the District. He was wrong and he should have been more cons

ascertain what the law allowed and did not allow. While ignorance or confusion ab

concededly no defense to a crime, it is a mitigating circumstance that the Court shou

when assessing the egregiousness of that crime.68

B. Mr. Arenas Use of the Guns on December 21, 2009It is also important to consider exactly how Mr. Arenas used the guns in the

Center on December 21, 2009. Contrary to some press reports of an armed showdo

locker room, a fair review of the circumstances leading up to and surrounding that i

reflects a scenario that was much less confrontational.

It is true that Mr. Arenas and Javaris Crittenton had a heated argument on the

from Phoenix on the night of December 19-20, 2010, and that they each made statem

their face were expressions of intent to inflict physical violence upon the other (Im

burn your car or shoot you in your face (Mr. Arenas); Im going to shoot the f___

and specifically your surgically repaired knee (Mr. Crittenton)).69 It is true that Mr.

out of his way to needle Mr. Crittenton in front of their teammates as they deplaned

shuttle bus to the terminal. It is also true that at practice the next day Mr. Arenas pl

unloaded handguns on Mr. Crittentons chair along with a note saying Pick 1. W

Crittenton returned to his locker and saw the guns, Mr. Arenas reminded him of his

shoot Mr. Arenas in his injured knee and offered him the guns for that purpose. Mr

68SeeUnited States v. Barker, 546 F.2d 940, 965 n.31 (D.C. Cir. 1976) (Leventhal, J., disse


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responded by tossing one of Mr. Arenas guns aside and pulling out his own handgu

Arenas then gathered up his unloaded guns and put them away. It is clear from thes

circumstances that Mr. Arenas use of his guns that day was not intended to be viole

rather a very misguided attempt to play a prank that would provoke a reaction from

Crittenton just as Mr. Arenas had done during and after the flight back from Pho

before.

To see that this was his intent, one must first look at Mr. Arenas personality

have attested in their letters, Mr. Arenas does not have a violent streak.70 He has no

so much as a fistfight since he was a little child, despite the many opportunities ther

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

have remarked over the years about his unorthodox sense of humor,71 including th

for pranks and practical jokes that was so well known that a marketing company cre

cartoon alter ego for Mr. Arenas called The Pransksta.72 These pranks have often

70See Letter of Timothy Law, who has worked extensively with Mr. Arenas on marketing p19) (Mr. Arenas actions were not predicated by mal intent.); Letter of Leslie Pinkston, wextensively with Mr. Arenas on charity projects (Ex. 25) ([M]isjudgments were never donmalicious intent. Gilbert truly cares about others and would never put anyone in harms wayRob Suller, the Wizards equipment manager (Ex. 31) (Mr. Arenas has never been a threat

[been known] to bring harm to anyone.).71 Letter of Sashia Jones, the senior director of community relations for the Wizards (Ex. 14example, prior to this incident, he was admiringly described as a colorful player with a prpractical jokes. See, e.g., Michael Lee, Wizards Learn to Love Gilbertology, Washingto24, 2005 (Ex. 42) (quoting former Wizards coach Eddie Jordan: Hes not moving to the bedifferent drummer. Hes moving to a different beat.); id. (quoting Orlando Magic executiv


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intended to push a persons buttons (as evidenced by the encounter with Mr. Critt

While he now recognizes that these pranks have at times gone past the point of good

propriety, Mr. Arenas has never been motivated by malice or violence. As explaine

Foster, who acted a surrogate mother for Mr. Arenas during his teen years, [t]hroug

years, Gil has continued to play pranks and has admitted that he did not always use

judgment, but by no means were his pranks ever done maliciously or with the intent

anyone!73

It was this misguided urge to tease Mr. Crittenton and not a feeling o

malice that prompted Mr. Arenas to stage the offering of weapons to Mr. Critten

locker room last December.

This lack of violent intent can be clearly seen when one considers what Mr.

specifically did and did not do with his guns that morning. His lack of violen

toward Mr. Crittenton is demonstrated by four important facts:

Mr. Arenas never menaced Mr. Crittenton with the firearms in any w Mr. Arenas laid the guns out in front of Mr. Crittentons locker, there

relinquishing the guns and putting them in Mr. Crittentons control.

