McDaniel in good standing with the university
Defensive back's status with the football team remains uncertain
Provided
McDaniel
CLEMSON — Wednesday could not have been considered anything other than a victory for DeAndre McDaniel and his defense against criminal charges — not to mention his chances of playing football this season.
It could be a year before McDaniel, a sophomore defensive back at Clemson, appears in court to face charges of assault and battery of a high and aggravated nature.
But McDaniel's case grew stronger Wednesday, when the school's judicial services committee determined he's in good standing at the university while opting against expulsion, suspension or any other penalties against him.
Nick Lavery, McDaniel's attorney, said the committee had no other choice after McDaniel's accuser did not show up or provide any evidence in support of her allegations that McDaniel punched her, choked her and shoved her down a flight of stairs during a June 21 incident at McDaniel's off-campus apartment.
According to the Central Police Department, the alleged victim — McDaniel's girlfriend — was treated for a neck sprain and bruises to the face and chest at a nearby hospital.
Lavery, who was present at Wednesday's hearing, said Clemson's judicial services committee asked the girl for evidence in the form of a statement, hospital reports, or witness accounts.
None of that evidence materialized, and neither did the woman.
"(The judicial services committee was) looking for something more than just the incident report," Lavery said. "That's really all they had. They were looking for something to corroborate her version of events, and they were not supplied with anything."
Lavery said the university still can revisit the case and punish McDaniel if sufficient evidence is brought forth within a year's time.
McDaniel's status with the football team remains uncertain. Team spokesman Tim Bourret said coach Tommy Bowden is out of town on vacation and will offer a statement Monday.
With the season starting Aug. 30 and preseason camp beginning in less than a month, Bowden will have to make a decision on McDaniel's status before the criminal case is resolved. The charge is classified as a high-court misdemeanor and has been referred to the 13th Circuit solicitor's office.
Lavery said two witnesses spoke at the hearing and refuted the woman's account. Both of the witnesses claim to have been in McDaniel's apartment during the incident, and Lavery said he met with both witnesses for the first time Wednesday and deemed their testimony credible.
Lavery said another witness who supported McDaniel's account with a written statement was not present at the hearing because she was out of town.
The next step in the criminal case is the discovery phase, in which the prosecution and defense begin exchanging information while preparing for trial.
Lavery said the witness statements will be provided to the solicitor's office once it's determined which prosecutor is handling the case.
"He pretty much believes he's telling the truth and the truth will prevail," Lavery said of McDaniel.
Reach Larry Williams at lwilliams@postandcourier.com and check out the new Clemson blog at www.charleston.net/blogs/tiger_tracks/>
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Comments
This article has 39 comment(s)
Posted by navywrslr on July 3, 2008 at 3:12 a.m. (Suggest removal)
I am glad to see that Clemson has handled this case alot better then Duke did with the Lacross Team incident.
Posted by Nonsense on July 3, 2008 at 6:48 a.m. (Suggest removal)
Let's see - Clemson player beats up a woman violently.
Stephen Garcia drank beer underage and keyed a car.
Stephen Garcia is out of school - DeAndre McDaniel is still in good standing with Clemson University. What is wrong with this picture?
Posted by Nonsense on July 3, 2008 at 7:03 a.m. (Suggest removal)
Duke LaCrosse team was accused of rape - this man violently beat his girl friend. Big difference.
Posted by LadyTarHeel on July 3, 2008 at 8:06 a.m. (Suggest removal)
Nonsense: I am assuming that the individual who drank the beer was publicly drunk, so there is no refuting the facts. In this case, the woman did not show up to the hearing with evidence. I know if my boyfriend beat me the way she alleges he beat her, I would show up with all of my information in hand. It just all seems sort of fishy when you think about it; however, he could have intimidated her into not showing up, but that's a whole other ball game.
I am glad that this situation was handled properly and I hope that this young man didn't beat this young lady the way she claims he did. If he did and the school did nothing, he will get what he deserves and it will all come out in the end.
Posted by ed52 on July 3, 2008 at 8:58 a.m. (Suggest removal)
I think the woman should be arrested for beating herself so badly .
Doesn't she know how short handed they are at linebacker.
Posted by Attygen on July 3, 2008 at 9:39 a.m. (Suggest removal)
Garcia is out of school? What school was he in?
Posted by ConcernedinCHS on July 3, 2008 at 9:52 a.m. (Suggest removal)
A thug who beats up women. I can see why the women didn't show up, FEAR!! This thug just beat her.
This is just setting the stage for Tommy to say the university cleared him so he had no choice but to let him play football.
Shame on Clemson University for letting this happen. I would never want to send my three girls to a University that condones men hitting women.
