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Former Brookfield Central basketball player enters plea deal for drug charges

admin — Tue, 28 Apr 2020 08:44:45 +0000

BROOKFIELD, Wis. (CBS 58) — Former Brookfield Central High School basketball player Gage Malensek entered a plea agreement Monday, Feb. 24.

He pleaded guilty to two felony drug charges, and six other felonies and misdemeanors were dropped.

Police say Malensek sold marijuana and THC vape cartridges to undercover officers and gave items to another boy to sell.

Malensek will return to court for sentencing on March 20.

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Plea deal: Former CovCath basketball player pleads guilty to rape, sexual abuse charges

admin — Mon, 20 Jan 2020 04:46:55 +0000

The former CovCath basketball player was arrested in May. (Photo: Fox19 NOW)

A negotiated guilty plea deal by a former Covington Catholic High School basketball player will enable the victims, four teenage girls, to avoid the publicity of a trial.

Joseph Eubank pleaded guilty in court Wednesday to one count of rape and three sex abuse charges.

The 17-year-old was charged as an adult in the rape of a teenage girl and sex abuse of three others. He was indicted Nov. 7, 2018, according to court documents.

“Avoiding publicity that inevitably surrounds a case like this was very important to some of our victims, but I don’t think anyone in their right mind would look forward to testifying in open court about events that are so painful,” said Kenton County Commonwealth’s Attorney Rob Sanders of the plea deal.

Sanders said that each of the four charges pertains to a different victim. Each of those victims, he said, are teenage girls.

The indictment states the incidents occurred on or between Feb. 1, 2017, and March 31, 2019. Eubank was 14-to-16 years old at the time, Sanders said.

“There are no winners in this case,” Sanders said. “A young man is going to jail for a very long time and several young women are going to be dealing with the emotional scars of his crimes for the rest of their lives.”

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The terms of the plea deal are that Eubank will be sentenced to 25 years in prison. The sentence is based upon 10 years on the rape charge and five years on each of the three sex abuse charges.

Sanders said he will be eligible for parole after 8.5 years in prison.

The lengthy prison sentence is deserved because of the number of victims and the defendant’s conduct, Sanders said

“It was done after extensive consultation with the victims in the case and spares the victims from testifying in an open courtroom and brings a quick resolution to the matter,” Sanders said of the plea deal.

Kenton Circuit Court Judge Gregory M. Bartlett will have formal sentencing March 23 after a sex offender evaluation is conducted, Sanders said.

The guilty plea shows victims in sex abuse cases can confidently decide to come forward, he said.

“They will be taken seriously and we will fight for justice on their behalf,”

Fox19 NOW contributed to this story.

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Ex-MSU football player plea deal highlights archaic

admin — Fri, 06 Apr 2018 16:41:30 +0000

LANSING, MI – Three former MSU football players charged with criminal sexual conduct pleaded down to a lesser charge of “seduction” on Wednesday, leaving even some legal experts asking: what’s that?

It’s an old law on Michigan’s books that states, “Any man who shall seduce and debauch any unmarried woman shall be guilty of a felony,” punishable by 5 years in prison and/or a fine of $2,500. Versions of it have been on the books since 1846, and it hasn’t been updated since 1931.

But the Ingham County Prosecutor’s Office dusted off the outmoded statute on Wednesday in a plea deal for ex-MSU football players Josh King, Donnie Corley and Demetric Vance. Each pleaded to seduction, and King to an additional felony charge of surveilling an unclothed person. They had initially faced criminal sexual conduct charges.

Three former Michigan State football players reach pleas in sexual assault case, may avoid jail time

On top of being old, the use of the this law is rare.

“In my almost 30 years as a lawyer and my 15 years as a prosecutor I never once prosecuted a seduction case,” said Lisa Halushka, assistant dean and professor at Western Michigan University Cooley Law School.

It’s “outdated,” she said, and she’s not the only one who thinks so.

Ingham County Prosecutor Carol Siemon in a statement issued after the hearing acknowledged the law was “archaic.”

“The use of ‘seducing and debauching an unmarried female’ as a plea is one that prosecutors have used consistently, but infrequently in the State of Michigan. The law itself is archaic and while the statute itself is valid, it certainly was originally enacted in a bygone era,” Siemon said.

“The plea to seduction is a tool that we have as prosecutors, but it is an imperfect tool. It allows the criminal justice system to acknowledge the victim, and it provides an incentive for that offender to plea, in particular because it’s not an offense that requires that they register as a sex offender.”

The Prosecuting Attorneys Association of Michigan does not have statistical information about the use of that statute, according to Director of Public Affairs KC Steckelberg.