The guns were unloaded and there was no ammunition anywhere neawhen he laid them out for Mr. Crittenton and later when the team sec

took possession of them.

Finally, within approximately a half hour of this encounter, Mr. CrittMr. Arenas got into the locker rooms hot tub just the two of them


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however, is it surprising, given that Mr. Crittenton and Mr. Arenas ha

friends with Mr. Crittenton routinely spending time in Mr. Arenas

on road trips and the two of them continuing to spend time together a

communicate regularly as friends since this incident.

In light of these facts and Mr. Arenas history, it is clear that Mr. Arenas ac

though admittedly illegal and thoroughly misguided were intended as a prank

act of malice or violence. Indeed, Mrs. Weekes of CSOSA accepted that Mr. Arena

joking about the entire incident, explaining that a teammate and other Washington

personnel indicated the same.74

C. Mr. Arenas Acceptance of Responsibility for the CrimeFrom the first moments after the incident, Mr. Arenas took actions that evinc

willingness to accept personal responsibility for his actions. When team manageme

about an hour afterwards if he had brought guns into the locker room, he admitted th

When they asked if he had had an encounter with Javaris Crittenton, he admitted tha

When they asked him to turn over the guns, he agreed and took a member of the tea

staff to them.

Mr. Arenas could have lied and said he did not have any guns. He could hav

provide his guns to team security. He could have easily snuck the guns out of Veriz

without the knowledge of team management. But, he did not. Instead, Mr. Arenas

admit his offense, turn over his firearms, and face the consequences.


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December 21, and agree to turn them over to Metropolitan Police Department offici

offered to meet with the prosecutor and detectives on the first date available followi

holidays, and he quickly agreed to plead guilty. Mr. Arenas appeared before Your H

accept responsibility for his conduct only eleven days after first meeting with invest

Mr. Arenas was equally accepting of responsibility in his dealings with the N

Commissioner Stern indefinitely suspended Mr. Arenas on January 6, Mr. Arenas sa

respected the decision.75

Again, when Commissioner Stern announced that the su

would run to the end of this season, Mr. Arenas accepted the punishment. Mr. Aren

understood that Commissioner Sterns decision to set a zero-tolerance policy for gun

best interest of the league and the young kids who look up to and emulate its player

though the suspension was significantly longer than suspensions imposed in past NB

cases involving firearms,76 and despite the strong prospects of prevailing in an arbitr

recovering some substantial portion of the salary denied him by the suspension, Mr.

instructed his attorney and the National Basketball Players Association not to pursu

Commissioner Sterns decision. Instead, he authorized the release of the following

Mr. Arenas recognizes that his actions were a serious violation ofthe law and league rules and were detrimental to the NBA and itsreputation. He accepts full responsibility for what he did, and

75 Mike Wise, NBA Hands Arenas Indefinite Suspension, Washington Post, Jan. 7, 2010 76 For example, when Denver Nugget Rodney White pled guilty in December 2004 to firingthe District, the NBA suspended him for one game. White Suspended for Guilty Plea on WCharges, USA Today, Dec. 9, 2004 (Ex. 48). Even after New Orleans Hornet Rasual Butlein Miami in June 2008 for publicly carrying a loaded gun it appears that the NBA did not s


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takes no issue with the length of the suspension or the process thatled to the Commissioners decision. It is Mr. Arenas hope thatthis punishment will serve an important purpose, as a strongreminder of the responsibility that he and all NBA players have toset the right example with their conduct on and off the court .77

Mr. Arenas also accepted responsibility with his team, calling Mrs. Pollin an

apologizing for having acted contrary to the precepts he had learned from her late hu

Wizards owner Abe Pollin.

