Charges Dismissed Against 4 of 6 Penn State Players In Fracas

Enough evidence for Anthony Scirrotto's case to go to trial

May 4, 2007
BELLEFONTE, Pa. (AP) - Charges were dismissed against four of six Penn State football players involved in an off-campus fracas, but the judge ruled there was enough evidence against two players to order them to stand trial.

Standout starting cornerback Justin King of Pittsburgh had been charged with criminal trespass, disorderly conduct and harassment, but prosecutors said at the start of a preliminary hearing Friday that they were dropping him from the case due to lack of evidence.

District Judge Carmine Prestia dismissed identical charges against Lydell Sargeant, Tyrell Sales, and Jerome Hayes at the end of the eight-hour hearing, also citing a lack of evidence.

Prestia ruled there was enough evidence against starting safety Anthony Scirrotto to send his case to trial. Assistant District Attorney Steve Sloane called Scirrotto "the first lynchpin of responsibility" for the April 1 apartment fight that sent two people to the hospital.

Prestia also ordered Chris Baker to stand trial on charges of burglary, criminal trespass, simple assault and harassment, but dropped charges of criminal mischief and disorderly conduct.

Bernd Imle Jr., who attended the party, testified that he saw the five others charged by police at the apartment. Imle said he and two friends had run into Scirrotto and his girlfriend on his way to the party, and Imle's friends and Scirrotto began arguing after the girlfriend spit on the street.

There was some pushing and shoving, and Scirrotto repeatedly said that he was a football player and would call his teammates, Imle testified.

"In truth, if Mr. Scirrotto didn't do what he did, then none of these kids would be here," Sloane said. "This one person and one stupid mistake ... has caused more problems than he thought he possibly could have caused."

Imle said he then went to the party, and a short time later a group of men arrived. Baker, a defensive lineman, started punching him, and two other players, Sargeant and Hayes, surrounded him, Imle said.

"I was thrown over a couch. I tried getting up but I was punched a couple more times," Imle said.

Scirrotto and Baker are scheduled for a formal arraignment within 30 days, and a trial date would likely be scheduled in early August - about the time that Penn State begins football practice.

Scirrotto's attorney, Roy Lisko, argued that what occurred in the apartment after the street confrontation was the result of a "pack mentality," and he said there was no evidence that his client harmed anyone.

Imle also testified that he saw another defendant, Sales, at the apartment.

But in dropping the charges against Hayes, Sales and Sargeant, Prestia said "They were there, but charges against them are weak at best."

Another witness, Penn State student Thomas Walsh, also testified that he saw Baker inside the apartment punching someone.

Two of the apartment's tenants said King was inside but not a participant in the melee. Defense attorney Ron McGlaughlin said King, one of the most recognizable players on the team, cooperated fully with police.

McGlaughlin, King's attorney, said outside court that his client was only trying to keep peace and pull people out.

Police have said a group of men, including the five players charged and King, rushed into the apartment shortly after midnight and a melee ensued.

Some victims were punched, one was hit in the head with a beer bottle and knocked unconscious, and another was punched and kicked in the face, authorities said. At least five students were struck during the fight and at least two of those needed treatment at a hospital, authorities said.

"No one knew who they were or why they would start a fight," said Penn State student Larry Himes, who lived in the apartment.

Authorities are still trying to find out if others were involved in hurting victims in the apartment, Sloane said.

Scirrotto and King are key members of a secondary that could be one of the best in the Big Ten in 2007. Scirrotto led the conference in interceptions last year, while the speedy King can blanket opposing receivers.

Hayes and Sales could be in the running to start at linebacker, as well as Sargeant at cornerback. Baker was expected to help replenish depth on a defensive line that lost three starters.