McCollough Assault Case not Done

#51
#51
All it amounts to, from my experience, is an officer reading a brief case summary to a bunch of people who rarely ask any questions and mostly are there for the refreshments.
If his attorney asked for it to be sped up, that should be a positive sign
 
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#52
#52
Sometimes turning a case over to the grand jury is nothing more than a punt if it’s a politically sensitive case or just a turd the DA doesn’t want to put his name. Let the grand jury take the heat for whatever outcome they decide and the DA can say “We followed our process.”
 
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#53
#53
ButchPlz said:
Because the Knoxville Police Department and the surrounding legal arm are human pieces of trash, full stop.

They've always gone after students rather than doing an actual decent damn job where really needed. I'm usually fine with police, but the most abuse, aggression, and misplaced small weiner-driven anger I have ever seen has come out of KPD officers both when I was a student and on gamedays when I go back now.
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Hope the KPD isn’t planning on having Thanksgiving at your house this year.
 
#54
#54
Wait. Is discipline really going to be the best thing here? I say we apply the Saban Rehabilitation Method, and handle this internally.

After all, if this had happened in Tuscaloosa, that is exactly how it would have gone.
 
#55
#55
The grand jury can refuse to indict based on the evidence. The DA is just covering her a$$. If DA drops charges, it's favoritism. It's an elected position.
 
#56
#56
I had a friend who played as a senior on our 04 team. He was having some trouble with things going on his life with girlfriend anxieties of other types. He was wanting to give up football once graduated and his gf of course he married later was dead set on him trying to pursue playing professionally. Well my dad was a mentor for this young man as his parents live far enough away that when things went sideways he would call my dad. He got into it with his gf one night and she hit him and he wasn't going to hit her so broke out her car window by punching it. The cops were called to the apartment complex. When something like that happens Condredge Holloway is almost always involved with trying to get the players help. So my dad went to go get my buddy and Condredge met us inside the indoor practice facility waiting on my buddy to come out because my dad was going to take him out to grab a bite to eat and just talk. Condredge to my dad said sir the Police now are different than they used to be. A player gets into some issues and they used to try and get the player back in their apartment or dorm and cool off sober up whatever. Now these guys love to say I put the starting (fill in blank position) at UT in cuffs and taking him to jail.

Not saying players should be above the law. However that is some weak stuff to hide behind badge locking someone up like you went "BIG GAME" hunting and caught one.
 
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#58
#58
GiveHim6InSC said:
All it amounts to, from my experience, is an officer reading a brief case summary to a bunch of people who rarely ask any questions and mostly are there for the refreshments.
If his attorney asked for it to be sped up, that should be a positive sign
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yes an indictment is mostly a when not an if. The only way things don't make it through indictment is if..... well like almost never. They will only give the story from the 'victim'/police report side. Then the DA will try to posture for a plea.. and if the defendant does not budge and the DA does not think they have a chance they drop the charges. The accuser has some serious credibility issues. Even before Tank gave his side the story sounded way beyond fishy. I also heard mention that the guy had a vodka bottle in his hand while giving his statement.. if that's true...wahahahahaha. Nope it does not prove anything but it goes to his credibility in a trial. The DA will drop this most likely unless Tank takes a plea which would be dumb.
 
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#59
#59
Has leaving another apartment been verified? Are there witnesses that corroborate his claims of being in another apartment?
 
#61
#61
Pump Guy said:
Ok, let's walk through this, and let me know if I am missing something.

Victim (alleged)

States he was drinking
States he left apartment he was staying at to retrieve more alcohol
States he returned to the wrong building
States he knocked on the door
States he entered the wrong address
States he immediately left and was walking away
States he was punched in the face
States he fell "backward" down stairs after being punched in face
Gives statement to police while still drinking

Witnesses (three total, not intoxicated)

Visibly intoxicated man enters/trespasses into apartment
Intoxicated man is told to leave
Man leaves apartment, then re-enters and is argumentative
McCollough punches victim (alleged) in the face


A few points here, beyond the fact that he was drinking, not only going to the wrong apartment, but went to the wrong building. If you look at this area, how intoxicated do you have to be to "return" to the wrong building? He knew how to return to his car, but not the right building?

