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Based on reports that surfaced yesterday of a June 2020 shooting at the home of NFL agent Damarius Bilbo, there is certainly some smoke when it comes to the possible involvement of Dolphins cornerback Xavien Howard. If the NFL has joined the authorities in the search for fire, the NFL won’t say so.
“We will decline comment,” said spokesman Brian McCarthy in a Sunday morning email to PFT about the situation.
Under the Personal Conduct Policy, the league has broad authority to investigate and discipline players who have committed one or more types of misconduct off the field. Obviously, potential involvement in a shooting falls under the policy prohibited conduct.
Like the Miami Herald Announced Saturday night, Howard has declined to be interviewed by Georgia police who are investigating the incident. Unless and until he goes to Georgia (the dolphins are hosting the Falcons this year), authorities there will have a hard time enforcing an interview. Even if they manage to get Howard into a room, he can always invoke his Fifth Amendment rights against self-incrimination.
In contrast, the NFL has the power to force Howard to show up and talk, with discipline being the lever to enforce compliance. Consider this section of the Policy on Personal Conduct: “Because the Fifth Amendment’s protection against self-incrimination does not apply to a workplace investigation, the league reserves the right to compel any player to cooperate with its Investigations, even when the target of a pending law enforcement investigation or proceeding. A player’s refusal to speak to a league investigator in such circumstances will not prevent an investigation from being prosecuted or from being subject to disciplinary action. “
While the competition doesn’t comment, it seems like a no-brainer. The competition would have to send an investigator to Florida, or require Howard to come to New York for an interview. The league should also require Howard to direct his attorneys to produce any reports or other data he has received from Georgia police on the investigation so that the league has a fuller picture before talking to Howard.
There is another interesting angle with regard to the notification to the league office. When did Howard report the investigation to the dolphins? When did the dolphins ever share that information with the competition? Again, from the Policy: “Clubs and players are required to promptly report any matter that comes to their attention (for example, through victim or witness reports, law enforcement, civil suits, or media reports) that may be in violation of this. Policy. Clubs are expected to inform their employees of this duty to report Failure to report an incident is grounds for disciplinary action This duty to report is broader than just reporting an arrest, it requires reporting to the league of each incident that comes to the attention of the club or player and that, if the allegations were true, would constitute a violation of policy. “
Wherever it comes from, the incident report, as bolstered by the Herald’s Saturday night reporting, makes it clear that authorities in Georgia believe there is reason to talk to Howard about this unsolved shooting at an NFL agent’s home. . There’s no reason for the NFL to look the other way, and every reason for the NFL to use its leverage on Howard to get him talking.