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LITTLE FACES FELONY DWI COUNT

By: William C. Lhotka, Of The Post-Dispatch, Kathleen Nelson, Jim Thomas and Pamela Barnes, all of the Post-Dispatch, contributed to this report. (reprinted from the St. Louis Post-Dispatch (MO), April 27, 2004)

Rams football star Leonard Little, who got 90 nights in jail when he killed a woman while driving drunk, now may face up to four years in prison for his latest DUI arrest.

He is a persistent drunken driver, St. Louis County Prosecuting Attorney Robert McCulloch said Monday in authorizing a felony charge to replace a municipal traffic ticket originally issued in Ladue.

Little, 29, who lives in St. Charles, mumbled a few words but made no formal statement as he swept through a group of reporters and photographers after posting $7,500 bond Monday afternoon at the Justice Center in Clayton.

His lawyer, Scott Rosenblum, said Little was innocent and would be acquitted.

Bob Wallace, the Rams executive vice president, repeatedly characterized the arrest as "an unfortunate situation" but had nothing substantive to say about it. Wallace would not characterize Little's status with the Rams and was noncommittal when asked if he expects Little to participate in a training camp for veteran players May 21-23.

McCulloch's office issued a felony charge of driving while intoxicated as a persistent offender, and a misdemeanor charge of speeding, which upon conviction could add six months to a sentence.

Ladue police said they clocked Little's 2003 Mercedes Benz S500 at 78 mph in a 55 zone headed west on Highway 40 at Lindbergh Boulevard at 3:44 a.m. Saturday.

Police Officer Greg Stork said in an affidavit attached to the warrant that Little had "bloodshot, watery eyes and emitted an odor of alcohol." Stork also said Little "attempted and failed three (3) sobriety tests," and "admitted to drinking alcoholic beverages."

Initially, Ladue police issued a municipal ordinance violation, for which Little would have appeared in a local court June 9 and probably paid a fine. But the felony charge was filed under state law after police and McCulloch conferred.

The underlying issue is the death of Susan Gutweiler, 47, of Oakville, on Oct. 19, 1998. Little, driving a Lincoln Navigator SUV, ran a red light and collided with her car at an intersection downtown. A breath test showed his blood-alcohol level at 0.19 percent, almost twice what was then the legal limit. He pleaded guilty in June 1999 of involuntary manslaughter.

His sentence was 90 nights in jail as part of a work-release program, 1,000 hours of community service and four years on probation. Because of the way Judge Patricia Cohen framed that sentence, Little's record was cleared when he completed probation. Had he failed to meet the terms, the judge said, he would have been sent to prison for seven years.

Gutweiler's family reached a confidential settlement in a civil lawsuit over the death, according to their attorney, John Kilo.

A state law that took effect in 2001 allows filing of a persistent offender charge against a DUI suspect who has been previously convicted of involuntary manslaughter in which drunken driving was involved, McCulloch said Monday.

After the felony charge was filed Monday, Little surrendered at the Justice Center and posted bond.

Rosenblum, his attorney, said Little had the full support of the Rams. Rosenblum characterized his client as a shy, caring person who has unfairly been portrayed as cold-blooded.

The lawyer said he believes the swiftness with which the Ladue municipal charge was exchanged for a state charges was the result of Little being a professional football player.

"To that extent, do I think he was treated differently? Yes," Rosenblum said. "Do I think he was treated unfairly? No."

Police sources said Little refused to take a breath-alcohol test Saturday morning. But in a twist, Little will not lose his license for it.

Missouri law calls for a one-year license suspension for a driver who refuses such a test. But McCulloch said Little has a valid license from Tennessee, which does not honor Missouri's implied consent law. Little would lose the Tennessee license if convicted on Monday's felony charge.

The Rams selected Little, a defensive end and linebacker from Tennessee, in the third round of the 1998 NFL draft. He signed a three-year, $1.075 million contract, which included a $400,000 signing bonus.

In 2002, the Rams signed Little to a five-year, $17.5 million contract.

The NFL's substance abuse policy holds players accountable for alcohol-related violations of the law. After Gutweiler's death, Little was suspended for eight games without pay.

Under league rules, NFL spokesman Greg Aiello said Monday, subsequent violations can result in increased discipline as determined by Commissioner Paul Tagliabue - a suspension of possibly a year or longer.

But Aiello said the league would not "prejudge anything."

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