December 14, 2011 10:55 AM

Tearful ex-ESPN analyst Barnaby guilty of DWI

Defense attorney Frank Lotempio, left, and former NHL player Matthew Barnaby, right, speak with members of the media outside the courthouse on Tuesday, Dec. 13, 2011, in Clarence, N.Y. (AP Photo/Gary Wiepert)

(AP) 

CLARENCE CENTER, N.Y. - With his voice cracking and hands shaking, former NHL player Matthew Barnaby apologized for his "bad decisions" after pleading guilty to four violations connected to a drunken-driving arrest that got him fired from ESPN.

"I'm going to do my best, take the proper measures to make sure this does not happen again," Barnaby said Tuesday evening, following an hour-long appearance in the town court in Clarence in suburban Buffalo. "I take full responsibility for everything that I've done."

Barnaby then took a deep breath before issuing a vow to do better.

"I promise — my kids, my family, my friends. I promise I'll make them proud, this community proud," he said, as his eyes welled with tears while making a brief statement to reporters outside the courthouse.

"That's all," he said, before joining his attorney in walking toward his attorney's SUV and being driven away.

ESPN fires Matthew Barnaby after DWI charge

ESPN's Barnaby charged with DWI; Car had 3 tires

The former hockey analyst pleaded guilty to driving while intoxicated, refusing a breath test, driving with unsafe tires and failing to notify the Department of Motor Vehicles of his address change.

Judge Michael Powers sentenced Barnaby to 100 hours of community service speaking to local school children, alcohol abuse counseling and $1,950 in fines and surcharges.

Barnaby was arrested not far from his Clarence home in the early morning of Dec. 5. That's when Erie County sheriffs found him behind the wheel of a Porsche Cayenne that had damage to its front end and causing sparks because it was missing its front tire.

Barnaby had his license revoked after failing field sobriety tests and refusing a breath test.

Erie County Assistant District Attorney Kelley Omel said sheriffs have since found what they believe to be the missing front tire. It was discovered near an Interstate-290 exit ramp approximately nine miles from where Barnaby was arrested, Omel said.

A fifth charge of leaving the scene of the accident was dropped because there was no evidence linking Barnaby to causing any other injuries or damage.

The veteran of 13 NHL seasons was fired by ESPN less than a day after he was arrested, ending a four-year career as a hockey analyst for the cable network.

The 38-year-old Barnaby is from Ottawa, Canada. By reaching a plea agreement, Barnaby avoided a potential one-year jail term for DWI, which could have jeopardized his status in the United States.

In issuing his sentence, Powers explained why he elected against imposing a jail term. The judge noted this was Barnaby's first alcohol-related driving offense; that Barnaby took full responsibility, and Powers took into account how that could affect his U.S. residency status.

Referring to Barnaby as "a lucky man," Powers added: "I think you have a lot to offer this community."

This is Barnaby's second run-in with the law this year. In July, he avoided a potential deportation hearing by reaching a deal to have five misdemeanor charges dropped in connection to a domestic dispute with his estranged wife.

Erie County District Attorney Frank Sedita has not determined whether to reinstate the previous charges as a result of his latest arrest.

Barnaby's attorney Frank LoTempio declined to discuss how Barnaby's plea might affect his status.

During the hearing, LoTempio informed Powers that his client's ex-wife was present in the courtroom.

"He has ... support," LoTempio said. "Matthew has accepted full responsibility for these charges and, frankly, is ready to move on with his life."

Barnaby broke into the NHL with the Buffalo Sabres during the 1992-93 season. He played for seven teams before retiring in 2007 after suffering a concussion sustained during a fight. Barnaby earned a reputation as a pesky agitator during a career in which he finished with 113 goals and 300 points. He also had 2,562 penalty minutes in 834 games.

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ESPN is owned by The Walt Disney Co.

© 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment See all 11 Comments
by ddal10 December 15, 2011 9:07 AM EST
He's Crying, He must be a Republican.
Reply to this comment
by Martha12345 December 15, 2011 8:39 AM EST
Too bad. Alcohol screws up a lot of people. IF we legalize weed this will never ever happen again, plus everyone will have plenty of food to eat and all of our clothing will be made from hemp.
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by smittyc December 14, 2011 7:42 PM EST
He drove nine miles on three wheels in a porsche. That is hilarious. This would make a great add for GM as their cars and trucks travel on four wheels an don't spark!!!
Reply to this comment
by mikeinwisconsin December 14, 2011 3:02 PM EST
In 1981 as a Canadian kid I stole two tires in Canada, got arrested and after 911, I got pulled in by Homeland Security crossing at Buffalo and I can not visit unless I have a waiver. Yet he almost kills people and he gets to stay. I guess drinking and driving in New York is not considered a felony offense like it is in Canada. And he's a former player with an expensive lawyer.
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by mikeinwisconsin December 14, 2011 3:01 PM EST
In 1981 as a Canadian kid I stole two tires in Canada, got arrested and after 911, I got pulled in by Homeland Security crossing at Buffalo and I can not visit unless I have a waiver. Yet he almost kills people and he gets to stay. I guess drinking and driving in New York is not considered a felony offense like it is in Canada. And he's a former player with an expensive lawyer.
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by Goofer-Buddy December 14, 2011 2:05 PM EST
Drinkers Lie and Liars drink.
Reply to this comment
by wolfmagic2012 December 14, 2011 2:53 PM EST
And self-righteous hypocrites regurgitate their slop. Merry Christmas! Take the log out of your own stinkin eye before trying to point out short-comings in others.
by Goofer-Buddy December 14, 2011 4:32 PM EST
Hey wolfboy, I did not recklessly endanger people for my own self gratification. Never have and never will. I guess that makes me self righteous, but not hypocritical.
by mountainstates1 December 14, 2011 12:23 PM EST
If the sports world can let a monster like Michael Vick back into the NFL after his horrific crimes, they sure should be able to forgive Barnaby.
Reply to this comment
by jscott418 December 14, 2011 11:54 AM EST
Too bad your life has to get so low before you realize you have a problem. People are too forgiving on alcohol use. Its too much of a socially acceptable problem and nobody says or does much about it.
Reply to this comment
by FreshxWater December 14, 2011 12:16 PM EST
This has had a lot of play. Too bad the corporate media didn't report on:
Wall Street Walmart heiress DUIs in Texas, the Sheriff tries to cover it up. 1998, in drunken binge she murders a mother of two children. Not one word ever reported by the Wall Street Corporate Media.

www.cbsnews.com/8301-504083_162-20120165-504083.html?tag=mncol;lst;2
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