If he was punched in face, which seems to be agreed on, that would infer that victim (alleged) was facing McCollough rather than trying to leave. He also states he fell "backwards" down the stairs, yet there are no injuries to his back or the back of his head. This means, regardless of where this occurred, rather than trying to leave "immediately", he was facing McCollough.

Drinking person says one thing, three non-drinking people say another.

I must be missing something. Why does a district attorney and a judge feel that 16 people, called to grand jury duty, spend their time making a recommendation to prosecute a case like this? If it were to go to trial, it would take 12 jurors to unanimously conclude that McCollough is guilty of felony assault. Is there a single person on this board that believes, if sitting in a jury, you would vote to convict McCollough of even simple assault? Are there 12 people on this board that would?
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Here’s what I don’t understand. The dude went back down to the car to get the vodka, couldn’t find the car, goes back up, and somehow then has the vodka in his hand? Did I miss something?
 
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#63
#63
unfrozencvmanvol said:
Sometimes prosecutors take cases to the grand jury for them to no bill though. The grand jury is faceless and essentially unaccountable. In controversial cases where a dismissal may be warranted but nobody wants to take the heat or the liability they take it to the grand jury and let them punt the case. Then you can shrug your shoulders if x person later kills someone and say "well, the grand jury didn't indict". We'll see what happens.
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True.
VFL-82-JP said:
I'm no lawyer, but pretty sure witnesses don't come into play in a grand jury hearing. Just the prosecutor, explaining why it is worth the court's time to consider the case.
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The prosecutor presents the witnesses he chooses.
 
#65
#65
If you can't do the time, don't commit the crime

3-15 years seems a lot for a single punch though. Holy sheet.

Maybe he can plead it down to misdemeanor. Might be worth it.
 
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#68
#68
This kid that was punched is still having issues and hasn’t been able to return to work since the injury.

Show a little compassion, he wasn’t a threat, and was assaulted. He’s had multiple doctor visits, MRI’s and still can’t work this long after the attack.
 
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#69
#69
sechamp2012 said:
Almost 100% of Grand Jury cases are indicted it’s a joke. I was on Grand Jury for 3 months, once a week . Heard 103 case indicted all but one. At the end of our service the judge came in and chastised us for not indicting that one. It’s basically a money thing. They come up read the charge and show of hands to or not indict. They might as well say you get arrested you’re indicted but this way it makes it look legal.
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I was on a Federal Grand Jury for almost two years. We always had a true bill because they never brought a case forward that wasn’t clear cut. I always thought it was pointless what we had to do because they always were true bills. Yet, I get why you have to do that because there will be cases that should never be brought to trial that would go to trial if you didn’t have a grand jury. I also asked an attorney once how many went to trial. He said almost none of them because the people would take the plea because they were cut and dry cases. This was a federal GJ so I know it’s different but I assume it’s kind of the same. It’s meant to keep people from getting their name dragged through the mud if there is absolutely no case against them.
 
#70
#70
Rationality check:

Reverse the situation. Our player says while out celebrating beating Bama he leaves his friends apartment to go to his car, can’t find his car, so tries to go back to his friends apartment. Opens the unlocked door, and walks in before realizing it was the wrong apartment. Apologizes and leaves. Apartment owner follows the player out, punches him hard enough to knock teeth out and cause a concussion, and our player misses 4 games due to the injury.

The apartment owner claims self defense and says our player refused to leave and got mouthy, so he punched him when he refused to leave.

Does your opinion change on who is at fault? If so, you’re looking at things non-rationally, and letting your fandom get in the way, if your opinion doesn’t change, then you’re not.
 
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#71
#71
UT_Tix79 said:
Rationality check:

Reverse the situation. Our player says while out celebrating beating Bama he leaves his friends apartment to go to his car, can’t find his car, so tries to go back to his friends apartment. Opens the unlocked door, and walks in before realizing it was the wrong apartment. Apologizes and leaves. Apartment owner follows the player out, punches him hard enough to knock teeth out and cause a concussion, and our player misses 4 games due to the injury.

The apartment owner claims self defense and says our player refused to leave and got mouthy, so he punched him when he refused to leave.

Does your opinion change on who is at fault? If so, you’re looking at things non-rationally, and letting your fandom get in the way, if your opinion doesn’t change, then you’re not.
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This is easy to test.

In this fictional scenario, who invaded the home of another person?

That person is clearly in the wrong.

