The Harrisonburg/Rockingham General District Court set the preliminary hearing date for three Virginia football players Monday. Junior center Mike Price, junior linebacker Ausar Walcott and junior cornerback Devin Wallace will appear in court April 5 to determine whether there is probable cause for their misdemeanor charges of assault and battery by mob and felony charges of burglary-entering a dwelling with the intent to commit an assault.
The charges stem from an alleged physical altercation at an off-campus party at James Madison University in late January. During the Feb. 28 arraignment, defendants also were informed of the nature of the charges against them, as well as their right to counsel.
Attorneys for the three parties all specified that they are legally precluded from commenting on the specific facts of the case, but Price's attorney, William Helsley, explained the expected procedure.
At the preliminary hearing, "the only issue before the court is whether or not there is probable cause existing on the felony charge," Helsley said. "If there is probable cause, then the judge can certify to the next step, which is to have the case placed before the grand jury."
Walcott's counsel, Gene Hart, refuted other media reports stating the preliminary hearing was continued to a later date, noting that preliminary hearings are always set after the initial arraignment.
"The initial appearance is never for anything more than to explain that right to an attorney," Hart said. "That was exactly how the procedure should go."
If found guilty, the commonwealth's attorney's office said Price, Walcott and Wallace could face penalties ranging from one day to 12 months of jail time and a fine of up to $2,500 for their misdemeanors charges, as well as one to 20 years of jail time and a fine of up to $2,500 for the felony charges. Assistant Commonwealth's Attorney Clark Ritchie said he could not comment on a particular punishment because the investigation is ongoing.
"The investigation got to a point where the police had enough evidence to press charges, but that doesn't mean the investigation stops," Ritchie said.
Likewise, Hart stressed the ongoing nature of the case.
"This is very early in the process that we hope will go faster than normal," Hart said. "These young men are all absolutely innocent until they are proven guilty beyond a reasonable doubt."
Coach Mike London has suspended the players indefinitely.
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