Fourth-year College students and Sigma Chi fraternity members Kurt P. Rupprecht and John P. Selph were found not guilty yesterday of assault and battery charges stemming from an altercation in front of the Sigma Chi house Nov. 1.
The charges were dismissed based on insufficient evidence, Assistant Commonwealth Attorney Joseph Platania said.
"From a criminal aspect the case is closed for Mr. Rupprecht and Mr. Selph," Platania said.
On the night of the altercation, second-year College student Carson Ward was hospitalized after being struck twice in the head and falling to the ground which resulted in him losing consciousness, according to the Charlottesville Police report.
Rupprecht and Selph initially were charged with the malicious wounding of Ward, which is a Class 3 felony. Punishment for conviction of a Class 3 felony ranges from five to 20 years in prison and a maximum fine of $100,000.
After the trial was continued Jan. 22, Assistant Commonwealth Attorney Ronald M. Huber began to approach the charges as a misdemeanor, and had them reduced to assault and battery, which is a Class 1 misdemeanor. Punishment for conviction of a Class 1 misdemeanor ranges from jail confinement for up to twelve months and a maximum fine of $2,500.
"In order to prove a malicious wounding charge the Commonwealth would have to establish that the defendants wounded or injured Mr. Ward with the intent to maim, disfigure, disable or kill him and that such an act was done with malice," Huber said.
He explained that Ward was struck twice during the altercation, and that a fist is not regarded as a dangerous or deadly weapon.
"Under the facts of this case, the Commonwealth attorney had an obligation to reduce the charges," Huber said. "The office cannot proceed with charges which are not supported by evidence."
Because the charges were reduced from felonies to misdemeanors, yesterday's hearing was a trial and not a preliminary hearing, which normally takes place in felony cases.
"I was very proud of [Selph]," said Scott Goodman, Selph's attorney. "The actions he took prevented a lot of other people being hurt. He acted admirably -- unfortunately it was a tragic result to a bizarre evening."
Selph, Rupprecht and Rupprecht's attorney Francis Lawrence could not be reached for comment yesterday.
Inter-Fraternity Council officials said the IFC supported the two men throughout the investigation.
"The fact that Sigma Chi was able to provide the men with some funds for legal support is a great example of the Greek System supporting its members," IFC spokesperson Alex Berrang said.
Sigma Chi President John Lewis said he was pleased with the outcome of the trial.
"Essentially the two most important things are that Mr. Ward had a full recovery and our brothers were found not guilty," Lewis said. "I am happy that everyone can walk away having learned something."
Neither Ward nor his family could be reached for comment yesterday.
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