Post by cviller on Aug 31, 2007 15:47:52 GMT -5
By From staff reports
MORGANTOWN -- A June 2 charge against West Virginia University football safety Quinton Andrews was upheld in court here Thursday, when a Monongalia County magistrate denied a motion to dismiss.
Andrews remains charged with obstructing an officer for an incident during the traffic stop of former WVU teammate Jason Gwaltney. The police report of the incident says Andrews didn't obey a sheriff deputy's order to stop walking toward him and then later the football player closed an apartment door on the officer.
In court, Andrews' attorney, Bob Martin, petitioned Monongalia County Magistrate Jim Nabors to dismiss the charge, saying the criminal complaint against Andrews didn't include enough information to show that Andrews committed a crime.
Martin said it is not illegal to speak harshly to an officer or refuse to identify yourself.
"He did what he was told to do, maybe he was told twice, but he did what he was told to do," Martin said in court.
Martin said Andrews may not have acted the way the university would like a representative of its football team to act, but he did not violate the law, according to his interpretation of the complaint.
Dimas Reyes, a Monongalia County assistant prosecuting attorney, told the magistrate the purpose of a complaint is to notify a defendant of a charge and to show probable cause. Reyes said the criminal complaint against Andrews does that.
Nabors concurred and denied the motion to dismiss. Martin requested a jury trial, which has not yet been set. Pretrial matters will be heard Sept. 25.
Andrews, a sophomore free safety, already had been suspended from Saturday's WVU opener against Western Michigan, but has been practicing with the team.
Coach Rich Rodriguez said this week that Andrews will be reinstated for game competition for the Sept. 8 game at Marshall.