STATE COLLEGE, Pa. -- Penn State quarterback Rashard Casey
was cleared Tuesday of a charge he beat an off-duty police officer
unconscious outside a New Jersey bar.
Casey and high school teammate Desmond Miller were charged in
May with aggravated assault on Patrick D. Fitzsimmons as the
officer left a bar in Hoboken, N.J.
Ed DeFazio, deputy first assistant prosecutor for Hudson County,
N.J., said the grand jury did not find probable cause to return an
indictment against Casey, but returned an assault charge against
Miller.
A message left for Miller's lawyer, Alfonso Robinson III, was
not immediately returned Tuesday night.
The grand jury's action ends the case against Casey, although
the quarterback could be called as a witness against Miller,
DeFazio said.
Last week, several newspapers reported that Casey had been
indicted by the grand jury. Prosecutors said at the time they could
not comment until the grand jury had completed its business.
"Virtually every newspaper in the state erroneously reported
last week that Mr. Casey had been indicted," Penn State president
Graham B. Spanier said. "Shame on the news media for their
atrocious handling of this story."
Casey's lawyer, Dennis D. McAlevy, said he had not yet been able
to tell his client the news because Casey was at practice.
"He never hit anybody," McAlevy said. "There's no question in
my mind that the chief of police of Hoboken knew that, and he's the
reason that this happened."
Chief Carmen LaBruno was "somewhat surprised" at the grand
jury, but said, "I must respect that decision."
LaBruno said three eyewitnesses said they saw Casey hit the
officer, who is not yet ready to return to duty.
McAlevy praised the grand jury.
"They looked at five days of testimony and rewarded my faith in
Rashard, and Joe Paterno's faith in Rashard," McAlevy said,
referring to the Penn State coach.
Jeff Nelson, Penn State sports information director, said
neither Casey nor Paterno would comment.
Two weeks ago, Paterno said he thought Casey was innocent and
that the case would not affect Casey's standing with the team.
"I honestly have gone with the premise that I think Rashard
didn't do it," Paterno said at the time. "I honestly believe he
didn't do it."
McAlevy said they will fight a lawsuit against Casey by
Fitzsimmons, who seeks an unspecified amount of money as
compensation for "severe and painful injuries."
Police said Casey punched Fitzsimmons, and that Casey and Miller
kicked Fitzsimmons repeatedly in the head after he left a bar on
May 14. Police said the men were angry that Fitzsimmons, who is
white, left the bar with a black woman.
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