Some have questioned this acceptance of responsibility, saying that it was at

certain statements Mr. Arenas made after the incident and his gunslinging pantom

the Philadelphia basketball game on January 5, 2010.78 While these actions can sur

criticized as unwise, they do not actually reflect any equivocation about his contritio

bringing the guns into the Verizon Center. Rather, they were a reaction to the accus

specific press report that he was a pistol-packing point guard[] who participated in

with a fellow player79

a suggestion that runs contrary to his personality and self-i

This report prompted Mr. Arenas to react. Shortly after reading it, he posted

message expressing surprise that he was the new JOHN WAYNE. Soon thereafte

reporter that this account was [s]ome real O.K. corral stuff but was not the real st

Then, when he was told that team management may have had a role in leaking that (

77 Michael Lee, Wizards Gilbert Arenas, Javaris Crittenton Suspended for Year, Washin28, 2010 (Ex. 41).78 During pre-game warm-ups, the Wizards players used to gather together for team huddlethey would often play off of a certain theme, song, or inside joke. On that date, Mr. Arenasmiddle of the huddle and wagged his index fingers as if he were mimicking a gunslinger


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version of the incident, Mr. Arenas reacted badly with the pantomime before the nex

game.

This conduct made people think that he did not fully accept that he was wron

guns to the Verizon Center. While that interpretation is understandable, the reality

nuanced than that. Mr. Arenas explained at several junctures that his actions were a

the caricature of him as a violent gunslinger, and were not intended to make light

firearms offense. Immediately after the game following the pantomime and with

consulting with counsel he reiterated his contrition for bringing the guns to the V

Center81 and apologized for the pantomime.82 The next day, he explained to a Wash

reporter that his pantomime was a react[ion] to what people are saying about me[,]

seriousness of the situation,acknowledged that the gun charge, Im taking serious

that he was sorry for what happened [in Philadelphia] and how people took that.83

placed a call again without consulting with his attorney to Commissioner Ster

apologize for his conduct the night before.

Thus, while Mr. Arenas reaction to the gunslinger caricature was a regret

mistake, it is understandable at some human level and does not detract from his con

acknowledgement of responsibility for the gun possession from the first moments a

incident in the locker room.

81 Immediately after the game, Mr. Arenas told reporters: I feel bad for the situation wherethem out of my house to get away from my kids, but I bring them to my locker and put all mat risk, even though they werent loaded. . . . [They are] somebodys kids, too. So Im sorry


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IV. THE SENTENCING GUIDELINES SUPPORT A SENTENCE OF PROMr. Arenas agrees with the conclusion in the PSR that the applicable Senten

Guidelines range is 6 to 24 months.84 CPWL is a Group 8 offense. Mr. Arenas sol

conviction is for an out-of-state misdemeanor causing a concealed firearm to be

vehicle85 with no comparable D.C. statute. Pursuant to Sentencing Guideline 2

Arenas prior conviction is scored as point, and because this is his only criminal h

total score is . A score of places Mr. Arenas in criminal history category A.

In the Sentencing Guidelines Master Grid, a Group 8 offense and a crimina

category A yield a range of 6 to 24 months. That range permits a sentence of straig

(as does the next higher sentencing range of 10 to 28 months for defendants with mo

criminal history scores). The Sentencing Guidelines therefore provide that a senten

probation for between 6 and 24 months would be an appropriate sentence in this cas

V. THE STATUTORY FACTORS SUPPORT A SENTENCE OF PROBAWITH COMMUNITY SERVICE

According to the District of Columbia Code, the Court may suspend executi

entire sentence and impose a term of probation if the Court finds that the ends of ju

best interest of the public and of the defendant would be served.86 In determining

and in the best interest of the public and the defendant, the Court must fashion a sen

accomplishes the following:

Reflects the seriousness of the offense;R fl h i i l hi f h ff d


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Provides for just punishment; and

Affords deterrence to potential criminal conduct by the defendant an

In addition, the Court may order that a defendant undertake reasonable services to

community as part of the sentence.88

An assessment of these objectives demonstrates that they will best be met in

and justice will best be served by a sentence of probation with court-ordered com

service.

A. Seriousness of the OffenseWhile we acknowledge that carrying a pistol is a serious offense, it is our po

the circumstances of this particular violation were not so serious as to warrant incar

explained in Section III, supra, Mr. Arenas offense was not a malicious or confront

Moreover, it is distinguishable from the more typical CPWL case in a number of i

respects.

