9/10/2009
DAVID CLOUSTON

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Football player pleads to misdemeanor charges, may testify against others

BELOIT -- A Beloit High School football player accused of hazing a younger team member pleaded guilty in Mitchell County District Court Wednesday to battery and three other misdemeanor charges.

Under an agreement with the Mitchell County attorney, the convicted player, senior Joe Studer, 18, will testify against any codefendants who might be charged later in the case.

The case involved a muscle-relaxant gel wiped on the body of a 14-year-old freshman football player, causing injuries, and the theft from the victim of a small amount of cash. The victim wasn't identified.

The prosecution and defense have agreed to recommend to the judge that Studer be sentenced to two consecutive one-year jail sentences but that he be placed on probation in lieu of jail for two years with conditions. Studer would not be fined.

The conditions are that Studer have no contact with the victim or the victim's family, that he not harass the victim or witnesses, and that he not break any laws.

The incident took place Aug. 21 in the high school locker room after football practice. Authorities allege that two senior boys were involved, said Daryl Moore, principal of Beloit Junior-Senior High School, but no one else has been charged.

Mitchell County Attorney Mark Noah said the cash was taken without the freshman player's consent and used to purchase two lottery tickets.

The incident amounted to more than horseplay, Noah said.

"It wasn't the amount, it was the fact that it was basically forced out of the kid," Noah said. "The freshman was forced to cough up the money. That's why it was serious."

"The chief (of police) was upset about this, the school was upset about this, and the parents of the victim are upset about this," Noah said. "Obviously there was a problem with this kind of behavior."

Agreement not binding

Studer is scheduled to appear for sentencing by Magistrate Judge Bonnie Wilson at 3 p.m. Oct. 8 at the courthouse in Beloit.

The charges to which Studer pleaded guilty, all misdemeanors, include criminal restraint, theft, battery and assault. The crimes carry a possible sentence of up to 31 months in jail, in addition to a fine of up to $6,500. The judge is not obligated to follow the recommendation contained in the plea agreement for probation.

The plea agreement also calls for Studer to be removed from the football team and not to participate in any other school activities for the remainder of the year. Noah said the school had already banned Studer from participating in school activities as punishment for the incident.

Studer's loss means the football team will be without one of its key players for the remainder of the season. Studer was a returning starter on the defensive line for the Beloit team, which is ranked among the top 10 teams in class 3A.

Moore, who is in his first year as Beloit's high school principal, said that no matter what it's called -- bullying, hazing or initiation -- such behavior by any of the school's 350 students isn't acceptable and the school is already instituting changes to stop it.

"Our No. 1 concern is to make sure that we have a safe and orderly environment in the building, as well as in the locker room and at all activities. We've had to do some changing as to how supervision is managed," Moore told a reporter for KWCH TV Channel 12 Thursday.

"The goal of this is to make sure that an incident like this never happens again," he said.

The incident and the resulting publicity have put Beloit in an uncomfortable negative light, said resident Marne Hewitt, whose son plays on the football team.

"It's kind of divided the town," Hewitt told KWCH. "I think some people think it was a very bad incident and some people think it's kind of a ritual of growing up."

"I believe it's unjust publicity," Hewitt said. "As a whole, I think Beloit has great people that live in it, a great school district, great teachers, great coaches. I wish the media would spend as much time talking about the good stuff, as the bad.

"This is, I think, a small incident. I think we will overcome it and show you just how good a town Beloit is."

n Reporter David Clouston can be reached at 822-1403 or by e-mail at dclouston@salina.com.

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