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Updated: 6:38 PM May 11, 2009
MU Football Players Charged with Drug Possession Appear in Court
The two Marshall University football players originally charged with felony drug possession officially had the charges reduced Monday morning.
Posted: 12:12 PM May 11, 2009Reporter: Randy Yohe Email Address: randy.yohe@wsaz.com |
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UPDATE: Monday, May 11 @ 12pm
HUNTINGTON, W.Va. (WSAZ) – The two Marshall University football players originally charged with felony drug possession officially had the charges reduced Monday morning.
During a hearing in Cabell County Magistrate Court, Darius Marshall pleaded guilty to a reduced misdemeanor drug possession charge. He'll undergo six months of unsupervised probation.
DeQuan Bembry also pleaded guilty to the same reduced misdemeanor and will also receive the same six-month probation.
According to attorney for one of the players, if at the end of that time the players have stayed out of trouble, their records will be wiped clean of these charges.
Darius Marshall is expected to talk to the media Monday afternoon.
UPDATE: 5/8 @ 6pm
HUNTINGTON, W.Va. (WSAZ) -- Considering the incident of the two Marshall University football players arrested earlier this week on felony drug charges that were later reduced to misdemeanors, we questioned the criteria used to arrest drug suspects.
What type of special training is needed and do other sheriff's deputies not have this training to arrest people on drug charges? WSAZ.com's Randy Yohe investigated those questions for the last couple of days and spent time at Cabell County Magistrate Court.
He looked over the arrest history of Cabell Sheriff's Detective Steven Rappold -- the officer who made an honest mistake, according to Chief Deputy Doug Ferguson.
"The officers working this investigation were not drug officers and had no specialized training in drug investigations," he said.
But was that training needed or relevant?
In his reports, Rappold said the suspects had three separate baggies of marijuana -- totaling 8 or so grams, and he determined they were packaged to sell. A quick department review of the arrest determined the marijuana was just in separate baggies for possession -- not for sale, and under the 15 grams needed for an intent to sell charge.
But looking through magistrate clerk's office computer records and files -- Rappold's drug arrest record shows numerous previous arrests in similar drug cases. Compared to other deputies on the force, Rappold averaged five and a quarter a year.
Cabell County Sheriff Tom McComas said it's standard procedure for his deputies and all law enforcement officers to initially use more serious charges.
"When you charge you start at the top because, when you get in court, charges don't get raised, they get decreased," he said.
No one -- WSAZ.com included -- is faulting Rappold for his arrest of the two Marshall suspects. We know every case is different, and reviews are routine.
McComas said the suspects were cooperative, and Rappold did not even know they were football players. He and Prosecutor Chris Chiles said the charges would have likely been reduced at Monday's preliminary hearing.
For much more from our investigation, click on the video link above.
UPDATE: 5/5 @ 4:30 p.m.
HUNTINGTON, W.Va. (WSAZ) -- Marshall University Head Football Coach Mark Snyder issued the following statement in regards to Tuesday's announcement of lesser chargers against Darius Marshall and DeQuan Bembry.
“First of all, let me reiterate how disappointed I am in DeQuan and Darius for their poor decision and in no way do I condone their actions. This is a matter we take very seriously and we will continue to allow the legal process to take its course," Mark Snyder said.
The players will remain suspended from the team.
The release from Marshall University included the following quote from Darius Marshall's attorney David Perry.
“My client is very pleased at this time that the facts are coming to light. We’re not advocating a criminal act, but we do think a proper application of the facts to the law is appropriate.”
UPDATE: 5/5 @ 10:00 a.m.
HUNTINGTON, W.Va. (WSAZ) -- Cabell County Sheriff Department Deputy Chief Douglas Ferguson tells WSAZ.com that charges against Marshall Football players Darius Marshall and DeQuan Bembry will be changed from felony charges to misdemeanor charges.
