Rashee Rice and the need to have a take

The Chiefs WR may be in some trouble, and I'm supposed to have an opinion on it. So here it is.

From all appearances, Chiefs wide receiver Rashee Rice was involved in a car crash that likely involved some form of racing “around 6:40 p.m. on Saturday near the Lovers Lane exit on US-75 north, which is right by SMU, where Rice went to college.”

The article is worth reading here (I’ve linked the tweet in the picture). There is also alleged dash cam footage (which looks legitimate) of the crash as well as some photographs that were obtained by TMZ (of course), which also appear legitimate. There are other videos with a simple twitter search and more information seems to be coming available by the moment. As I write, authorities are reportedly looking for Rice in order to speak with him. Allegedly Rice and some individuals with him left the scene (which appears consistent with the video and pictures).

The most recent information that we have is that Rice has obtained an attorney and that a release on the incident is expected at some point today. Rice hasn’t been ID’d by reputable sources as a driver, a suspect, or really anything other than someone law enforcement is looking to talk to (which, as I’ll get to in a moment, can mean a wide variety of things). Chiefs president Mark Donovan on a radio appearance said the team was waiting to hear “all the facts.”

Of course, you likely already know all this, and a great deal more related to it. You’ve likely already formed an opinion as to what happened (which is understandable given the number of reasonable inferences that can be made). There are rumors flying around Twitter regarding other aspects of the case (who was driving, how fast they were going, whether there was alcohol or another form of intoxication involved, and a host of other things). You’ve probably read all of them, and you’ve likely read a number of opinions from people who cover the team.

I’m in a unique position when it comes to this sort of thing, having been a prosecuting attorney for a number of years. I’ve dealt with a wide variety of careless/reckless driving cases, “racing” cases, about a billion driving while impaired cases, criminal vehicular operation (“CVO”) cases, and everything in between. I’ve seen fact patterns like the one alleged here many times (usually with much less expensive vehicles), ranging from the alleged racing to a group of young men leaving the scene of a crash that appears to have been caused by their behavior (I’m going to be using the word “allegedly” a lot here, because that’s how I do things when talking about legal matters even when pictures almost certainly place someone at a scene).

Because of my unique experience, I’ve had a lot of people ask me what my thoughts are on this case. I’ve tweeted about it twice, basically saying “IDK it could be anything at this point,” and, “him getting an attorney doesn’t tell me much.” And to be perfectly honest… that’s still where I’m at.

But we don’t live in an age of “I don’t know,” do we? We live in an age of takes. Any time anything happens on the field or off it, the desire (expectation?) of many is that those of us who cover the team put out our opinions with regards to the hypothetical possibilities based on what we currently know. And I get that. After all, isn’t the majority of what we deal in when talking sports the hypothetical? Aren’t most “talking head” shows about issues that we can’t really resolve and are more about our opinions on relatively subjective things? Mahomes or Brady? MJ or LeBron? What’s the greatest sports dynasty ever? Who is the best WR in the league? What team “won” the offseason? Who is the best team in the league by some subjective standard RIGHT THIS SECOND?

We operate in a take economy, and that’s not necessarily a criticism. It’s just a fact. Those who cover teams and sports in general feel the need to at least say SOMETHING any time there’s an event of any sort, on the field or off it. Being omnipresent and consistently “in the conversation” is a part of this job and, in 2024, often part of following sports in general. Stories often come and go in a flash, and the conversation around those stories move even faster. Frequently, the way people are talking about a player/team/event feels as important as the subject itself, and keeping up with the ebbs and flows feels like a crucial part of the job.

This pressure feels (at least for me) even more real when it involves something of real-life import, such as a car crash due to (from all appearances) reckless behavior at the very least. Because, after all, no one wants to be accused of not caring about something that actually matters. And how can people know you care if you don’t say anything? If all that sounds a bit silly, well, that’s because it is. But just because something is silly does not make it any less real.

And so, we have takes. Takes about what the exact crime may be. Takes as to how it affected others. Takes as to how it COULD HAVE affected others. Takes about what Rice should do moving forward. Takes about what the team should do. Takes about how we should view the entire situation. Takes about the takes that currently exist and why they are very right or abysmally incorrect. And now, from me, takes about the need to have takes. The need to have an opinion is a fascinating thing that I can’t say is necessarily bad… just a bit odd.

This all contributes to the “high school cafeteria” feel of social media, with the main objectives being to participate in the most current trend conversation and to not stand out in a bad way not say something that creates a problem in our mentions (“they’re killing you in the quote tweets,” “don’t be the main character,” etc). Again, that probably sounds like a criticism, but it’s just an observation that plays out on X/Twitter daily. And it’s interesting enough to me that I wanted to say a few thoughts out loud about it.

But of course, you’re probably not reading this to get my opinion on how this industry works.

So, would you like my opinion on Rice?

I can provide it, and I’ll simply provide it from a legal perspective based on the highly limited information we have, then offer a thought from the more human perspective (yes, those are two different things, and they have to be to do the job I do).

The first thing I’d say is to reiterate that him hiring an attorney is only indicative that he believes there’s a legal issue here, nothing more. Everyone should consult with or hire an attorney if they think they could even be accused of a crime or be subject to legal action (guilty or not). The line I often use on pro se defendants (people representing themselves) is one I borrowed from a judge: You wouldn’t try to operate on your own broken leg, and right now you have the legal equivalent of a broken leg. So I don’t take much from that other than he is connected to the incident in some way.