In the more typical CPWL case, the gun is seized after the owner is stoppe

searched by the police. Here, Mr. Arenas admitted his gun possession and voluntar

the firearms to team security, knowing that they would be turned over to the police.

even though they were hidden away and he easily could have snuck them out of the

Center. In the more typical CPWL case, the individuals firearm is usually loaded

possessed or used as a weapon for some sort of defensive or offensive purpose. Her

Arenas firearms were unloaded, and he did not possess, nor even own, any ammun


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by pleading to CPWL in return for the governments agreement to not pursue other r

charges. In this case, Mr. Arenas pled guilty to the highest charge and avoided only

additional UF89 charges.

It is instructive to review the available information about sentencing patterns

typical CPWL cases in light of the circumstances of this case. According to the D

Columbia Sentencing and Criminal Code Revision Commission, about 45% of the d

the lowest possible criminal history category who were convicted of CPWL (or anot

in Group 8, most commonly unauthorized use of a vehicle or attempted robbery), ha

historically been sentenced to straight probation with no term of incarceration.90 If

the defendants in these cases receive straight probation, it follows that Mr. Arenas c

all of the mitigating circumstances described above calls for no greater punishme

B. Criminal HistoryMr. 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. Are

pulled over for failing to use his turn signal. When he reached for the registration, t

officer saw the clip of an automatic handgun in the glove compartment. The officer

recovered an unloaded firearm in the back of the car and charged Mr. Arenas with o

violating California Penal Code 12025(a)(3), which provides that [a] person is gu

carrying a concealed firearm when he or she . . . [c]auses to be carried concealed wi

vehicle in which he or she is an occupant any pistol, revolver, or other firearm capab


29/127

Mr. Arenas takes responsibility for his violation in California, but the incide

seen for what it actually was. The firearm was unloaded and was in a sleeve behind

passenger seat. If the firearm had been in the locked trunk of the car, there would h

violation.91 If the firearm had been in a locked container, there would have been no

Finally, if Mr. Arenas had been travelling directly to or from a target range such a

Leandro Rifle & Pistol Range as he often did and which was why he owned the g

first place he would not have violated any laws.93

Mr. Arenas acknowledged that he failed to comply with Californias firearm

and he pled nolo contendere to the full offense without any reduction to a lower cha

case concluded in May 2004, when the court sentenced him to two years of probatio

days in the San Mateo County Sherriffs Work Alternative Program.

The circumstances of Mr. Arenas prior conviction are relevant for two purp

First, Mr. Arenas successful completion of the probationary term in the prior case d

that Mr. Arenas can be trusted to serve a term of probation in this case a trust tha

already started to establish by reporting regularly to Mrs. Weekes at CSOSA and ab

terms of his release since pleading guilty before Your Honor.95

Second, we believe

government refused to drop the CPWL charge in favor of a UF charge in this case a

because Mr. Arenas had this prior conviction. To the extent that Mr. Arenas has alr

91See Cal Penal Code 12026 1(a)(1)


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received stiffer treatment at the charging stage due to his prior conviction, there is le

the Court to add any additional punishment therefor at the sentencing stage.

C. Just PunishmentJust punishment would be achieved in this case with a sentence of probation

community service. First, it should be noted that Mr. Arenas has already been serio

punished simply by pleading guilty to a felony rather than a misdemeanor.96 Whi

government appropriately has full discretion to charge either a felony CPWL or a m

UF in the typical gun possession scenario, it frequently happens that the governmen

UF plea in such cases. In fact, in the case against Mr. Crittenton, the government ag

misdemeanor plea (resulting in a sentence of one year of unsupervised release).

