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Students see Hokie Bird charges reduced

Nine University students previously facing felony charges for involvement in the March abduction of a Hokie Bird statue in Blacksburg saw their charges reduced in court Friday.

According to the students' attorney, James Turk, all nine students appeared in court Friday, and the prosecutor made a motion to have the charges against the students be reduced from felony destruction of property to misdemeanor destruction of property.

"That motion was granted," Turk said. "The judge did not require any of the nine to enter any kind of plea."

According to Turk, Circuit Judge Ray Grubbs heard evidence from Ray Smoot and Bill Aden of the Blacksburg Partnership, a non-profit organization composed of university and community members that promotes the economic development of the area, according to the group's Web site.

"The two of them told Judge Grubbs about meeting with the young men and their families and [talked about] the service work that the boys had committed to the Blacksburg community," Turk said. "They were all satisfied that all of the young men had learned a very valuable lesson and asked that the charges be dismissed."

Turk said that the judge continued the charge for a period of one year, during which time each student must complete 200 hours of community service.

"Judge Grubbs' intent was to dismiss the charges at the end of one year provided they all do the community service," Turk said.

Turk also noted, however, that the judge said he would entertain requests to dismiss the charges before completion of the sentence.

All nine students involved in the incident were members of the Phi Society fraternity, but all involved claim this incident was not encouraged or endorsed by the fraternity.

"This was in no way condoned by the fraternity at all," said one of the students involved, who did not wish to be named. "They obviously regret that this incident happened just as we do; they have been very supportive of our efforts to make amends."

The student also noted that during the summer, each of the nine offenders spent a week in Blacksburg doing community service. According to him, they collected trash from city streets, cleaned, painted and did yardwork at the Blacksburg YMCA.

"We've tried to make some good come out of our unfortunate misjudgment, and we have developed a good relationship with the Blacksburg Partnership," he said. "We appreciate the opportunities they gave us to make amends."

According to Smoot, treasurer of the Blacksburg Partnership, his organization does not plan to continue to press charges against the students.

"The Blacksburg Partnership requested that the case be dismissed because the students have made full financial restitution and have voluntarily provided community service to the Blacksburg community," he said. "The court did not fully agree to our request, but I think the most significant aspect that we accomplished in court was the dismissal of the felony charge."

According to Turk, the case should have little to no permanent effects for the students, provided that they continue to perform community service.

"It should have no impact on them," he said. "They will have no conviction at all. I believe they will be in the position to have their records expunged or destroyed. I think it's a very favorable and fair resolution under the circumstances."

According to the anonymous student, all involved are pleased with Friday's decision.

"We're obviously very relieved that the charges were reduced, and hopefully this will permit us to pursue our futures and not be disadvantaged by our misjudgment," he said.

According to Aaron Laushway, director of fraternity and sorority life, the University is not planning to take action against either the individuals involved or their fraternity.

"I am unaware of any pending judicial action," he said. "The students came forward in a timely fashion, readily admitted their wrongdoing, made every effort to right the situation and have faced consequences in the courts"

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