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Charges against 3 Pack players dismissed

Submitted by kentysiac on 07/27/2010 - 13:13

Drug charges were dismissed against three N.C.State University football players in Wake County district court today after a judge ruled an off-duty police officer had searched an off-campus apartment without following proper legal procedures, a court official confirmed.

Jake Vermiglio, Markus Kuhn and J.R. Sweezy were charged in April with possession of marijuana and drug paraphernalia, and maintaining a dwelling for the use of controlled substances. An off-duty Raleigh police officer working security at the College Inn complex on the 2700 block of Western Boulevard reported smelling the strong odor of marijuana from the doorway of a third-floor apartment as he walked the hallway at about 1 a.m., according to a warrant.

Charges were dismissed against Vermiglio, Kuhn and Sweezy. A fourth player, George Bryan, was charged only with maintaining a dwelling for the use of controlled substances in the same case; he has a Sept. 3 court appearance scheduled.

After knocking on the door and meeting the tenants to confirm his observations, the warrant said, investigators seized three plastic bags filled with about six grams of marijuana, a "blunt" cigar stuffed with marijuana, two homemade bongs and other paraphernalia. In court Tuesday morning, defense lawyers for the players argued that the arrests came after an illegal search.

Judge Keith Gregory agreed.

Wolfpack football coach Tom O'Brien said Monday - the day before the court appearance - that all the players will be with the team when it starts practice, and that Sweezy, who had been suspended, is off suspension.

This was the second time in two months that Sweezy had charges against him dismissed. On June 3, misdemeanor charges of assault and larceny were dismissed against Sweezy in Iredell County. Those charges stemmed from a March 18 altercation with a shuttle bus driver in Mooresville. O'Brien handled their discipline internally, except for Sweezy, who was suspended after the Mooresville incident and missed some of spring practice as a result.

Anne Blythe and Ken Tysiac

1280265687 Charges against 3 Pack players dismissed The News and Observer Copyright 2011 The News and Observer . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Comments

Not a big deal

Tue, 07/27/2010 - 23:06 — Heels20

These guys had a brush with the law, were obviously guilty, but a technicality got them out of it. I'm sure O'Brien has handled the issue internally and that is all that's necessary. Suspending a guy for something like this doesn't do much more than give the opposition an advantage. I'm not saying I disagree with John Bunting's decisions to boot guys from the team for violations like this, but running a guy until he pukes is a clearer message than making him sit on Saturdays, and also a more effective one in not risking his future.

I agree

Wed, 07/28/2010 - 13:37 — mad_max

A little bit of pot-smoking, no big deal. However, I would be concerned about the pills (ephedra, or whatever it was) that were found on George Bryan...that is a little more serious, and TOB should definitely take some action regarding that.

True

Wed, 07/28/2010 - 13:44 — Heels20

I've heard so few details about the ephedrine that I'm not even sure which player was responsible for that and what excuse they provided for having it in their possession. Hopefully O'Brien has acknowledged that issue (he probably has) and all has been taken care of.

Coach, you are condoning

Tue, 07/27/2010 - 22:37 — bbrogerson

Coach, you are condoning illegal activity. The guys are guilty. Acquittal by technicality doesn't mean innocence. How can you build a reputable team with potheads on the roster? Grow a spine. Send them home. Our college needs high character profilers, not flaunters of the illegal drug world with rapsheets. Oh, I forgot. Extra pushups and running around the field is soooooo tough on an athlete. That might turn them around. This is sickening.

Harrassing ???

Tue, 07/27/2010 - 17:19 — AgentPierce

As I read this article, the illegal drugs and paraphenalia WAS found .... ergo the student-athletes WERE indeed violating the law. That they cannot be prosecuted due to the illegal search is understood. But HAD the officer followed proper procedure the players could have been prosecuted .... correct?

How is that harrassment? The players avoid prosecution due to the officer's error NOT due to their obeying the law. I would imagine TO'B is not celebrating this situation at all.

Just another case

Tue, 07/27/2010 - 17:17 — Philcobrown

Of State Stoners buying justice. I am sure the Wolfpack Club paid for their lawyers.

You don't need a lawyer when

Wed, 07/28/2010 - 13:35 — mad_max

You don't need a lawyer when the cops illegally search your property without a warrant...just sayin'.

Who is Barney?

Tue, 07/27/2010 - 15:41 — taxpayer2009

Notice how they leave the cops name out of print? They should plaster his name all over the paper as well, but he'll just continue on harassing NC State students - with the N&O's blessing - with no recourse. That's why they're not respected

newsmen blues

Tue, 07/27/2010 - 15:24 — mcarol

I am beginning to understand why the police in Raleigh have it in for the Pack. The overkill on the Brent Road parties, the harassing around the campus after any ball game victories, looks like their is a reason for it.