97

S

the past six years, the District of Columbia U.S. Attorneys Office has offered UF p

other NBA players whom the police found with guns, even after those guns had bee

While the prosecutors were well within their rights to insist on a felony plea in this c

96Cf. Wayne R. LaFave, Substantive Criminal Law 1.6(b) (2d ed. 2003) (explaining somecollateral consequences that flow from felony convictions but not misdemeanor convictions

Heisler, Gilbert Arenas Joke Could Lead to the Bonfire of the Wizards, Los Angeles Ti2010 (Ex. 38) (suggesting that Mr. Arenas felony charge is far more serious than multiple charges, which is what Cleveland Cavalier Delonte West faces in Prince Georges County, after being arrested for carrying loaded pistols and a shotgun while riding his motorcycle).97See United States v. Crittenton, 2010 CMD 1576.98 In September 2004 Denver Nugget Rodney White was arrested after three shots were fir


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appropriate when the Court is assessing whether justice demands imposition of inca

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 conse

already flowed from Mr. Arenas felony conviction. These consequences include:

Mr. Arenas was suspended from the NBA for the remainder of this sis fifty games. The suspension will cost him over $7 million in salar

Adidas dropped him as a paid endorser, which will cost him at least $and possibly more than $40 million in compensation and bonuses.

Spalding dropped him as a paid endorser, which will cost him about The Wizards may attempt to void his contract under its moral turpit The Wizards and the NBA have already scrubbed Mr. Arenas from th

image, removing his name and likeness from the Verizon Center and

materials and pulling his signature No. 0 jersey from the Wizards and

stores.100

Mr. Arenas valuable public persona as a prominent athlete and spokbeen badly tarnished.

He has lost the identity he values as a vital member of the Wizards faNBA.


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Most importantly, he has borne the humiliation of the whole situationdisappointment in himself for damaging his status as a role model to

Although we recognize that collateral consequences to career, finances, psyc

family do not substitute for the punishment meted out by the criminal justice system

fair that they be considered when deciding on a just level of punishment.102 We tak

with any of these consequences and acknowledge that Mr. Arenas brought them upo

We believe, however, that the extent of punishment he has already received whe

along with the mitigating circumstances discussed above leads to the conclusion

probation with community service would achieve a just resolution in this case.

D. DeterrenceFor all the reasons cited in the preceding section, we maintain that the goal o

deterrence has already been achieved. Mr. Arenas has more than learned his lesson

deterred from ever contemplating such conduct again in the future.103 That same se

101 Mr. Arenas fiance Laura Govan confided to CSOSA that Mr. Arenas is so afraid and apologetic. He wakes up in the middle of the night and says he messed up. To have everythaway from you, to know it can be gone in the blink of an eye; it has humbled him, he has a perspective. PSR at 13.102 Some courts have considered at sentencing that defendants have already experienced colemployment consequences and/or had their reputations ruined due to their convictions. ForEleventh Circuit recently affirmed a below-Guidelines sentence of probation and home dete

securities fraud case because, among other things, the defendant ha[d] already suffered a glost his job, and had experienced very negative consequences from . . . the specter of the csentence. United States v. Anderson, 267 Fed. Appx 847, 849 (11th Cir. 2008) (per curiamprecedential). Similarly, a federal district court recently imposed a below-Guidelines sentebecause of the collateral effects the conviction already had on the defendant after he lost reputation in his industry was ruined United States v Ranum 353 F Supp 2d 984 991 (E


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expressed by Ron Moten, the co-founder of Peaceoholics, in his letter to Your Hono

that Mr. Arenas be sentenced to probation in the community rather than prison (whi

second time in his extensive advocacy career that Mr. Moten has made such a reque

Moten has devoted his life to working with individuals who run afoul of the law, an

firm belief that, unlike many individuals who are charged with gun violations, Mr. A

no chance of re-offending.

104

Further punishment through incarceration is not nec

the message through to Mr. Arenas. The message has been received loud and clear.

Similarly, the objective of general deterrence has also already been met, rega

punishment at sentencing. The whole world has watched as a man who brought fou

guns into the District of Columbia was required to accept a felony plea, suffer great

professional collateral consequences, register as a gun offender,106 submit to cour

and face public scorn. This sad saga has sent a strong message to any and all who m

consider bringing guns into the District.

E. Community ServiceWe urge the Court to accept CSOSAs recommendation and impose a senten

probation with a court-ordered regime of community service.107 It is clear that Mr.

be a tremendous force for good if allowed to perform community service.

