Cal U. football player to stand trial on riot, assault charges
A suspended California University of Pennsylvania football player charged in an off-campus disturbance earlier this month outside a California bar was ordered to stand trial on charges including riot and aggravated assault following a preliminary hearing Monday.
Anthony William McPoyle, 21, of Dover, Del., also was ordered to stand trial by District Judge Joshua Kanalis on charges of obstruction of justice, resisting arrest, public drunkenness, harassment and terroristic threats. McPoyle was a defensive lineman on the team.
Shawn Tevis Barr, 20, also of Dover, who was reportedly with McPoyle, waived his case to court on charges of false identification, disorderly conduct, public drunkenness and underage drinking after the riot charge was withdrawn by the prosecution. Barr, who was free on $50,000 bond, had his bond amended to make it unsecured.
District Attorney Gene Vittone said the arresting officer indicated Barr attempted to calm the situation with McPoyle while both were at the police station.
California police Officer Alyssa Haines testified she saw a fight in progress outside Wood Street Bar in the early morning hours of Oct. 2.
As she was trying to calm the situation, Barr reportedly came out of the bar and started yelling at police and becoming confrontational with Officer Kris Mammarella.
As Mammarella was placing Barr in the police car, McPoyle reportedly came out of the bar and started walking toward the officer with clenched fists while yelling. Haines said she asked university police Officer Lt. Colin Rockwell to stop McPoyle.
When Rockwell and another university officer tried to grab McPoyle, he reportedly resisted and was later hit with a Taser.
Haines said while McPoyle was being led around the police car, he reportedly spat in the face of Rockwell.
He also reportedly threatened the life of university police Officer Ryan Kempert and his family.
McPoyle’s attorney, Brent Peck, argued the charges should be dismissed.
Peck argued there was no evidence presented of an assault involving serious bodily injury nor was there testimony his client engaged in a riot by participating in disorderly conduct with others.
Vittone countered that spitting in the face of another person involves a health risk. He also argued that the statute does not require the defendant to be involved with others to be charged with riot.
McPoyle remains free on $100,000 bond. An update on McPoyle’s status with the school and the team was not immediately available. He was suspended from the team at the time of his arrest for violating team rules pending the completion of fact-finding as part of the school’s disciplinary process.
A third Cal U. student charged in another disturbance earlier this month also waived her case to court after charges of aggravated assault, simple assault and failure to disperse were dismissed by the prosecution.
Azeeza Delphine Reed, 21, of Pittsburgh, was arrested by borough police after they said more than 1,000 people gathered near the intersection of Second and Wood streets on the night of Oct. 11 after the school’s homecoming game.
Reed reportedly became disorderly and refused to leave. She then allegedly scuffled with two officers and damaged a university police cruiser.
Reed, who is free on $10,000 bond, waived charges of resisting arrest, disorderly conduct and criminal mischief.
Under an agreement with the prosecution, she is to be placed on probation for 12 months, pay the university $833 in restitution and take drug and alcohol classes.