Posted on 05/05/2005 8:47:52 AM PDT by PhiKapMom
By Tom Blakey
Transcript Staff Writer
After three hours of deliberation Wednesday afternoon, a Cleveland County District Court jury found former Nebraska football player Darren DeLone not guilty of aggravated assault and battery in the injury of a University of Oklahoma Ruf/Nek member last year.
It was the eighth day of trial for DeLone, accused of intentionally running into Ruf/Nek Adam Merritt, 19, during pre-game warm-up drills at the Nov. 13 Nebraska-Oklahoma game in Norman.
When Chief District Judge William C. Hetherington Jr. read the verdict at 3:45 p.m., DeLone, sitting with attorneys at the defense table, pumped his right fist up and down several times. He then smiled and brought his hands together in a silent clapping motion. Finally, DeLone folded his hands, closed his eyes and bowed his head in a gesture of gratitude.
DeLone, 23, faced up to five years in prison if convicted of the felony assault charge.
Wednesday morning's court session included Hetherington's ins-tructions to the jury and closing arguments by Garvin Isaacs and District Attorney Tim Kuykendall.
Isaacs said the case was "one of the most frightening" he'd ever seen.
"We don't have any reliable evidence but a bunch of guesswork and suggestions," he said.
Isaacs also was critical of the way University of Oklahoma police handled the investigation. "This is the type of police misconduct that leads to innocent people being wrongly convicted and sent to prison," he said.
Kuykendall rebutted, saying: "(Isaacs) never could explain how eight people could come into court and identify (DeLone) as being the person who committed this crime."
The jury retired to deliberate at 2:25 p.m.
It was the largest audience yet to attend the trial and, besides the supporters on both sides, included attorneys, courthouse workers, newspaper and TV reporters and photographers.
Hetherington asked the assembly to contain their emotions when the verdict was read, but DeLone's mother, Dorothy, had a difficult time complying. She raised her hands several times in revival fashion, mouthing words of praise and choking back her tears.
Following the reading of the verdict, Hetherington asked the courtroom be cleared so he could visit with the jurors. The media followed DeLone, his parents and defense attorneys downstairs and outside - Dorothy DeLone repeating "Thank you, Jesus" all the way.
"Thank God," DeLone announced on the courthouse steps. "First I'd like to thank God, and then my mom and dad. If it weren't for them none of this would have been possible. And Garvin Isaacs is the best lawyer ever."
Saying he "already knew" what the verdict would be, DeLone said: "I prayed to God about it. It's been difficult, being falsely accused. But everybody's been respectable on both sides. The Oklahoma fans have been nothing but nice, and Nebraska's had my back since day one."
DeLone's father, Alexander, said: "I've been telling my son that this was a test of faith - just a trial we had to go through. How good God is."
Isaacs said the pressure of the trial had been difficult on the DeLones. "Darren has been under tremendous stress and has had hives a couple of days this week," he said.
Isaacs said DeLone was supposed to graduate last year, but "had to drop two classes" because of the pressure he was under.
DeLone also had missed an NFL scouting combine because of the trial, Isaacs said, but would attend another scheduled in May. The combine allows select NFL head coaches and general managers to get a preview of the college talent pool.
Merritt also was present in the courtroom when the verdict was read. His grandfather, mother and stepfather had attended the entire trial. They contained the disappointment they felt and departed from the courthouse without comment.
"For the victim and the family, it's been a long ordeal," Kuykendall said. "As I told the jury in my closing arguments, when all is said and done, we all can go home at the end of the day and know that they received a fair trial.
"I'm disappointed, but I'm satisfied the jury heard all the evidence that was acceptable for them to hear, and I accept their decision," he said.
Kuykendall said he'd discussed the case with Merritt and his family and told them it would not be an easy case to prosecute. "While eight witnesses are sure it was number 67 who hit Adam, the fact was there were several witnesses from Nebraska who testified it was someone else. Every time you have a situation like that, it's almost inevitable the jury is going to have some doubt," he said.
