Police request assault charges against 3 De La Salle football players in hazing incident

By Tresa Baldas | Free Press Staff Writer

Show Caption Hide Caption Macomb County prosecutor discusses recusal in hazing case Macomb County Prosecutor Eric Smith discusses why his office recused itself from a hazing case involving football players at Warren De La Salle.

Police are requesting assault and battery charges be filed against three Warren De La Salle football players accused in a hazing scandal that abruptly ended the championship team’s season last week.

According to multiple sources, the players are accused of holding an athlete facedown on the floor, while another sexually taunted and prodded him with a broomstick, though there was no penetration. The alleged victim is not talking to police and does not want charges filed, authorities said.

In addition to police submitting warrant recommendations to the prosecutor’s office, police also received new information on Friday from a parent who alleges there are more football hazing victims out there, but that they are afraid to speak.

Warren Police Commissioner Bill Dwyer said he received an email from a concerned parent Friday morning stating: “Not all victims, especially from last year, have shared their traumatic experience.”

Dwyer said the information could lead to more police interviews, but that for now, police are recommending charges against three players: two seniors, one junior.

“We submitted warrant recommendations on three individuals to the Macomb County Prosecutor’s Office,” Dwyer told the Free Press on Friday morning.

Macomb County Prosecutor Eric Smith issued a statement Friday afternoon saying he would refer the case to another county because of a conflict of interest.

"As previously disclosed to the Warren Police, one of our Senior Assistant Prosecutors is potentially a material witness in this matter, creating a conflict that precludes us from making the necessary charging decisions on this case," Smith stated. "Therefore, to avoid any appearance of impropriety our office will request that another county prosecuting attorney’s office review this matter."

According to Smith, three students were suspended over an alleged hazing incident that occurred on Oct. 10, but the victim won't talk to police.

"Many statements have been made in the media regarding young men that could be potential victims in this case," Smith stated. "The warrant request provided to our office states that the only alleged victim to this particular incident 'Does not wish to further charges and has declined to be interviewed by law enforcement.' ”

Smith said he cannot comment on specifics of the case.

However, it was Smith who disclosed that the one victim wouldn't talk and doesn't want charges. Moreover, he said: "In general, on any assault and battery crime — other than domestic violence — you need an actual victim to come forward and say that they were in fear and they did not give the OK to be in the situation they were in," Smith told the Free Press. "So, while I can't say what that means to this case ... I can tell you in general (that) if we ever got a warrant request from a police department ... and they were requesting assault and battery, and they said they did not interview the alleged victim and the alleged victim does not wish to go forward — well, that would normally be the end of the case right there."

Smith added: "If we don't have a victim on an assault and battery case, you don't have an assault and battery case."

Legal experts, including defense attorneys who have represented defendants in assault cases without victims testifying, disagree. They said these cases can be tried using only witness testimony — in this case, other football players who witnessed the locker room hazing.

"They'd have to testify not only to the assault, but they'd have to be in a position to testify that it was not consented to," said Bill Swor, a vice president of the American Board of Criminal Lawyers. "If the witness said, 'he said no, please don’t do this,' then it might fit into a hearsay objection."

But the case could still proceed with just eyewitness testimony, said Swor, noting that while such cases are difficult to win, prosecutors do bring them. At issue in these cases, he said, is whether the victim consented to the act.

"A third party could testify to observing the act, then could describe the act. And a judge might leave it to a jury to decide if the victim consented," Swor said. "It certainly is difficult because the evidence requires proof that the individual did not consent or that the individual was put in fear of harm."

According to Dwyer, the warrant recommendations for assault and battery charges involve an 18-year-old student who was 17 at the time of the alleged incident, which occurred on Oct. 19 in the locker room. The other two suspects are 16, one a junior, the other a senior. Police are requesting petitions on the 16-year-olds, which means their cases would be heard in probate court.

Dwyer said as of Friday, police had interviewed 69 students and six faculty members, but were not allowed to speak to 15 students because their parents would not allow them to talk. Of those 15, four had obtained attorneys, he said.

According to Dwyer, the three students facing potential charges have been suspended indefinitely from De La Salle.

The school declined comment on the investigation and suspensions, citing policy not to disclose disciplinary matters.

“It’s strictly up to the prosecutor,” Dwyer said, noting police will continue to look into new tips as they come in.

Dwyer said the email he received on Friday, which came from a parent whose son once played football at De La Salle, could lead to more interviews with people who may know more about hazing at De La Salle. For example, he said, the parent who emailed him stated that “there has never been an avenue” at De La Salle for which “boys can share in an anonymous way or welcoming manner” hazing experiences.

“This investigation at this point, has been concluded," Dwyer said. "However, any new information that comes to our attention will be investigated.”

Contact Tresa Baldas: tbaldas@freepress.com. Free Press staff writer Chris Hall contributed to this report.