Countless individuals have expressed the belief that Mr. Arenas has the capa

provide great service to our community. Ron Moten, co-founder of Peaceoholics, u


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Arenas be given the opportunity to educate young people about his poor decision m

Sylvia Marlene Jones, a surrogate mother to Mr. Arenas, believes that Mr. Arenas c

the next young man entering this money world from losing [his] way.109 Denise L

Trotter of the Family Services Institute suggests that Mr. Arenas will do more good

he is ordered to work with groups dedicated to preventing violence and building com

rather than spending time in jail.110 Paisley Benaza, Mr. Arenas business manager,

that Mr. Arenas has matured and that he can renew his commitment to being a role

continue to provide assistance for underserved students.111 Robert Drosman, one

Arenas childhood basketball coaches, suggests that Mr. Arenas acceptance of resp

coupled with his status in the community, would equip Mr. Arenas well to mentor

encourage student development.112 Rich Goldberg, the president of American Rou

Corporation (ARC), of which Mr. Arenas is an alumnus, writes that Mr. Arenas und

mentoring capacity of a structured youth organization and has already volunteered t

ARC players to work on their grades and their game, and stay away from weapons

influences.113 In short, Mr. Arenas can do a lot of good promoting his message an

to the youth of Washington, D.C. where he went wrong. He is someone who cares.

person. And he is someone who can truly help influence others into striving to be g

as well.114

108


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CSOSA concurs with these sentiments, recommending that Mr. Arenas and

community can best be served by structured community service geared at assisting y

of incarceration. Mr. Arenas has the means to help the community, but more impor

the heart and the willingness to do so.115

Mr. Arenas has already demonstrated his capacity to provide guidance to ou

only with his long history of outreach to young kids but also by his actions in the af

this incident. His first instinct after the guilty plea was to compose an apology to th

District of Columbia. On January 26, 2010, he issued the following letter to all of th

and principals at the over 200 D.C.-area schools that participated in the Scores for S

Program:

I would like to take a moment to address the Pollin family and theDC community. Ive had some time to reflect on my recentbehavior and would like to offer my sincere apologies. I certainlydidnt mean any harm by my actions, but I realize that Ive set abad example and for that I am truly sorry.

Over the last few years Ive been lucky enough to have known Mr.Abe Pollin. He was both a mentor and a father figure to me. Hetaught me to appreciate the talent and blessings Ive been givenand the importance of sharing them with the community. Weformed the Scores for Schools program and we devised a system,for every point I scored in a game we would give a donation to alocal school chosen for that game. Together we were able to reachmany young children in the metropolitan area.

Our goal was to help fund schools throughout the communitywhich would help further educate students. Mr. Pollin was a manof peace and great dignity. He expected me and all professionalathletes to portray those qualities as well. I momentarily lost sight


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absolutely right. He saw something in me and then he gave me theopportunity to live my dream. He also showed me that withopportunity comes responsibility. This responsibility is not

something I am going to walk away from. Ive made a mistake, aserious mistake. I realize the only way to move forward is to ownup to it and to carry on Mr. Pollins legacy. I take fullresponsibility for my actions and I am deeply sorry to have broughtthis situation to children in the metropolitan area that do look up tome.

I am still committed in helping out the youth and will show themthat through hard work and dedication, they too can reach theirdreams. I will show them that while we all make mistakes; itswhat you learn from those mistakes that shape you into the man orwoman you become. I will show them that you must beaccountable for your actions and that you must do the worknecessary to repair any damage you may have done. I will choosemore wisely in the future and I will encourage those around me to

do the same. I will keep doing my due diligence in helping guidechildren into brighter futures. I will prove that I am worthy of theconfidence, faith and trust placed in me and will do my best tobring joy and happiness in everyones lives again.116

This letter was solely Mr. Arenas idea, and it was important to him that the

given directly to the children, not the press. (Indeed, to this day, the text of the lette

been publicly released.) School principals have thanked Mr. Arenas for accepting r

for his actions and using this situation as a teachable moment117 so that students wi

his mistakes.118

Mr. Arenas has also worked closely with Ms. Weekes of CSOSA to design a

which he will mentor young offenders and run a basketball boot camp at the Juve

Detention Center facility on Mount Olivet Road in Northeast D.C. They have also a