Posted by snozberries on July 3, 2008 at 10:25 a.m. (Suggest removal)
So actual police statements that give the alleged victims account and injuries don't matter, but his "boys" statements who are afraid to go to the poice does???
Why should this girl have to show up? The board had her case, yet they need more?? Who are they the law??
This sets TB up perfectly to do nothing.
Good luck clemson. I don't ever want to hear another thing out of a clemson fans mouth about character or "thugs".
Posted by LANDLORD on July 3, 2008 at 10:28 a.m. (Suggest removal)
Please do no compare Clemson and USuCk. Clemson has a history of class compared to USuCk's history of trash. Let's not forget Mr. Cory Boyd....."I'm back like cooked crack!" What a loser.
Anyhow on the subject at hand, men are always getting locked up for womens lies. I'm so sick of that BS. Women call rape, women call assault and sometimes there is nothing a man can do to prove his innocence. The police just show up and lock you up because of a woman's lies. What kinda dumb BIA doesn't show up to a hearing if he is in fact guilty and she is in fact telling the truth. She is obviously some crazy BIA that isn't very smart. I hope she gets locked up for false accusations.
Posted by snozberries on July 3, 2008 at 10:29 a.m. (Suggest removal)
Oh and one more thing. If this just proved how strong DMs case was, then why didn't the board provide an official ruling instead of just doing nothing?
They have his story, don't have hers so if it's that cut and dry then why don't they officially clear him from all future punishment until the trial or until this ends?
Posted by LANDLORD on July 3, 2008 at 10:34 a.m. (Suggest removal)
Shut up snoz. What you don't understand is that women are crazy. Just because she says all this does that mean he is guilty. Let me ask you a question idiot. If a woman were to go to the police and say that you raped her should you get locked up? NO....WHY? Because it's simply heresay. It is unfair to judge someone on heresay muchless try and find someone guilty in court. Any good attorney will beat these charges no doubt about it.
Posted by LANDLORD on July 3, 2008 at 10:37 a.m. (Suggest removal)
THEY DID NOT PROVIDE AN OFFICIAL RULLING BECAUSE ALL OF THE FACTS ARE NO ON THE TABLE! THE BOY HASN'T EVEN BEEN FOUND GUILTY OF ANYTHING. THEY WANT TO WAIT AND SEE WHAT HAPPENS WITH ALL OF THAT, BUT FOR NOW THERE IS NOTHING BUT SOME GIRLS HERESAY. ARE YOU JUST DUMB OR WHAT?
Posted by prosperous_hb on July 3, 2008 at 10:38 a.m. (Suggest removal)
I think that some Clemson alumni paid this young lady off so that she would not come to court or press any charges.....
Posted by mcfadden00 on July 3, 2008 at 10:40 a.m. (Suggest removal)
The Clemson Judicial Review Board is notoriously harsh. It is a good sign that he remains in good standing.
Why does every story on a Clemson or SC athlete have to become a display of idiots on both sides baiting each other into bickering in the comments section? In this case, can't you Gamecock fans suspend your glee at a Clemson athlete actually getting arrested and look at the facts and realize that you yourself could be dealing with a similar claim one day.
It would make an interesting story to examine the rising problem of females making false claims (which this MIGHT be) against high profile men for revenge or monetary gain in a settlement.
This does a major disservice to the thousands of women who are actually being battered in this country every day.
Some of you can keep ignoring the emerging facts of this case and pretend that Clemson has a university full of "woman-beaters" but saying it's so over and over DOES NOT MAKE IT TRUE. Right now, the facts are that NO ONE witnessed this supposed severe beating that according to the police report, moved outside (at 7:30 am mind you) and in fact, there are 3 people who witnessed the event and refute the accuser's claims. One of which is a female neighbor that heard the girl laughing and stating in essence, that she knew how to work the system. Alot of you don't want to examine those facts. You just say Clemson is paying them to say that and thus, continue on with your delusions.
So go ahead and commence with the obligatory "orange veil of secrecy" comments...
Posted by SCHoser on July 3, 2008 at 11:13 a.m. (Suggest removal)
Garcia arrested at least 3 times in 13 months, and McDaniel is arrested once, and it looks awful fishy. No comparison here, just complete Nonsense! In the article, it says all she had to do was provide some evidence. She had several methods of which she could do this, but did none. I'm not sure that it was required she even be there, she just had to submit some type of evidence. Also, it's not like they swept it under the rug, because the article also states they can revisit the matter if she comes forth with some type of evidence. I think the discovery phase will tell quite a bit.
