Assault Update

I know many people are waiting anxiously for updated news on the Burglary and Assault investigation. A little bit more information has been released and is being reported by The Collegian, who is really leading the story on all fronts. Apparently police believe it went down something like this:

Events leading up to the assault began on the corner of High Street and East College Avenue late Saturday night, Fishel said. Police said offensive comments were made to a woman by at least one of three men, who have all been identified by police. The woman's boyfriend became angry, leading to a physical confrontation among the men, Gardner said.

So it starts on the street and then, later that night:

According to police, 11 to 12 men forced their way into a third-floor apartment at Meridian II, 646 E. College Ave., shortly after midnight and assaulted several men who were attending a party.

At least one person was struck with a bottle during the fight, Lt. John Gardner said.

Jack Britt (junior-crime, law and justice) said he was struck by a bottle and was treated at the hospital for about an hour after the incident. He said he walked away with a lump on his head and plans on pressing charges.

A third partygoer, who does not attend Penn State, was knocked to the ground and repeatedly kicked in the face, leaving him bloodied, McGarrity said.

Based off of that incident the police are considering the following charges:

"The mere fact that someone entered a residence uninvited -- that's a burglary," Gardner said, adding that the men who entered the apartment and engaged in the fight could also face simple assault, criminal trespass and criminal mischief charges.

Criminal Mischief:§ 3304. Criminal mischief. (a) Offense defined.--A person is guilty of criminal mischief if he: damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means listed in section 3302(a) of this title (relating to causing or risking catastrophe); intentionally or recklessly tampers with tangible property of another so as to endanger person or property; intentionally or recklessly causes another to suffer pecuniary loss by deception or threat; or intentionally defaces or otherwise damages tangible public property or tangible property of another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker or similar marking device; or intentionally damages real or personal property of another. (b) Grading.--Criminal mischief is a felony of the third degree if the actor intentionally causes pecuniary loss in excess of $5,000, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. It is a misdemeanor of the second degree if the actor intentionally causes pecuniary loss in excess of $1,000, or a misdemeanor of the third degree if he intentionally or recklessly causes pecuniary loss in excess of $500 or causes a loss in excess of $150 for a violation of subsection (a)(4). Otherwise criminal mischief is a summary offense. (c) Definition.--As used in this section, the term "graffiti" means an unauthorized inscription, word, figure, mark or design which is written, marked, etched, scratched, drawn or painted.

Burglary and criminal trespass charges are felonies, Fishel said.

As you can see, this is a smörgåsbord of possible charges which each person, depending on involvement could face. It sounds like the police are considering the Burglary:

§ 3502.  <<Burglary>>.
     8     [(a)  Offense defined.--A person is guilty of <<burglary>> if he
     9  enters a building or occupied structure, or separately secured
    10  or occupied portion thereof, with intent to commit a crime
    11  therein, unless the premises are at the time open to the public
    12  or the actor is licensed or privileged to enter.
(1)  Except as provided in paragraph (2), <<burglary>> is a
    25     felony of the first degree.

and Criminal trespass:

§ 3503. Criminal trespass.

(a) Buildings and occupied structures.--

1. A person commits an offense if, knowing that he is not licensed or privileged to do so, he:
   1. enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or
   2. breaks into any building or occupied structure or separately secured or occupied portion thereof.
2. An offense under paragraph (1)(I) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree.
3. As used in this subsection:

   "Breaks into"

   To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.

(b) Defiant trespasser.--

1. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
   1. actual communication to the actor;
   2. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
   3. fencing or other enclosure manifestly designed to exclude intruders;
   4. notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
   5. an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
2. Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.

(b.1) Simple trespasser.--

1. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:
   1. threatening or terrorizing the owner or occupant of the premises;
   2. starting or causing to be started any fire upon the premises; or
   3. defacing or damaging the premises.
2. An offense under this subsection constitutes a summary offense.as the two most serious charges anyone can face.

It seems like the police aren't considering aggravated assault (with a weapon:

§ 2702. Aggravated assault.

(a) Offense defined.--A person is guilty of aggravated assault if he:

(4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; or

for any attack with a bottle. Also, none of the injuries seem to be serious enough to consider aggravated assault charges (based on injuries:

§ 2702. Aggravated assault.

(a) Offense defined.--A person is guilty of aggravated assault if he:

1. attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;)

.

However, the charges the police are considering are NOT MINOR. Felonies are punishable by over a YEAR IN PRISON as a maximum penalty. I'm not saying that those are the charges which will be pursued but they are clearly thinking about filing multiple felony charges against multiple people.

The Collegian article goes on to say that players are currently being interviewed regarding the events of that night. It does not list exactly which players, it does not say what charges are being considered for any one person, it does not discuss whether anyone has retained an attorney.

This is not the programs finest hour. However, no charges have actually been filed yet and they might not be. It isn't the time to rush to conclusions, the only thing to do now is to wait.