Just How Shady is Shady McCoy

According to the Urban Dictionary, “shady” means “to be very sneaky, suspect or to have an all around backstabbing personality.” LeSean McCoy’s nickname is, of course, “Shady.” Reportedly, LeSean’s mother starting calling him Shady due to his mood swings where he would one second be happy and laughing and the next second be upset and crying.

Based upon recent events, perhaps the former meaning might be more appropriate. This column isn’t, however, set to judge Mr. McCoy, but instead is designed to look a bit deeper into McCoy’s legal situation with an eye toward what might likely be in McCoy’s immediate and near-immediate future.

McCoy can run; that’s not in dispute. Last year, in what many considered a down year, McCoy gained 1,138 yards on the ground, caught 59 passes for another 448, and scored a total of 7 touchdowns. In 2016, McCoy ran for 1,267 yards, caught 50 for 356 yards, and scored 14 times. Over the past eight years, McCoy has averaged over 1180 yards on the ground, over 380 yards in the air, and more than nine touchdowns.

Yes, the RB is on the wrong side of 30, and yes the Bills are going to be horrendous, but this type of production is tough to find after the first 20 picks. Yet, McCoy’s NFFC ADP is 31. Clearly, something other than age and the Bills ineptitude is scaring off drafters.

McCoy is looking at potential assault and/or battery, and a number of other potential charges stemming from a July 10, 2018, home invasion by a masked intruder at a residence owned by McCoy but inhabited by McCoy’s on again/off again (and now apparently really off) girlfriend, Delicia Gordon.

Gordon was allegedly hit in the face a number of times with a firearm and suffered some significant facial injuries. Reportedly, the armed invader demanded jewelry from Gordon, the same jewelry that perhaps McCoy had unsuccessfully requested back from Gordon. There was no sign of forced entry into the alarmed home, and it appears as though that property was targeted. In July of 2017, the police had been called to that property to mediate a dispute between McCoy and Gordon, with Gordon reportedly being escorted out in handcuffs due to a failure to appear on a prior traffic warrant.

Putting two and two together, it certainly could appear that McCoy may have had something nefarious to do with the assault incident.

Adding two plus two, and speculating on McCoy’s involvement is far easier than presenting a viable case against the Running Back. To date, the masked intruder has not been identified. And while there is no physical evidence implicating McCoy, and there is no witness testimony from the masked intruder implicating McCoy. To date, and it’s been more than a month, and while police are still working on the case, they apparently have next to no admissible evidence implicating McCoy. Indeed, as far back as July 13, 2018, Gordon reportedly still “suspected” that McCoy “had something to do with” the violent assault, but she retreated from her earlier stance and indicated that she was no longer certain that McCoy had something to do with the incident. Nonetheless, Gordon filed a civil suit against her ex-partner.

It is clear that the Bills aren’t going to take any disciplinary action against McCoy. Bills general manager Brandon Beane spoke to the Associated Press on Tuesday in the team’s first public response since the lawsuit was filed. In mid-August,  Beane spoke with the Associated Press, referring to the civil lawsuit as a “Little Thing” and explaining that the team will focus on football. “Anything can become a distraction if you let it, but to this point, LeSean has done a great job, his teammates have done a great job,” he said. “Other than when this little thing came up yesterday, nobody’s talked about it. The focus here has been on football. And I expect that to continue as long as it’s an open investigation.”

With the Bills demurring, other than an arrest, all that is left is the NFL Commissioner’s Office to put McCoy on the Exempt List. The NFL Exempt List is a special player status available to clubs only in unusual circumstances. The List includes those players who have been declared by the Commissioner to be temporarily exempt from counting within the Active List limit. Only the Commissioner has the authority to place a player on the Exempt List; clubs have no such authority, and no exemption, regardless of circumstances, is automatic. The Commissioner also has the authority to determine in advance whether a player’s time on the Exempt List will be finite or will continue until the Commissioner deems the exemption should be lifted and the player returned to the Active List.

Players previously placed on the NFL Exempt list include Michael Vick (2009), Adrian Peterson (September 2016) and Josh Brown (October 2016). Of note, Ezekiel Elliott was not placed on such list.

This week, NFL spokesperson Brian McCarthy reported that “There has been no change in his [McCoy’s] status,” and McCoy was not being placed on the Exempt List. While the NFL’s personal conduct policy empowers the Commissioner to place a player on the list, the policy generally requires a formal charge of a violent crime. The policy does empower the commissioner to use the exempt list if he suspects that a player has used force to injure or threaten another person, or if the player has committed a sexual assault or has engaged in animal abuse.

As it’s been well over a month since the incident, and as the NFL has not moved at this time, and as the police have not moved at this time, it is getting increasingly less likely that McCoy’s season will be interrupted due to this incident. As a result, unless a smoking gun or new evidence is uncovered, McCoy will be around all season, taking a beating as the Bills’ bell cow back. Draft with confidence that while McCoy may taking a licking, he won’t be ruled exempt.

Best of luck. Don’t blink.

Buster

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