Posted by jeff61 on July 3, 2008 at 11:30 a.m. (Suggest removal)
The good new is he can continue his social psychology studies as they pertain to men and women in abusive relationships which found that individuals in abusive relationships causing injury the perpetrators were primarily women. In clinically abusive relationships, men and women used physical abuse, although more women needed medical treatment for injury.
Posted by fantasy5 on July 3, 2008 at 11:45 a.m. (Suggest removal)
Concern, Clemson will not lose sleep over your daughters not coming there due to your ignorance of the judicial system. The school is taking every measure they can to be fair to all parties involved. On another note, the process is not done. He hasn't been cleared of the crime; he has only been permitted to stay in school based on the info the school was given to make a decision. The girl can still show up at any point, present her side of the case, and if the evidence is plausible I guarantee you McDaniel will be kicked out of school and needless to say off the team. Also, why are we talking about fear? Nothing is going to happen to her if she shows up! This guy does not have all sorts of connections to hurt her should she come forward, he is a 19 year-old college athlete. There will be police present and absolutely nothing will happen to her. If he was threatening her or intimidating her, someone with authority would know about it, and obviously that's not the case.
Guy's, just let the case unfold, obviously the media is going to put this out there for all of us to debate, but in reality these discussions should take place after all facts have been presented and brought before a jury... Neither of which is even close to happening!
Posted by wegwam on July 3, 2008 at 11:51 a.m. (Suggest removal)
i dont know or presume to know mcdaniels innocence or guilt. however, i find it hard to believe that 3 people witnessed this incident at 7 30 am. when i was in school i couldnt find one person awake at 9 am, yet these 3 are awake.(hmmm)
obviously someone did something to this girl for her to have bruises and such on her face and neck. these injuries, corroborated by the central p.d. are not madeup as landlord would have you believe.
landlord, you sir are a moron. to paint all women with such a wide brush is classless and sexist. you reference boyd's statements to prove how classless Carolina is. do you remember yusef kelly kicking a helpless, helmetless player laying on his back? i sure as hell do. do you know how many community hours boyd has spent in the columbia area working with youth and such. no you dont because you are ignorant.
Posted by fantasy5 on July 3, 2008 at 11:53 a.m. (Suggest removal)
What kind of psychobabble is that Jeff? Half of your comment made no sense. lol, get your act together man...
Posted by wtjham on July 3, 2008 at 11:55 a.m. (Suggest removal)
Why does she have to prove anything to Clemson University? CU is isnt the end all. There is a criminal case going on that holds alot more weight then a simple CU. He may play football, but he may get locked up for some time too.
Posted by fjms on July 3, 2008 at 11:55 a.m. (Suggest removal)
Great point’s fantasy5. I am a Clemson fan and want to make sure the right decision is made. If he is innocent, then let him play but if he is guilty then he should go to jail. I used to always rush to judgment in a case like this but after the Duke case I just wait things out. I still feel bad for the Duke team and accused player b/c they lost a year of athletics at college.
Posted by General on July 3, 2008 at 12:05 p.m. (Suggest removal)
This "Hearing" was held at Clemson University.
Larry Williams tried his best to keep that information as low key as possible in his article. This was one of the most biased articles that I have ever seen him write. Larry is not that stupid but he must think that we are.
Posted by mauiturtle on July 3, 2008 at 12:07 p.m. (Suggest removal)
This is ridiculous. Landlord - stop calling everyone else idiots until you look up the definition of hearsay.
The fact that everyone is automatically assuming the girl is lying is ridiculous. All of you supporting this kid and immediately saying this girl is lying are conveniently forgetting (intentinally ignoring) that she has medically documented injuries which match her description of the events, and NO ONE witnessed what went on in the bedroom where the worst of the attack occurred. Also, when compared to eachother, the witness statements from inside the apartment are pretty inconsistent, obviously questionable since they came from some of his best friends, and only attempt to dispute a small portion of what the accuser says happened.
The truth is likely somewhere in the middle, which does not mean, in any way, that McDaniel is innocent. How did she get the bruises and neck sprain? Even the police chief says they are obviously not self-inflicted and he's also not sold on the veracity of the witness statements. She might not have come forward during the judicial review board hearing b/c of fear, intimidation, or any number of reasons that do not mean she is lying.
The fact that so many of you make so little of a young girl possibly being beaten by a guy nearly twice her size is pathetic. This is not the kind of instance you can take lightly. Just imagine if it was your daughter or sister that came to you and told you all of this. Think you'd be so quick to dismiss her as you have been here?