An opinion in regards to the video and pictures? From all appearances, it at least looks like he was there or one of the individuals bears a striking resemblance to him (not out of the realm of possibility) and may have been one of the drivers. And if that is indeed him, leaving the scene of a fairly serious accident where people were injured (thankfully not serious injuries based on reports) is a bad look, regardless of whether he was driving or not. From what we currently know, he at least looks like he was participating in or encouraging very dangerous, reckless behavior that put the lives of others at risk, and then left the scene when things went “wrong.” That’s how it looks as of 10:39 a.m. on 4/1/24

What does it mean from a legal perspective? Well, the first thing I’d note is that Texas is not Minnesota (where I practice), and every state’s criminal laws vary pretty widely. A fellow attorney (and friend) has looked a bit at the Texas statutes regarding leaving the scene of an accident, for what that’s worth. But in terms of what charges might look like, the reality is this is a situation that could lead to an incredibly wide variety of outcomes, from literally nothing to a serious felony to a number of things in between (the lower level of injuries make a serious felony feel less likely as of now). Which is (likely) why Rice has hired an attorney, who right now I assume is getting every piece of information he/she can regarding what occurred.

I’ve had enough of you ask me about a potential DWI or CVO charge that I’ll address it here. Because he left the scene and has not been in contact with authorities for (at least) 24 hours, it will be almost impossible for them to show impairment barring new information we are not currently aware of (a witness at the scene saying he appeared impaired, etc). Even if he were to make contact with law enforcement and be under the influence right now, he would have what’s known as a “post-driving consumption defense,” as in it would be impossible for the State to prove beyond a reasonable doubt he didn’t consume alcohol/etc AFTER operating the motor vehicle.

Additionally, while the video appears to show him exiting from one of the cars in a way that makes him look like the driver, there’s a chance it’ll be tough to show he was the driver as well. Remember “A Few Good Men,” and the iconic quote, “It doesn’t matter what I believe, it only matters what I can prove.” That is, unlike most of what you see in Hollywood regarding the law, an incredibly accurate quote. The inference is certainly there, but they’ll need good, reliable witnesses. That can be tougher to find than one would think. But the inference COULD be enough to get him charged.

The most serious thing he could be charged with, given the information we have now, would be the reckless driving and leaving the scene of an accident that caused injury and property damage.

I have seen cases with pretty similar reports to the ones we have so far (keep in mind no law enforcement reports exist as of now that are public) that have ended with no charges. I’ve seen them charged as a misdemeanor of some sort (careless/reckless driving and leaving the scene of an accident are most often misdemeanors in Minnesota). I’ve seen them charged more seriously when there’s a credible allegation of impairment or when someone is seriously hurt. As of now, none of the range of outcomes would really surprise me because we simply don’t know a lot. Hearing that no one was seriously injured makes the more serious charges appear less likely… but that can always change as more facts emerge. That’s the criminal/civil system.

I’ve had some people ask me about how much it matters that the way those vehicles were driving put peoples’ lives at risk. From a moral perspective, I certainly think it matters. Racing on highways is stupid, dangerous, arrogant, and one of the peaks of selfishness in terms of placing others at risk for your own amusement, regardless of whether someone is impaired or not.

And even if that’s all Rice did here, or even if he was just present during it and encouraging it (and then left the scene when it literally came to a screeching halt), my hope is that he suffers some consequences. Young people do stupid, dangerous, selfish, arrogant things all the time, and often the best we can often hope for is that they don’t hurt themselves or others. In this case, it appears others DID get hurt. That is a genuinely terrible thing.

Seeing people affected made whole should be the foremost concern (and is generally what I focus on in victim cases), but right after that comes trying to find a way to provide consequences that will teach a lesson and change behavior. Learning how our actions affect others is an invaluable part of becoming an adult. And I hope, if things are as they appear, Rice has someone in his life willing to look him in the eye and say, among many other things, “Seriously?”

From a legal perspective? What “could have” happened is almost never something that’s factored in. Do you know what the difference is between a misdemeanor DWI and a felony CVO in many (maybe most) cases? Luck. Pure, stupid, blind luck. I’ve prosecuted many people who were so impaired that it felt like a miracle they didn’t kill anyone as they swerved all over the road or crashed into a building or rolled onto the sidewalk. But the law, in cases like this, generally doesn’t prosecute what “could” have happened. It only prosecutes what did happen. And in that sense, Rice may be extremely lucky from a legal standpoint (we’ll see).

I hope that all the facts become known in this case, and I’m glad to hear people affected are overall OK health-wise (and my hope is they get made whole financially for damage done, and then some). I’ll try to update this piece in the comments once more information comes available in the next few days.

In the meantime, the Chiefs will need to deal with the same uncertainty we are as they wait to hear the results not just of a criminal/civil investigation and/or case(s), but for the NFL to take potential action as well. Which means Rice’s status for 2024 becomes muddy (which is what the team is going to care about as it affects their draft and free agency plans). The high level of unknowns here has to lead to a lot of concern from their end as they prepare for the worst (something you have to do as a business).

Below is a link to subscribe if you’re not, I guess (boy does that feel odd here). And we’ll see what happens with this situation. Best case scenario is that everyone remains healthy who was hurt, those who had property damaged get made whole and are given the sincere apology they deserve, and a young man who may have done a terribly stupid thing learns something.

So there you have it. Given the age of sports coverage we’re in, I felt obliged to give my take on this whole very-not-fun situation. Because that’s what we do, after all.

EDIT - Later this afternoon, Rice’s attorneys released a statement. “On behalf of Rashee Rice, his thoughts are with everyone impacted by the automobile accident on Saturday. Rashee is cooperating with local authorities and will take all necessary steps to address this situation responsibly. Any and all requests for comment can be directed to his attorney Mr. Royce West of West & Associates, LLP.”

This does not tell us much as it is a non-admission of any sort of culpability (which is understandable given where things are at), but it does tell us his attorneys are working with law enforcement in terms of providing info, which will be filtered through his attorneys.