Ferguson says the reporting deputy listed the charges as possession with the intent to distribute, but after reviewing all the facts with Sheriff Tom McComas and County Prosecutor Chris Chiles, they decided there wasn't enough there for the intent charge -- and dropped it from a felony to a misdemeanor.
According to Ferguson, Bembry and Marshall had three bags of marijuana, but the amount was clearly a misdemeanor amount and the two men did not have other telling signs they were dealing. Ferguson says those signs are typically mass amounts of cash, distribution equipment or paraphernalia.
Ferguson also tells us it was an honest mistake made by a deputy who doesn't normally work drug patrols. Officer Steve Rappold was working on an overtime grant targeting underage drinking when he came upon an illegally parked car in the 2100 block of 7th avenue. Ferguson says the officer was not a drug officer and had no specialized training in drug investigations. Ferguson says since the marijuana was packaged in a total of three separate baggies, the officer chose to err on the side of caution and initially charged both individuals with the felony offense of possession with intent.
Ferguson assured us repeatedly that they had no pressure from Marshall University, Football Coach Mark Snyder, the Defense Attorney David Perry, or any other ties to the university. He says it was purely a decision made by the Sheriff, himself and the Prosecutor.
No word yet what ramifications the football players face from Marshall University.
ORIGINAL STORY
HUNTINGTON, W.Va. (WSAZ) - Police arrested Marshall football players Darius Marshall and DeQuan Bembry early Saturday morning on felony drug charges.
Marshall is a running back for the Thundering Herd football team. Bembry is a defensive back for the team.
WSAZ.com has learned that Marshall and Bembry were admitted to the Western Regional Jail around 2:30 a.m.
Both have been charged with possession with intent to deliver. They were arraigned and each given a $20,000 bond. Bembry posted a property bond and Marshall posted $2,000 to be released from jail.
According to Cabell County Sheriff Tom McComas, his deputies were patrolling for underage drinking when they spotted a car double parked. Bembry and Marshall were in the car. When they rolled down the window to speak with deputies, McComas says there was a strong smell of marijuana. Deputies then searched the car and found four individually wrapped bags of the drug.
The criminal complaint states that a bag with .8 grams of marijuana was found on Bembry. The complaint also states that two bags were found on Marshall, measuring approximately 6.2 grams and 1.7 grams. According to the police officer's statement, Marshall was also observed smoking what was believed to be a marijuana cigarette.
McComas said that both Bembry and Marshall cooperated fully with his deputies.
"I am very disappointed in DeQuan and Darius' decision-making," said Coach Mark Snyder in a statement issued Saturday morning. "DeQuan and Darius have been suspended from the team. Other action will be determined once the legal system has taken its course."
On the football field for Marshall's football team, Darius Marshall is a junior. He is from Milledgeville, Georgia. He was Marshall's leading rusher last year with 1,095 yards and a team high five touchdowns.
DeQuan Bembry is a red-shirt sophomore. His full name is DeQuan Markee Starling, but prefers DeQuan Bembry. He's from Hawkinsville, Georgia. He led the Thundering Herd in tackles for loss in 2008 with 7.5 and was third on the team in tackles with 80.
Bembry was arrested in early March on charges of underage drinking, public intoxication and obstructing.
Both are due back in court on May 11th.
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Latest Comments
Thanks hstc91! I'm a Criminal Justice/Psych double major & studying Arabic as a second language. In MU's defense, the school itself (especially the CJ department) is great! I just can't stand the idiots that make up the majority of Huntington's population. To Booger, have you been on Marshall's campus recently? Fools like these guys are in the majority. They're constantly getting in trouble and the administration and coaches are always coming to their rescue. It's ridiculous.
to: C J Major, now I understand, I was just making a little joke out of it because of the topic. I thought it went well with it. But I knew what you were trying to say, so thanks for clearing that up.
dq and darius...dont let this little stuff these people writing worried you because you got family,friends and fans beileving in both on yall!!! love you guys be good!!!
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