The Daily Collegian Online	 - Published independently by students at Penn State NEWS
[ Wednesday, April 25, 2007 ]

Golf club assault leads to arrests

Collegian Staff Writer

Two Penn State students were arrested Monday morning during class at Pavilion Theatre in connection with an October assault in which three students were allegedly beaten with golf clubs.

Rocco D. Gambone and Joseph L. Milorey were arraigned Monday at Centre County District Judge Jonathan Grine's office.

Three other students were also charged in connection with the incident. Michael F. Devine was also arraigned Monday, and Marc D. Lewin and Phillip Criniti were arraigned yesterday.

Gambone, Devine and Critini have been released on bail. Milorey and Lewin were still in prison as of 5:45 p.m. yesterday, according to the Centre County Correctional Facility.

Milorey, Devine and Lewin are charged with two counts of aggravated assault, two counts of simple assault and two counts of criminal conspiracy. Criniti and Gambone are charged with one count of aggravated assault and two counts of criminal conspiracy.

Penn State University police Sgt. Don Hazel said in-class arrests are used as a "last resort."

Criminal complaints against Gambone and Milorey were filed April 11, according to court documents.

Hazel said police access a student's class schedule and usually contact the class instructor to tell him or her to ask if the student is present. If the student responds, he or she is asked to see someone outside, where the police are waiting.

"We stay out in the hallway, kind of out of sight," Hazel said. "We're trying to keep this as low-key as possible."

According to the criminal complaint, Devine and Milorey attended a party on the second floor of an apartment building at 616 W. College Ave., on Oct. 29. After Devine allegedly spilled or threw a cup of beer onto electronic equipment, other people removed Devine and Milorey from the party, according to the complaint.

About an hour later, Devine and Milorey returned to the party with Lewin, Gambone and Criniti, according to the complaint. In the hallway, the group assaulted one student who earlier had helped to remove Devine and Milorey from the party, according to the complaint. The group then assaulted two more students who came out of the apartment to protect the first student, according to the documents.

The first victim was knocked unconscious, and one of the others received an open laceration above his left eye "with swelling evident," according to the documents. Both were treated by emergency medical services personnel, documents indicate.

State College Detective J.W. Aston used police databases, Facebook.com "searches and links," Pennsylvania driver license searches, assistance from other officers and photo line-ups to identify the five suspects.

Video surveillance of the incident shows Milorey strike two victims with a golf club and kick the first victim in the head and chest area while he was on the ground, according to the documents.

Devine was also observed striking the first victim with a golf club, according to the documents.

Lewin was captured on video entering the building "carrying a green beer bottle in one hand and an unknown object similar to a pipe in the other hand," according to the documents. Footage shows him leading the group in the second floor hallway, and he was the first to "make contact" with the first victim, according to the documents. Footage shows Lewin "kicking the victim on the ground," according to the documents.

Criniti is observed "pushing or holding [the victim] and possibly kicking him" and Gambone is observed in the hallway during the assault and fleeing the building with the group, according to the documents.


 



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