Before its use on Wednesday, the law had caught the attention of websites that compile strange laws, as well as some Michigan attorneys.

Attorney Evan Chall, with Farmington Hills-based Wright Beamer, included it in a 2015 list of “Michigan laws that might surprise you” on the firm’s blog.

He’s not a criminal attorney but ran a search and was unable to locate any recent published cases involving it.

“I’m actually surprised to learn that there’s a case involving a plea bargain under this particular statute. I think there are some constitutional questions surrounding this statute; however, those questions are unlikely to be resolved in the present context, since the parties have apparently agreed upon its application,” Chall said.

The law’s existence also wasn’t a surprise to Kahryn Riley, director of the Mackinac Center for Public Policy’s criminal justice policy initiative. She reviews Michigan laws for what she calls “overcriminalization.” As of the center’s 2015 review there are 3,100 laws on the list, along with a slew of regulatory rules.

It’s led to a situation where, “you’ve got more offenses than the government could reasonably enforce, and you’ve got more laws on the books than citizens could reasonably follow,” she said.

Michigan has so many crimes, you may not know you’re committing one

Rep. Peter Lucido, R-Shelby Twp., is a member of the Michigan Law Revision Commission, a group charged with cleaning up the old laws on Michigan’s books. The legislature has repealed other old-timey laws, but this specific seduction charge is new to him.

“I’ve never heard of the crime. I’ve done criminal law for 30 years,” Lucido said.

Lucido said the Michigan Law Revision Commission hadn’t had that law brought up. But it strikes him as being similar to other crimes he has heard of, like adultery.

“Why have old laws on the books that you’re never going to enforce?” He said.

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King, Corley, Vance reach plea deal, may avoid jail time in sexual assault cases

admin — Wed, 04 Apr 2018 15:06:50 +0000

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Josh King, Donnie Corley and Demetric Vance each face sexual assault charges stemming from an incident during a party at a campus apartment in January.(Photo: Lansing State Journal file photos)Buy Photo

LANSING – Three former MSU football players accused of sexually assaulting a female student during a party pleaded guilty to lesser charges of seduction as part of an agreement with prosecutors.

Josh King, Donnie Corley and Demetric Vance each faced sexual assault charges stemming from an incident during a party at a campus apartment in January 2017. They were charged in June and dismissed from the football team.

The agreement, made public in a hearing before Ingham County Circuit Judge Rosemarie Aquilina this morning, calls for all three to have no up-front jail time.

Their court records also would become non-public under a Michigan law that allows judges to close the records of young offenders as long as they meet the terms of their agreement and do not commit any future offenses. Aquilina said during the hearing that she was granting Holmes Youthful Trainee status to all three.

They can withdraw their guilty pleas if Aquilina includes jail time in their sentences, which are scheduled to be set in a hearing at 8:30 a.m. on June 6.

Ingham County Assistant Prosecutor Steve Kwasnik said the victim had been consulted and approved of the terms of the plea agreements.

Shannon Smith, King’s attorney, declined to comment. Attorneys for the other two players couldn’t be reached for comment immediately following the plea hearing.

The seduction charge is a felony with a maximum sentence of up to five years in prison. It involves seducing an unmarried woman for sexual acts.

Under the agreement, King, of Darien, Illinois, also pleaded guilty to a charge of surveilling an unclothed person. He originally faced the most serious charges: one count of first-degree criminal sexual conduct and one count of third-degree criminal sexual conduct, and capturing an image of an unclothed person. He faced up to life in prison if convicted.

Corley and Vance both of Detroit, had been charged with third-degree criminal sexual conduct. They each faced up to 15 years in prison if convicted.

Michigan State University Police said at a hearing that led to the charges that the victim reported King invited her to “speak somewhere quiet,” then “pulled” her into a bathroom and forced her to perform oral and vaginal sex; Corley and Vance were each accused of later forcing her to perform oral sex.

Police also allege that King recorded himself having sex with the woman.

The former players, who had been suspended from the team during the police investigation, were dismissed from the football team after they were charged in June. They were also dismissed from MSU following university Title IX investigations.

A fourth former player, 20-year-old defensive end Auston Robertson, awaits trial on two counts of third-degree criminal sexual conduct in connection with a separate incident.

Check back for updates.

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.

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Attorney: Plea deal in works for teen accused in Hamilton assault case

admin — Sat, 03 Feb 2018 02:02:00 +0000

The Maricopa County Attorney’s Office said it filed criminal charges on March 30, 2017, against three football players for incidents based on a Chandler police investigation of hazing at Hamilton High School.(Photo: Diego Mendoza-Moyers/The Republic)

A criminal case against a teenager charged as an adult in connection with a sexual-assault investigation involving Hamilton High School football players is expected to be resolved this spring, the teen’s lawyer said Friday.