Where is the discipline?

Tue, 07/27/2010 - 15:03 — grantncsu

I am a life long State fan, and I sure hope this is not the final word on this incident. I have been waiting for action from coach O'Brien. As public as these charges were, the punishment needs to be announced. I think I know what coach Sheridan would have done. Come to think of it, this sort of thing didn't happen under coach Sheridan. Something to think about.

No dicipline needed

Tue, 07/27/2010 - 15:39 — taxpayer2009

They were acquitted so no public announcement needs to be made by O'Brien. The cop needs to apologize though. The article mentions 'warrant' implying a search warrant which needs a Magistrate's signature. You'd think they'd know how to do this stuff. These clowns in the RPD & Courthouse need some 'book learnin' on how to hassle people better and should be held accountable when they harass students illegally.

I bet they'll have some tough workouts ahead of them though.

Discipline

Tue, 07/27/2010 - 15:14 — YAR8pack

I guarantee those guys have ran, done up-downs, lunges, you name it, till they've barfed. You don't really think TOB would let them go with nothing other than a stern talking to?

The only one I'm surprised about is JR Sweezy. I felt for sure he would no longer be on the team.

no one and I mean no one

Wed, 07/28/2010 - 20:01 — gvillegatr

has ever witnessed TOB punishing someone for breaking a team rule or getting arrested and then coming out and telling the public about it.

Not every marine thinks the same way.

But I still love how state fans literally get hard when talking about TOB being a marine and discipline. you'd think he was the first to storm the beach of Normady back in WWII. lol.

$hit...how did you know

Wed, 07/28/2010 - 20:57 — mad_max

$hit...how did you know that? I should start wearing some looser-fitting pants lol.

$hit .... how do you know

Wed, 07/28/2010 - 21:10 — gvillegatr

Shit .... how do you know it isn't true?

everyone has to be stereo typed fair or not. in good light or bad.

but you guys (state fans) get your rocks off when you talk about TOB and his no nonsense attitude and demeanor and what a strong disciplinarian he is.

if all that were the case, then why do guys continue to get in trouble under his regime? why aren't these guys getting better at state like they did at BC?

IMO, he's been a minor (not major) bust at state with exception to beating UNC. but you guys appear to be cool with that. cheers.

Sheesh gatr, I was trying

Thu, 07/29/2010 - 10:51 — mad_max

Sheesh gatr, I was trying to be a good sport. Don't get your Carolina blue panties in a wad.

sometimes ...

Thu, 07/29/2010 - 22:05 — gvillegatr

I get an inch I cannot scratch. Don't take it so personal unless your name is yar8pack.

"Sometimes I get an

Fri, 07/30/2010 - 21:09 — mad_max

"Sometimes I get an 'inch'...". Pun intended? lol

A mile

Sat, 07/31/2010 - 09:19 — Surfer

And at times, those two take a mile. Leading to a "very narrow" margin, if you know what I mean.

mad-sax!!!

Thu, 07/29/2010 - 19:04 — bluecat69bluecat69

when are u going to face the fact that g-alligator-aks-red-pussy does not know what he is talking about--- duke is the only team in the acc that does not cheat- all they do is win-go duke champs.

Pffft

Thu, 07/29/2010 - 08:54 — YAR8pack

You're a bust, gaytr. Try formulating something worth discussing. No one, other than you, has mentioned TOB being a Marine. Did you even notice that? Or did you just get all silly happy because you thought you had something worth saying? I bet the latter.

EVERY university and college has kids who get in trouble. You just don't hear about it. As I've mentioned before, I've worked as a student-development facilitator for student-athletes at a couple different universities. You'd be shocked to know how many kids get in trouble during the year and yet nothing is ever stated about it because they are heavily disciplined behind closed doors, where that discipline should stay. Besides, are you really going to complain about a lack of public discipline being made when the team you're gaga over does the same thing by not announcing disciplinary measures?

Don't you have alleged agent meetings and rewards to pine over while wearing your blue blockers?

the marine reference

Thu, 07/29/2010 - 22:03 — gvillegatr

the marine ... you guys get your rocks off when you talk about him like that and don't even talk to me like I have no idea what I am talking about.

and, oh yea, i'll be in Dowdy Ficklen for the state game. please wear a shirt that says, "I am yar8pack." ... assuming you got a ticket.

gaytr fails, again; Season Tickets

Fri, 07/30/2010 - 07:14 — YAR8pack

gaytr, please realize that NO ONE ON THIS BOARD SAID ANYTHING ABOUT TOB BEING A MARINE. Does that spell it out for you a lil easier? We all know you're not the sharpest, but, damn, at least try for some reading comprehension. Yes, I get your biased reference. However, if your biased statement hasn't been setup by someone's assertion, than it really doesn't have any place other than to make you look like more of a unintelligent blogger. But, hey, I don't think you have any trouble with that.

