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Derik Stevenson's Take on Honor Code

by scott715 · 3/28/2014

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scott715
Now give me a hallelujah!
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stuckinbig10country
There are some things with Williams offense than are different from some of the other recently publicized incidents.



The difference between this instance and Hadley is Jamaal went to Bronco early in the process.



The difference between this instance and the Unga and Davies situations is that in the church (and apparently BYU) we have a tier system of sins. Unga was a repeat offender of the honor code (based on his own admission), and Brandon may have been as well. Harvey would have been let back on the team if he had additional eligibility. The school decided not to allow him back into school the following semester. They did with Brandon.
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Cougarbib
stuckinbig10country wrote:
There are some things with Williams offense than are different from some of the other recently publicized incidents.



The difference between this instance and Hadley is Jamaal went to Bronco early in the process.



The difference between this instance and the Unga and Davies situations is that in the church (and apparently BYU) we have a tier system of sins. Unga was a repeat offender of the honor code (based on his own admission), and Brandon may have been as well. Harvey would have been let back on the team if he had additional eligibility. The school decided not to allow him back into school the following semester. They did with Brandon.


We do not know when or how Bronco heard about it. He said he. Does not remember when or how.



There is no perfect way to handle these incidents. It will die down until the next court appearance. And if their is a trial, the details will become public record - re what happened.



But the when and how Bronco found out has nothing to do with the trial. All we will ever know is that it apparently was soon enough and appropriate enough. I just hope JW does whatever has been asked of him so we do not need to debate how BYU explains any future suspension, should one occur.



I would also assume that more is expected from a senior returned missionary than an 18 year old kid who is not a member of the Church. I have seen alcohol destroy many lives. Hopefully JW learned a valuable lesson early.



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BYULV
Do we really think there will be a trial of JW for underage drinking? Isn't it a simple misdemeanor? Would anyone really make a court case out of this? I have no idea what the law is in Provo, but I would assume its a fine and nothing else.
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jvquarterback
Derik was in my ward growing up but 2-3 years older. I never really believed him about 2LC. guess I was wrong. Needless to say YM was full of crazy rumors for the next few months. i told him he should go to USC and roll with snoop if he wasn't going to BYU. Better music.



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Cougarbib
BYULV wrote:
Do we really think there will be a trial of JW for underage drinking? Isn't it a simple misdemeanor? Would anyone really make a court case out of this? I have no idea what the law is in Provo, but I would assume its a fine and nothing else.


I read that it has the potential of 1 year in jail. It will go to trial unless a plea bargain is made. I would imagine that one has been offered. But they cannot make him accept it.



I would expect that something will be worked out, but it was not worked out when he appeared to make his plea. He pleaded not guilty and the case was continued.



JW seems to have a clean slate prior, thus he likely has been offered something and his attorney is probably trying to negotiate the best possible deal.



It would be shocking to see him get a jail sentence since he was not driving and was not involved in some disturbance. The driver was pulled over for speeding at 2:00 AM or so, iirc.



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Mars
BYULV wrote:
Do we really think there will be a trial of JW for underage drinking?

A- Charged, B- Pleads Not Guilty... C- Hearing with the officer before a judge?
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scott715
It's a misdemeanor, how can there be jail time?
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snoscythe
scott715 wrote:
It's a misdemeanor, how can there be jail time?


Generally, if an offense has a maximum of a year in jail, it's a misdemeanor. If they can put you away for more than a year, then it's a felony.



Some legislatures don't always get that, but it's the general rule.
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Cougarbib
It's a misdemeanor, how can there be jail time? [/quote] [/Quote]





Scott / BYULV



Worst case - maximum penalty - Google Utah Under Age Drinking



Class B Misdemeanor - Non Driving

Up to 6 months in jail

Up to $1,850 in civil fines and penalties

Suspension of driving privileges for 1 year - sometimes this can be reduced by taking a class



Those are worst case, but you can understand why Williams will try to fight it or get a plea bargain. Much worse if he had been driving.



Even a Class C Misdemeanor can receive up to 3 months in jail.



It is a misassumption to think that a misdemeanor cannot land you in jail. It can.



In this case, I think jail time is very unlikely.



But unlike Hoffman, Unga, Davies, and Hadley, Williams did allegedly break the law.
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Guest
Allegedly broke the law.
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BoiseBYU
Cougarbib wrote:
But unlike Hoffman, Unga, Davies, and Hadley, Williams did break the law.


Did I miss the trial? You are innocent until proven guilty.
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Cougarbib
To keep everyone happy, I added the word - allegedly - even though Bronco has stated that something did occur and that Williams and BYU have dealt with it a long time ago.



My point, is that this situation is different. The others I mentioned were not even alledged to have broken the law. Hadley was alledged by some self-proclaimed anonymous Ute fan to have violated NCAA regulations re booster benefits - but the NCAA never made any such allegations. But the Hadley allegations in the anonymous email to the Utes triggered the reactions that required BYU to respond.



No arrests, arraignments, releases, or court cases were involved. This one already is different in that regard.
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BYULV
I would just be shocked if they wasted the time and resources prosecuting an underage drinking case. Seems like overkill. Why was he given a breathalyzer test in the first place? If he's not driving, why would he even submit to the test. Just tell the cop no thanks. Does the officer have enough without the breathalyzer to arrest him? I don't think you can just walk around town making everyone take breathalyzer tests.
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Cougarbib
It probably went like this.



Cop sees car speeding at 2:00AM

I have heard that cops look for excuses to look for drunk drivers late at night

speeding = excuse

driver was sober but cop smelled alcohol

passengers looked underage

cop pressed passengers into cooperating

news articles did not mention finding any open containers or even closed containers in the car

IDK what the penalty for refusing a breath test - when not driving



I would imagine his attorney will ensure that his rights were not violated.



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Mars


The hearing is set for May 7, I believe.
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Gunk
Mars wrote:


The hearing is set for May 7, I believe.

I can't wait. I hope the judge opens the hearing to the public. I plan on live tweeting the event.
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BYULV
Cougarbib wrote:
It probably went like this.



Cop sees car speeding at 2:00AM

I have heard that cops look for excuses to look for drunk drivers late at night

speeding = excuse

driver was sober but cop smelled alcohol

passengers looked underage

cop pressed passengers into cooperating

news articles did not mention finding any open containers or even closed containers in the car

IDK what the penalty for refusing a breath test - when not driving



I would imagine his attorney will ensure that his rights were not violated.



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It should have gone more like this: cop pulls over speeding car. Driver is sober, young appearing, possibly intoxicated passengers in back. Cop gives ticket or preferably a warning

To driver for speeding and a big congratulations for being the designated driver and keeping his friends safe. Then if he still feels he needs to drive the point home, he gets the phone numbers of the underage drinkers' mom/dad and in JW's case bronco's phone number and calls them on the spot. The coach and the parents will send a lot stronger message than the court will.
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