At a court hearing, Cindy Castillo told Maricopa County Superior Court Judge Danielle Viola that a settlement conference hearing should be scheduled sometime in April for her client to enter a plea deal.

Details of the potential plea deal were not discussed during the Friday hearing.

Nathaniel Thomas, a former Hamilton football player charged as an adult in the case, is out on bond under terms that he does not access the internet except for educational purposes.

Nathaniel William Thomas. (Photo: Maricopa County Sheriff’s Office)

Thomas is charged with nine counts, including aggravated assault, sexual assault, kidnapping and child molestation. He was 17 when arrested last year, but the Maricopa County Attorney’s Office charged him as an adult.

The case, which has been under investigation by the Chandler Police Department, sent shock waves through the Chandler school and rocked a football program that has been among the state’s most successful over the past 15 years.

Three school officials, including the principal and head football coach, were removed from their jobs. Chandler police have recommended charges against them as well, saying they had known about ongoing reports of sexual abuse of younger boys in the football program by older team members, but failed to report them to proper authorities, instead opting to handle it in-house.

Friday’s court hearing came after the cases against two other boys charged in connection with the case were resolved, according to officials. The two 16-year-old former players had been charged with kidnapping, assault and aggravated assault. Those cases were being handled in Juvenile Court.

The details of the resolved cases have not been disclosed because the judge in those cases has sealed the records at the request of the boys’ lawyers.

In December, The Arizona Republic asked the judge in the case if the details of the outcome could be made public. But the judge hasn’t responded to the request.

In July, Chandler police recommended charging Principal Ken James, Athletic Director Shawn Rustad and former head football coach Steve Belles with child abuse and failing to report the alleged sexual abuse of five players suspected of being assaulted by fellow teammates in a hazing initiation.

The three were reassigned in September.

The County Attorney’s Office has been reviewing the case and has yet to say whether they will be formally charged.

READ MORE:

How a single email launched football hazing investigation that led to assault charges

3 Hamilton High School football players charged after hazing investigation

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Ex-Rutgers football player cuts deal for 15 year sentence in home invasions

admin — Tue, 09 Jan 2018 13:55:07 +0000

The former Rutgers football player charged in a series of home invasion and armed robberies has cut a deal that calls for 15 year state prison sentence.

Former Rutgers football player Tejay Johnson appears in Superior Court in New Brunswick on June 30, 2017.Patti Sapone | NJ Advance Media for NJ.com

Tejay Johnson, 26, of Egg Harbor Township, admitted to his role in the robberies, during which the group stole cash and drugs, sometimes at gunpoint, Middlesex County Prosecutor Andrew Carey said in a release.

Johnson pleaded guilty last week before Superior Court Judge Dennis Nieves to three counts of armed robbery, three counts of armed burglary and three counts of conspiracy to commit armed robbery, authorities said.

The former Scarlett Knight football player was charged along with 14 other former university players and students in 2015 as part of an investigation into three armed robberies and an assault in New Brunswick in Piscataway.

The case, which included seven Rutgers football players, contributed to the firing of former coach Kyle Flood, as well as the forced resignation of athletic director Julie Hermann.

Johnson rejected the same plea deal last July. Jury selection was scheduled to begin Tuesday in Johnson’s case.

The deal calls for the dismissal of charges connected to an assault on Delafield Street in 2015 over a parking spot, authorities said.

Johnson will have to serve 85 percent of his sentence before being eligible for parole.

Attorneys sparred for months of the use of Johnson’s cell phone as evidence in the case. The phone allegedly contained a trove of information connecting those charged in the robberies, according to prosecutors.

Nieves ruled in June that the data on Johnson’s cell phone would be admissible at trial.

Andre Boggs, of Coatesville, Pennsylvania, and Lloyd Terry Jr., of Wrightstown, both former football players, were also charged in the string of robberies, however, their attorneys last year had asked for delays until Johnson’s case had been resolved.

Kaylanna Ricks, who was accused of being the getaway driver in an unsuccessful robbery, previously rejected a plea deal requiring her to testify in the case against Johnson.

The current statuses of their cases were not immediately available.

Another ex-football player, Jamil C. Pollard, 23, of Woodbury, admitted last year to his role in breaking into a Davidson Hall dorm room on the Busch Campus on Dec. 14, 2014, and swiping marijuana and cash from the student.

Craig McCarthy may be reached at 732-372-2078 or at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.

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