The Commonwealth Attorney dropped felony charges against three Virginia football players during a preliminary hearing yesterday.
The judge dismissed all charges against redshirt sophomore linebacker Ausar Walcott, as well as two counts of assault and battery by mob against sophomore center Mike Price and redshirt sophomore cornerback Devin Wallace. Price and Wallace agreed to a deferred disposition for the final misdemeanor assault charge.
Price's attorney, William Helsley, described the deferred disposition as a compromise.
"The client pled guilty and is going to pay the [victim's] medical bills, but the charges are going to be dismissed," Helsley said.
In one year, Price and Wallace will reappear before the court. Helsley said pending good behavior during the next 12 months, they'll end up with no record.
The charges against Price, Wallace and Walcott stemmed from a Jan. 30 incident at James Madison University. The three players were arrested and charged with felony burglary-entering a dwelling with the intent to commit an assault Feb. 8.
According to Walcott's attorney, Gene Hart, however, "the felony charges were never discussed, as the prosecutor immediately made a motion to issue a nolle prosecui."
Nolle prosecui means the prosecutor will proceed no further with the case, dropping the charges against the defendant.
The prosecution called Patrick Seymour, a James Madison student who testified that he and friends shouted a slight variation of a racial expletive from a balcony, prompting Price, Wallace and Walcott to approach the party, Hart said.
Hart said those on the balcony were not the victims of assault, however. Nathan Yowell, 20, and his brother Logan Yowell, then 17, testified they had left the party before encountering Price and Wallace on the stairs outside the apartment. The Yowells sustained injuries during a confrontation with Price and Wallace, leading to the charges against the two players. Seymour and the Yowells did not immediately respond to email messages seeking comment for this story.
After the Yowells' testimony, the commonwealth had planned to present Greg Hail of the Harrisonburg Police Department, who was expected to testify to the statements made by each defendant upon their apprehension. To establish the original charge of assault and battery by mob, however, each statement presented in court must apply to all parties charged. To make each defendant's individual statement admissible, the prosecution moved to amend the charges from assault and battery by mob to simple assault and battery.
Once the judge granted the motion to amend, he dismissed the remaining three charges against Walcott.
"Even using the statements provided by law enforcement, there was no evidence that [Walcott] did anything wrong," Hart said. The charges were dismissed on "a first motion strike, meaning we didn't even have to undertake to present evidence."
At that point, Price and Wallace agreed to a deferred disposition, entering guilty pleas based on the evidence. Price agreed to pay up to $7,100 in restitution for Nathan Yowell's hospital bills. Wallace did not have to pay a fine, because Logan Yowell's injuries did not result in medical expenses. The two will appear again in court April 3, 2012, and the charges against them may be dismissed and their guilty pleas erased at that date.
Although the case has reached a conclusion, Virginia football coach Mike London was not ready to end the player's suspension.
"I don't have any comment regarding the court's actions today because there is still a process these individuals need to complete with the University," London said in a statement.
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