After that, all that remains is to ask whether the person defending their home used excessive or unnecessary force to deter the invader.

And the answer to that question is possibly "yes." On the other hand, a great deal of leeway is given for (a) the speed with which events unfolded, (b) a degree of irrationality induced by the shock of finding one's privacy invaded without forewarning, and (c) concern for the well-being of one's own person, family/friends in the immediate area, and property.

In short, the invader is wrong. Even if it is someone we care about, they are in the wrong. And the person who struck them seems clearly to have done so in self-defense, even if the force used was--in retrospect--unnecessary or excessive.*


* in honesty, though, we can not truly know whether the force used was either unnecessary or excessive, because we don't know what the invader would have done if less force was applied. If he were threatening to re-enter the home, would simply locking the door and calling 911 have been enough to protect those inside? Don't know. What would the invader have done in that circumstance? We don't know. Every other possible outcome can only be hypothetical, and will never be known with any certainty. What we DO know is that the force applied was successful in keeping the invader away from the home.
 
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#72
#72
BanditVol said:
If you can't do the time, don't commit the crime
3-15 years seems a lot for a single punch though. Holy sheet.
Maybe he can plead it down to misdemeanor. Might be worth it.
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Trial isn't proceeding yet, so no decision made. But it wouldn't surprise me if Jaylen ends up getting the 3 - 15 years. At the risk of royally pizzing off certain peeple, such things are typical of how the justice system works for certain factions of our population. Unfair judgments, and totally out the norm sentencing, it's typical. This should have been over long ago. The victim's stories just doesn't smell right. I've been irrevocably anti-big brother for decades. But now, I swear I'd welcome not only welcome the George Orwell: 1984 Big Brother surveillance, but the Richard Clabaugh directed Eyeborg surveillance as well. It would benefit many, including guys wrongly accused of harassment, cutting down on entitled Karens behavior and their fake cop calls, badged bullies (as opposed to REAL cops) and so much more. I'm shocked at my changed attitude about public surveillance, but fear it may be necessary, even if not perfect protection against unjust actions and bogus accusations.
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#73
#73
Most KPD officers are die hard Vol fans. I wouldnt be surprised if we have a few on VN. Regardless, the decision to take a case to the Grand Jury rests on the Prosecutors office. My guess is they are doing it just to be "by the book."
 
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#74
#74
UT_Tix79 said:
Rationality check:

Reverse the situation. Our player says while out celebrating beating Bama he leaves his friends apartment to go to his car, can’t find his car, so tries to go back to his friends apartment. Opens the unlocked door, and walks in before realizing it was the wrong apartment. Apologizes and leaves. Apartment owner follows the player out, punches him hard enough to knock teeth out and cause a concussion, and our player misses 4 games due to the injury.

The apartment owner claims self defense and says our player refused to leave and got mouthy, so he punched him when he refused to leave.

Does your opinion change on who is at fault? If so, you’re looking at things non-rationally, and letting your fandom get in the way, if your opinion doesn’t change, then you’re not.
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What is sobriety level of each in your scenario? What did the statements by others on the scene indicate? Guessing the DA just wanted to pass the buck to the grand jury. He can't be accused of a "blind eye" this route. Bet he has heard those alternate conspiracy theory rumblings as well.

I don't know how seriously I could take a drunk's victim statement with corroborating statements on the other side. If found to be true bill by the grand jury, does this move on to a jury trial or by judge? If by jury, does it require a unanimous finding? Long way from him being found guilty of anything, especially with the information NOW available through the school's inquiry being resubmitted in this process. It is possible that the PD will be the one's coming out as the loser if they IN FACT did not collect available statements from eye and ear witnesses on the night as has been postured on this board. Anybody know if the DA could or did take the schools additional information into the decision process if it was not in the PD reports?
 
#75
#75
VOLfrombama said:
What we already know is that there is 3 people's word against 1 and the 1 was disoriented and arguably intoxicated, entered the apartment by mistake but illegally, and then got punched in the mouf.

I don't see how they indict him unless there's more witnesses that corroborate the victim's story. 3 v 1 should be more than convincing enough.
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Feels like a No Bill to me.

Not sure whether the DA has political pressure here or maybe the DA has no discretion given the Ag Assault charge. Pretty major felony charge, though I agree it don’t fit the facts available.
 
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