Penn State defensive tackle Chris Baker and linebacker Navorro Bowman were charged yesterday with brutally kicking and stomping a man while he was down during an October assault at the HUB-Robeson Center, leaving him injured and football players laying blame on one another.
For the redshirt sophomore Baker, this is his second felony charge. He was arrested for simple assault in April for his participation in a fight at Meridian Apartments -- and Centre County Assistant District Attorney Steve Sloane wouldn't rule out the possibility of his bail being revoked.
"We're not concerned he's a flight risk," Sloane said. "However, the risk to the community is a concern ... lightning doesn't strike twice, usually."
Centre County District Attorney Michael Madeira said he would not make a decision regarding bail until after the players' preliminary hearing, scheduled for Wednesday.
Both players were arraigned yesterday at 10 a.m. before Magisterial District Justice Jonathan Grine and were released on their own recognizance. Both received one count each of aggravated assault, harassment and stalking, simple assault and disorderly conduct.
Defensive back Knowledge Timmons was also charged with misdemeanor counts of disorderly conduct and defiant trespass for overturning furniture while looking for the iPhone the redshirt sophomore lost while attempting to break up the fight.
None of the three players will play in the Penn State-Michigan State game this weekend, according to a team statement released yesterday. Athletic Director Tim Curley declined comment, and head coach Joe Paterno could not be reached.
The charges were filed in connection to an Oct. 7 fight near HUB Heritage Hall, spilling out into the HUB foyer as a fraternity party came to a close inside. Members of the Alpha Phi Alpha Fraternity, Inc. have confirmed that a party they hosted that evening saw problems with players' conduct. The following week, Alpha Phi Alpha representatives met with coaching staff to discuss issues between players and the fraternity.
Karen Muir, Baker's attorney, said at his arraignment yesterday she was surprised police chose to charge her client, as he has cooperated fully with investigators and even offered to undergo a polygraph to prove his innocence.
"There was no illegal act, no inappropriate behaviors," she said. "He's holding up as well as he can -- I could hear the distraught in his voice, I could hear the concern."
Baker's 14-page criminal complaint exhaustively details every interview and observation police made the night of the incident and the weeks following. Such was the prosecution's intention, Sloane said: "We're showing our hand."
Three witnesses -- fight victim Varney Capehart, an out-of-town fraternity brother; Penn State alumnus Leonard Wakefield; and HUB-Robeson Center maintenance man Tracy Hoffmaster -- independently identified Baker as "brutally kicking the victim while he was on the ground" and said the victim was attempting to escape about 15 people by hiding under a table. Two witnesses also verified redshirt freshman Bowman's involvement.
At the melee's conclusion, Capehart had suffered a swollen, bloodied face and a possible fractured nose, court documents indicate.
The fight arose from a prior disagreement during the fraternity's "Mardi Gras" party, according to the complaint. Capehart, participating in Alpha Phi Alpha's traditional "party walking," in which greek members step-dance, reportedly bumped into Bowman several times.
Capehart told police he had apologized and moved on; Baker contends that Capehart bumped Bowman twice and said, "This is our party. I'm fronting on you and I'll do what I want."
Bowman went to gather other members of the football team, the complaint reads; Capehart, fearing trouble, went outside to sit alone. He said about 15 football players followed him out, a procession caught on a HUB security camera.
Baker said he was unsure who threw the first punch but that the fight began when Capehart charged at Bowman. Christopher Gregory, Capehart's friend, identified Bowman as the "main actor and aggressor."
Nonetheless, the complaint states that before long Capehart was on the ground, taking a barrage of punches and kicks from surrounding players.
"It took fifteen football players to attack me," he told police later, holding his shirt to his face to stem the bleeding.
Accounts describe a vicious attack. One player, said by witnesses to be wide receiver Chris Bell, climbed onto a chair and jumped onto Capehart, driving an elbow into his face, Hoffmaster told police. He said another brawler forcefully threw a table into Capehart's body. Wakefield described the fight as "placing a steak in the middle of the floor and 15 to 20 rottweilers going after [it]."
Timmons said defensive tackle Phillip Taylor "sucker punched" Capehart; Baker also mentioned that Taylor punched Capehart as he stood up.
Witnesses said as many as 15 football players were involved, and Baker specifically named eight of his teammates as participants, but only he and Bowman have been formally charged. Sloane said he would like to make more arrests, but cases are tough to build when many of the witnesses are potential defendants as well.
Police have also received uneven cooperation from the team, the complaint reads. While Baker, Timmons, cornerback Devin Fentress and cornerback Willie Harriott conducted scheduled interviews with police, defensive tackle Abe Koroma, defensive tackle Tom McEowen and wide reciever Chris Bell only responded when officers knocked on their doors, despite repeated attempts to contact them through official channels.
Bowman, Taylor and linebacker Bani Gbadyu were contacted by police but refused questioning. Six other players could not be reached.
Baker and Bowman's preliminary hearings are scheduled for next Wednesday, although Muir said she would seek a continuance to more fully analyze the criminal complaint.