Tom Blakey;366-3540;tblakey@normantranscript.com
Glad to see a jury of Cleveland County residents found DeLone innocent. When John Blake, our former coach, testified in DeLone's behalf, I would have found him innocent as well. John Blake is a terrific line coach, horrible head coach while here, but as honest as they come and still have a lot of respect for him as a person.
So glad to hear our Athletic Director Castiglione is getting rid of those guns at games -- they are nothing but annoying not only to opposing teams but to people around us that jump when they go off. They were an accident waiting to happen as I have seen them aim a gun at an opposing player and then quickly shoot in the air. Poor sportsmanship IMHO by the Ruf/Neks.
A great day to show the sports world that in the Sooner State you can get a fair trial in the heart of the Sooner Nation -- Norman, OK.
FYI!
Good post, I agree.
It took them three hours to find him?
I don't understand your comments. From the article, it seems that the key issue was one of identity; whether the defendant was the one who committed the act in question. Your comments seem to speak to whether the act was somehow excuseable because of the "annoying" behavior of the victim. Which is it?
LOL!!!
"I have seen them aim a gun at an opposing player and then quickly shoot in the air."
Even though those shotguns have modified barrels, it appears to me that they could still fire shells containing shot.
Anyone who points any firearm at another person as a joke or for any other reason other than to defend himself deserves to be beaten thoroughly, IMO. That applies to blank-firing firearms, too.
Time to rein in these bozos.
And in the meantime they are open game?
"And in the meantime they are open game?"
If they're carrying firearms and intimidating people with them, they are.
You must have to be from this area to understand what I was saying because Rodney King had no trouble with my comments.
It was one of identity -- I was just adding my two cents that what the ruf/neks had to say following the incident defied anyone's belief around here. The kid didn't deserve to be hit by any player but they certainly are not the innocents they portrayed themselves to be following the incident either. When they said they never cross the white line, I almost gagged -- couldn't be farther from the truth.
I am just glad they found the player innocent of a felony. It should have been a misdemeanor all along IMHO. I saw it happen -- Nebraska players were being taunted as the Ruf/Neks do to all opposing lineman in that part of the stadium at every game. Surprised it hasn't happened before when they shoot off their guns.
OK, I get your point. You are a viscious, ignorant savage who cannot be expected to obey the law. So what does this have to do with the trial in question?
I am with you and now our Athletic Director has banned those weapons from the stadium which I think is great. I believe they are fireable weapons as well.
The sound they make when fired makes you jump out of your skin and I cannot imagine being an opposing lineman going through drills hearing them fired just yards from where you are practicing. You can hear them all over town on game days.
I am a huge fan of the Sooners but not those guns.
It had a lot to do with the trial because the Ruf/Neks had such little credibility when identifying the player. It was the felony charge that should never have happened IMHO.
I saw it happen and could not have identified the player nor could anyone around me. We just knew it was a lineman because that is where they practice. The fact they (Ruf/Neks) were firing guns and taunting was true but the Ruf/Neks claimed they never taunted opposing players which led to a credibility issue. Trial went on for more than one day BTW and the credibility of the Ruf/Neks was an issue with the jury.
This makes no sense. My question was one of fact and logic. Being inbred has nothing to do with it.
The kid didn't deserve to be hit by any player
I agree. MineralMan apparently disagrees.
I am just glad they found the player innocent of a felony. It should have been a misdemeanor all along
It sounds here like you are saying that a crime was committed and the defendant was the one who did it. Yet he gets off scott-free and you call this justice? I guess you are right. I must need to be from Oklahoma to understand this.
OK, so this post gets to the identity issue. Fine. I didn't follow the trial so I don't know the details. It is hard for me to understand how a football player in uniform could be so difficult to identify. Don't the refs do this all the time? Still, we have a crime gone unpunished. Nothing to crow about, from my perspective.
Don't believe this player fits that mold from everything I have read.
I like guns as much as anyone, but in the hands of unsupervised college kids who haven't had the blood content of their alcohol systems tested within 2 hours of game time, we've got a problem...
Sounds like Joe Castiglione is doing the right thing, again.
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