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Based on reports that emerged yesterday about a June 2020 shootout at the home of NFL agent Damarius Bilbo, there is definitely a bit of smoke when it comes to the potential involvement of Dolphins’ cornerback, Xavien Howard. If the NFL joined the authorities in the search for fire, the NFL is not saying that.
“We will decline comments,” league spokesman Brian McCarthy said in an email on Sunday morning to PFT about the situation.
According to the Personal Conduct Policy, the league has broad authority to investigate and discipline players who have committed one or more types of misbehavior off the field. Obviously, potential involvement in a shootout falls within the conduct prohibited by the policy.
While the Miami Herald reported on Saturday night, Howard declined to be interviewed by the Georgian police investigating the incident. Unless and until he goes to Georgia (the Dolphins host the Falcons this year), the authorities there will have a difficult time forcing an interview. Even if they manage to get Howard into a room, he can always claim his Fifth Amendment rights against self-incrimination.
In contrast, the NFL has the power to force Howard to appear and speak, with discipline as the lever to enforce compliance. Consider this part of the Personal Conduct Policy: “Since the Fifth Amendment’s protection against self-incrimination does not apply to an investigation in the workplace, the league reserves the right to compel a player to cooperate in its investigations, even when it is subject of an investigation pending or police process. A player’s refusal to speak to a league investigator under such circumstances will not prevent an investigation process or the imposition of discipline.
Although the league is not commenting, this seems like a no-brainer. The league must either send an investigator to Florida or demand that Howard go to New York for an interview. The league must also require Howard to instruct his lawyers to produce any reports or other records received from the Georgian police regarding the investigation, so that the league has a more complete picture before speaking to Howard.
There is another interesting angle regarding notification to the league office. When, if ever, did Howard report the investigation to the Dolphins? When, if ever, did the Dolphins share this information with the league? Again, the policy: “Clubs and players are required to immediately report any matter that comes to their attention (through, for example, reports of victims or witnesses, law enforcement, civil litigation or media reports) that constitute a violation of this Policy. Clubs are expected to instruct their employees about this reporting obligation. . . . Failure to report an incident will be grounds for disciplinary action. This reporting obligation is broader than simply reporting an arrest; requires reporting to the league any incident that draws the attention of the club or player that, if the allegations were true, would constitute a violation of the Policy. “
From here, the incident report, as reinforced by the Herald’s Saturday night report, makes it clear that Georgia officials believe there is a reason to speak to Howard about this unresolved shooting at the home of an NFL agent. There is no reason for the NFL to look the other way, and all the reasons for the NFL to use its employment advantage over Howard to get him talking.