Charges Dropped Against Two Students
November 19, 2009 • By Ford Prior, Contributing Writer
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Junior Football Player Markus Hunter and Sophomore Connor Long Were Charged With Felonious Assault and Malicious Wounding
HARRISONBURG, Va. — All charges from a fight involving at least three JMU students were dismissed Wednesday in Rockingham County District Court after a closed-door agreement between prosecutors and defense attorneys.
Counts of felonious assault and malicious wounding by mob were dropped for junior Markus W. Hunter, 20, of High Point, N.C., and sophomore Connor Long, 19, of Newtown, Penn. In exchange, they agreed to split restitution and the victim’s medical bills.
“I feel like all this was just a big misunderstanding,” said Hunter, a tailback currently suspended from JMU’s football team. “What they charged us with was really ridiculous… We were just defending ourselves.”
Another JMU student, Colin Fitz-Maurice, 20, of Newtown, Penn., was cleared of charges of felonious assault and malicious wounding by mob Oct. 28.
However, according to Anthony Bailey, assistant Commonwealth attorney, both parties agreed to share the blame for the Sept. 18 fight outside the Exxon on Port Republic Road.
“The thing that I would say is that this is a perfect example of a situation where both the parties had some responsibility in the situation escalating,” Bailey said. The prosecution and defense “felt that they all had a role in escalating what was a mere verbal conflict into a physical altercation where someone was seriously injured.”
While Bailey planned to reduce Long’s and Hunter’s felony charges to misdemeanor assault and battery, he sought to press new felony charges against an alleged fourth JMU student involved. This was not pursued since the other charges were dropped.
“I think truthfully the reason all of us reached the agreement, is that none of us really know if they were guilty,” Bailey said.
Dave Parker, Long’s attorney, was not surprised by the dropped charges.
“I was expecting it, because I knew the facts of the case so much, but it’s always a good result when justice is done,” Parker said.
After a season of suspension from all football-related activities, Hunter hopes to return to the team.
“I’m excited to get back to playing football, hopefully, if the coach lets me come back,” he said.
Football coach Mickey Matthews would not comment when notified of the conclusion.
Contact Ford Prior at priorww@jmu.edu.
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Justice was done when all charges were dropped, period.
This entire episode was created by the absurdly drunk kid who picked a fight with a bunch of inoccent bystanders, who objected to his belligerent behavior fueled by at least 10-12 shots of vodka right before the incident, and when he threw his girlfriend to the ground, charged into 3 fairly large dudes, and suckered punched my son.
Justice then took a turn , which all you at JMU should pay attention to.
Three days in jail… huge expense to get out and get legal representation,.
Incalcuable damage to my son”s, Colin and Marcus” reputation–because you are assumed gulity, not innocent in the current state of our Criminal Justice System
( think Duke and Hofstra for recent examples)
We had 5 eyswitnesses in Court that could have easlily assuaged Tony Bailey’s confusion about who was complicant or not….They also contacted the Police Dept immediatetly after the incident— let me remind all of you— Three of your peers were charged and detained for 3 days on life-changing Felony charges!
The Police work on this was worse than a third-world nation—they did not take statements from anyone that contested their original theory cooked up up by the drunk idiot that started all of it and his girlfriend. Great job Harrisonburg Police
As far as a backrooom deal referred to in this article, you in the next best generattion should be aware that expediency trumps the truth in every courtroom.
These 3 guys were screwed by the “system” –thank God they had the support of eyewitnesses shocked by the injustice, and the support of others to fight this travesty of “Justice”..or they would still be in jail.. .Innocent of all charges
I’d like to echo Jim Long’s sentiments, which are right on the money!
Let there be no confusion here about why these charges were thrown out. Mr. Bailey had no legs to stand on - period! He had nothing and if the case had proceeded to trial it would have brought embarrassment to the Rockingham police department and judicial system.
As Mr. Long stated there were multiple eye witnesses that were in disbelief and outraged by the arrest and charges. They were prepared and very anxious to testify on behalf of the boys to set the record straight. The day after the incident two of the eye witnesses called the arresting officer multiple times to express their outrage and make an official statement. Although they requested a return phone call and left their cell phone numbers, they never received a returned call. Was the real truth, fairness and justice ever a consideration?!
My son was not involved even verbally in the incident. The girlfriend of the so called “victim” told the police at the scene that my son had no involvement. This was corroborated by the so called victim himself and the girlfriend on Nov.18th in court when my son’s charges were thrown out. Despite the facts stated above the arresting officer arrested my son and charged him with two FELONIES! FELONIES!
My son and my entire family are still having a hard time reconciling how this could happen in America!
Everything stated by myself and Mr. Long is not just biased, emotional opinion. It is irrefutable fact!
Just a couple more irrefutable facts:
FACT: The so called “victim” is a high school student and was belligerently drunk.
FACT: In the police report the police officer notes the incoherence of the so called “victim” - yet he was never charged.
FACT: In the police report the attending nurse recognized his intoxication and informed the assisting police officer…never charged
FACT:Despite the fact that he provoked the entire incident (as would have been corroborated in court by eye witnesses as well as his own girlfriend’s best friend!) He was not charged with underage drinking or in any way ever considered as culpable in this incident.
I”ll protect the privacy of the eyewitness but I’d like to publically thank them for being such good people and stand-up citizens. They sacrificed personal time and expence to help set this outragous injustice right. Their parents should be very proud.
BE AWARE JMU STUDENTS - THIS COULD HAPPEN TO YOU!
Mr. Long’s comments should be placed on the front page of your newspaper not buried here in the epaper comments!
This is ridiculous. Regardless of your “FACTS”, the boys still should have known the difference between right and wrong. Period. I understand there was alcohol involved and that the young man who provoked the incident was WAY underage, but, JMU students are of a higher calibre person than the boys showed. I am glad the charges were dropped, since they were ‘innocent’, as you say…but really? JMU IS SO MUCH BETTER THAN WHAT WAS EXHIBITED! They all need to raise their levels.