37/127


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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA

Felony Division

____________________________________)

UNITED STATES OF AMERICA )

) CASE NO. 2010 CF2 904

V. ) The Honorable Robert E. Mo

) Sentencing: March 26, 2010

GILBERT ARENAS, )

Defendant. )

____________________________________)

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.associate in the law firm of OMelveny & Myers LLP, counsel for Defendant Gilbe

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 officesconnection with the sentencing of Mr. Arenas. Attached hereto as Exhibits 1 - 32 ar

correct copies of those letters that are referenced in the Memorandum in Aid of Sent

Exhibit Letter From

1 Sean Abbananto

2 Gilbert Arenas, Sr.

3 Alana Beard

4 Paisley Benaza

5 Charlyne Braxton


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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


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Exhibit Letter From

32 Denise LaVerne Trotter

3. The Memorandum in Aid of Sentencing also references two other letwriters of these letters have provided me permission to publicly file their letters. At

as Exhibits 33 - 34 are true and correct copies of these letters.

Exhibit Letter From and To

33Letter from Gilbert Arenas to Students and Principals of Scores for Sch26, 2010

34 Letter from Nardos King to Gilbert Arenas

4. The Memorandum in Aid of Sentencing references several news articAttached hereto as Exhibits 35 - 52 are true and correct copies of these news article

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

37Dan Gelston, Arenas Knows Hell Likely Meet With Stern,AssociateJan. 6, 2010

38Mark Heisler, Gilbert Arenas Joke Could Lead to the Bonfire of the WLos Angeles Times, Jan. 17, 2010

39

Jim Iovino, NBA Suspends Gilbert Arenas Indefinitely, NBCwashing

Jan. 7, 2010

40 Jackson, Artest Suspended Following Court Pleas, ESPN.com, July 1

41Michael Lee, Wizards Gilbert Arenas, Javaris Crittenton Suspended fW hi P J 28 2010


41/127

Exhibit Description

44 John Reid, Hornets Butler Arrested on Gun Charges, Times-PicayunOrleans), June 24, 2008

45 Liz Robbins, Playing with a Gleam in His Eye,New York Times, Jan.

46Peter Vecsey & David K. Li, NBA Gunpoint Guards in Standoff TePull Weapons on Each Other,N.Y. Post, Jan. 1, 2010

47Peter Vecsey & Dan Mangan , NBA Team Hid Run N Gun LeaguTold of Locker Room Duel,N.Y. Post, Jan. 2, 2010

48 White Suspended for Guilty Plea on Weapons Charges, USA Today,

49Michael Wilbon, Gilbert Arenass Crimes Deserve Punishment, Not aDisappearing Act, Washington Post, Jan. 14, 2010

50 Mike Wise, The Story of 0, Washington Post, Oct. 28, 2007

51Mike Wise, NBA Hands Arenas Indefinite Suspension, Washington P2010

52Jerry Zgoda, NBA hands Telfair a Three-Game Suspension, Star Trib(Minneapolis), Oct. 15, 2008

5. The Memorandum in Aid of Sentencing references several press releAttached hereto as Exhibits 53 - 56 are true and correct copies of these press release

Exhibit Description

53Freddie Mac, Freddie Macs Hoops for the Homeless Nets $600,000 toFamily Homelessness in DC Area, Sept. 13, 2008

54NBA Cares, Small Steps Video Contest: Encouraging Young People tHealthy, Nov. 12, 2008

55 NBA, Arenas Receives NBA Community Assist Award for August, S


42/127

6. O'Melveny & Myers LLP provided a statement on Mr. Arenas' behaWeekes ofCSOSA. This "Defense Attorney's Statement" is included in the PSR o8. Attached hereto as Exhibit 57 is a true and correct reproduction of this "DefenseStatement."

I declare under penalty ofperjury under the laws of the District ofColumbiabest ofmy knowledge the statements in this Declaration are true and correct and thathis Declaration on March 19,2010, in the District ofColumbia


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