Got my season tickets for ECU last week. Thank you for asking. Though, sorry to disappoint, honey, I'll not let you stalk me. Besides, would you really be so weak minded that you want to stalk me? No need to answer that. I know you can't get me off of your mind. You should probably seek medical help for that...or you could stop posting on something you know you're trying to draw attention to with yet another one of your non sequitur, nonsensical posts that show how misinformed and biased you are. Toodles, sweetie.

Oh, before I go, did you know TOB was at one time a Marine, and Marines are known for their discipline? ;-)

ha!

Fri, 07/30/2010 - 08:15 — gvillegatr

You will forever skirt (appropriate word usage IMO) what someone says and go with what you want to say. tired, tired act.

also, I don't have the time to get into one of your long blown out hate filled personal attacks that only you could deliver here at ACCNow. so i will leave you with one last post that will not compute with you b/c, well, you fill in the blank. I have no earthly idea.

there have been hundreds of references to TOB and his marine discipline blogged here and talked about amongst us, written in newspapers and talked about on the local radio stations since he arrived four years ago. But there have been zero accounts as to anyone actually witnessing it. It is just assumed, you know, like a$$holes.

Nowhere did I ever say it happened in this particular blog. Am I not allowed to discuss something not posted in this blog? I missed that paragraph when I signed up here at ACCNow two or three years ago ... and so did you and everyone else who has taken other blogs in another direction more than once.

lets see if you can stay classy and leave it amongst the post instead of the postee in your next reply. I bet you cannot ....

gaytr needs some aid

Fri, 07/30/2010 - 09:13 — YAR8pack

Silly gaytr, you do realize it's a bit harder to follow along with what someone's trying to say if there hasn't been a preface to set up the statement, hence people not being able to understand your silly rant about TOB being a Marine and how rock hard all us Pack fans get. Yes, others have mentioned him being a Marine and the discipline that's supposed to accompany him in other forms of media discussion, BUT NO ONE MENTIONED THAT IN THIS POST. You are the first to do so. Congrats.

Also, my fellow Wolfpack fans and I aren't aware that TOB needs to publicly discipline players for all to see. Perhaps you're into that sadomasochistic stuff? Nasty, nasty.

Do you realize that by your stating you'd like to have public knowledge of disciplinary measures taken with student-athletes that your boy butchy should fall into the same parameters? Oh no. I forgot. Your blue blockers won't allow you to see something so obvious because it doesn't pertain to your bias.

No one's asking about what's going to happen or has happened to McAdoo or Sturdivant? Did you notice that? Assuredly not.

I sure do know about assholes and what their assuming does; you're quite the representation of that.

Dude, if you can't realize that I'm just messing with you to get you all riled, then you live a sad life for taking a blog seriously. Oh wait. Since you remember what was said about TOB being a Marine, surely you remember my saying this is a blog and everything everyone states should be taken with a grain of salt. Looks like someone (you) skipped that. Nice. You've successfully become an Internet troll.

can you not f ing read and obviously I could not resist to post

Fri, 07/30/2010 - 12:21 — gvillegatr

... again.

I said no one mentioned it in this blog and yet you continue to f ing write about it as if I continue to say it. read and comprehend.

I also have never said TOB needs to tell us what he does to his kids when it comes to discipline as you claim I have. others have in this blog, but not I.

I merely said, state fans love to talk about his marine background as if they know for a fact he's out back wash boarding an 18 yr old for smoking some dope. the mere fact people laugh about it after mentioning it on the radio as if they are present in the room just makes me laugh. we mock what we don't understand.

get a hold of yourself.

every time you decide to spar with someone here, you throw out your disclaimer that said person does not need to take you serious and to get a life. dude, you're the common denominator in the squabbles around here.

you get the f ing life.

"Why so serious?"

Fri, 07/30/2010 - 14:08 — YAR8pack

You do realize by your responding to my posts that you're just as much a common denominator in any squabble? Apparently not. It takes two, silly. Stop responding with inflammatory remarks if you can't take the heat, bud.

Truth be told, TOB's demeanor is probably more in line with a supply officer's, not some stern R. Lee Ermy type from Full Metal Jacket. He has the Marine label, not the token Marine mindset.

Thanks for providing many a laugh for my coworkers and I. Later, sweetie.

maybe...

Wed, 07/28/2010 - 13:30 — izzykareem

but i think those intial charges he was under over the bus fair thing were a little trumped-up/exaggerated anyway.

And yes, the punishment that these guys will go thru will not be made public but its something none of us would want to do. I have the same feeling that Butch does it as well and its never really made public (i know as State fans we think these guys skate by, [and they probably do, haha] but i'm sure Butch punishes them [fewer jezebels]).

Charges against 3 Pack players dismissed

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