Felony charges against 13 Cajuns reduced, may be dropped

Tim Buckley | The Daily Advertiser

Show Caption Hide Caption Charges reduced against UL football players Felony theft charges against 13 Ragin' Cajun football players have been reduced to criminal mischief, a misdemeanor.

Thirteen University of Louisiana at Lafayette football players recently arrested for conspiracy to commit felony theft have had the charges against them reduced to criminal mischief, a misdemeanor.

According to court records obtained Friday, the state of Louisiana, through the office of the District Attorney for the 15th Judicial District, requested that the case be continued without date upon the defendants entering a pre-trial diversion program.

The motion was granted by the court Wednesday.

That means all 13 — plus two other Ragin’ Cajun football players originally charged with a misdemeanor in the case, Lawyer Davis and Vincent Thomas — can have the charges against them dropped upon completion of community service, drug testing and other intervention program requirements.

"We are relieved that this issue is nearing closure," UL head football coach Mark Hudspeth said in a statement released by the school. "These young men have learned and will continue to learn from this tremendous life lesson. We will continue to be respectful of the legal process as it runs its course."

District Attorney Keith Stutes said late Friday afternoon that he reviewed a UL Lafayette Police Department report on the case and discussed it with the department.

The 13 originally charged with a felony, since reduced, were Robert Hunt, D’Aquin Withrow, Matthew Barnes, Denarius Howard, Trey Ragas, Jordan Wright, Joe Dillon, Jarvis Jeffries, LaDarrius Kidd, Terik Miller, Damar’ren Mitchell, Levarious Varnado and Simeon Thomas.

They were arrested April 25, following an investigation that produced video evidence of an occurrence at Huger Hall on campus.

"I think the decision to charge the gentlemen with the crime of criminal mischief fit that particular crime more accurately, or more adequately, than it did the felony count," Stutes told The Daily Advertiser.

"There was probable cause to believe that that felony count might be appropriate," he said, "but I felt that the whole concept of pre-trial intervention was to charge them with what was appropriate."

More: Hudspeth, Maggard respond to 13 UL football players' felony charges

Criminal mischief, in Louisiana, is defined as "tampering with any property of another, without the consent of the owner, with the intent to interfere with the free enjoyment of any rights of anyone thereto, or with the intent to deprive anyone entitled thereto of the full use of the property."

"It fit specifically what I believe criminal mischief is defined to be," the district attorney said of what allegedly happened.

That determination was made upon a closer, more-detailed review, he suggested.

Stutes said he did not get into "the mindset of the details" and didn't determine a motive, but that he instead looked "specifically at what the police generated in way of what occurred."

"The background, the why, I did not delve, and did not feel it necessary to delve, into for those motives," he said.

Stutes said that after his review it was determined that all 15 were qualified for, and would be invited into, diversion program designed to give them "an opportunity to redeem themselves."

All 15 accepted the invitation, according to Stutes.

Related: Mom of UL football theft victim: My son won't drop charges

Without pre-trial intervention, criminal mischief is subject to a fine of not more than $500, imprisonment for not more than six months in parish jail, or both.

The victim in the case — according to his mother, Sheila Bae-Cross, who reported the incident — is Artez Williams, a UL football player last season who was kicked off the team earlier this year, shortly before his arrest on a charge of second-degree rape.

Williams’ possessions allegedly were removed from his room by the 13 ex-teammates April 5, hours after his arrest.

Among the items allegedly stolen, according to a ULPD property report: An Xbox game system, the Xbox games Grand Theft Auto V and Metal Gear, one LG television, a gold chain, an Aeropostale watch, three pairs of Jordan shoes, two pairs of Adidas shoes, a Nike backpack, four pairs of boxers, eight-and-a-half pairs of socks, three coats, three dollar bills, a Ragin’ Cajuns hat, a ski cap, one pair of jeans, one belt, a training speed ladder, a toenail clipper and one bottle of hair lotion.

The items had a reported value of $2,400 and were recovered, according to an initial arrest report from the ULPD.

Williams was in jail at the time of the alleged burglary, according to Bae-Cross. He currently is out on bond.

The rape case remains under investigation, and the district attorney's office is awaiting a complete investigative report on it. Once it is received, the office will be a position to decide what, if any, charges actually will be pursued.

Williams on Friday responded to a request for comment on the reduced charges for his ex-teammates in the criminal mischief matter.

"They know what they did," he said by phone from his hometown of Greenwood, Mississippi.

"It wasn't no prank or nothing," Williams added.

More: Who they are: 13 Cajuns charged with felony