Posted by fantasy5 on July 3, 2008 at 12:09 p.m. (Suggest removal)
Wegwam, yeh, helpless and helmetless... No one carried him into that fight AND that stupid kid took his helmet off on his own. He got the crap knocked out of him( which I thought was pretty funny), and then got kicked in the head, which I have to say I don't agree with. Now this is one of my more tasteless comments, but you guys were in that fight too, so just to point out the crappy things we did there would be ignorant of the whole situation. I'm not condoning what happened, but you need to be more objective there..
On your other point, as a college athlete I was awake every morning anywhere from 6-7:30 because we had early classes in order to be done for practice. We also had early summer workouts to beat the heat. I agree that if you aren't an athlete then you were likely doing what I wanted to do and partied hard and slept late, but most athletes are up pretty early for the same reason. Just throwing that out there...
Posted by ashleyriver on July 3, 2008 at 12:19 p.m. (Suggest removal)
General---I am hesitant to respond to your accusation that Larry Williams has written an article that is somehow "biased" towards Clemson......but, you need to check on Mr.Williams alma mater prior to making inane comments like that one.
Posted by jeff61 on July 3, 2008 at 12:44 p.m. (Suggest removal)
Posted by fantasy5 on July 3, 2008 at 11:53 a.m. (Suggest removal)
What kind of psychobabble is that Jeff? Half of your comment made no sense. lol, get your act together man...
Straight off the web site on the subject I copied it from.
Posted by OldSalt on July 3, 2008 at 12:56 p.m. (Suggest removal)
"Pacman McDaniel" - has a nice ring to it...
or perhaps "Tank McDaniel"?
At any rate, DeAndre has nothing to worry about.
Worst case scenario: drafted late 2nd/early 3rd round by Jerry Jones.
BTW, AttyGen, at "another school in SC" they'd just dismiss Mr. McDaniel's actions as hazing one presumes.
Posted by charleston_grown on July 3, 2008 at 1:14 p.m. (Suggest removal)
I am a avid clemson fan, and definitely enjoy the rivalry between the two schools. However, when an athlete, at any school, comes under the scrutiny of the law for whatever type of offense, it is important to find all the facts before the public starts to publicly condemn them. We have seen this countless times in sports, and too often reputations and careers are tarnished before their day in court and the truth seemingly goes missing. I really doubt anyone on this site either knows McDaniel, the accuser, or the actual events that unfolded that morning. So we can continue to speculate, point fingers, and bicker like children, but we need to realize that a young woman and man's life are hanging in the balance, and we need to let the proper officials deal with the issue. If not, we may all look like idiots in the end.
I really do enjoy the rivalry and going back in forth with opposing fans over sports issues. However, i think we need to grow up as fans and let these issues unite us rather than divide us. Regardless of the outcome, this type of behavior should not be tolerated and we as a community should take a stand when the truth comes out.
Posted by huj on July 3, 2008 at 1:27 p.m. (Suggest removal)
Excellent news. The girl didn't show up, nor did the evidence. Starting to smell a bit.
The university is doing the right thing in forgoing a permanent response for a year pending the presentation of evidence. Innocent until proven guilty.
Posted by rebel1 on July 3, 2008 at 2:28 p.m. (Suggest removal)
you clemson people supporting this guy are idiots. SHE DOESNT OWE CLEMSON OR THERE JOKE OF A BOARD ANYTHING. THEY WANT EVIDENCE. GO TO POLICE DEPT AND GET COPY OF REPORT. GO TO ER AND GET COPY OF MED REPORT.WHY DOES SHE HAVE TO TELL THEM ANYTHING. THE INFO IS OUT THERE. JUST ANOTHER WAY FOR THE PUTTY KATS TO SWEEP IT UNDER RUG. AT LEAST USC ADMITS THEY HAD A FEW PROBLEMS.CLEMSON ON THE OTHER HAND, WELL TAMMY WILL TELL HIM TO GO TO CHURCH, SAY A PRAY, AND SEE YOU AT GAMETIME. GEEZ, WHAT A BUNCH OF DINO'S
Posted by tightlines on July 3, 2008 at 2:43 p.m. (Suggest removal)
scnative4ever -- nice post. You need to chill with 2001... CU players rub a rock while running down a hill.
Take your orange glasses off and look at the situation. This kid beats up a girl half his size and come time for the school's judicial services committee she's a no show. It looks fishy.
Posted by Chanticleer on July 3, 2008 at 2:52 p.m. (Suggest removal)
All you SC fans saying that the girl doesn't owe Clemson anything are right, she doesn't. It's YOU that wants him out of school and off the team because apparently all of you were there when this "incident" happen. You all seem to know he is guilty. So the girl owes it to all of the gamecock fans to show up and give her statement. McDaniel is in good standing because Clemson's board only has his side of the story.
And for the person who said no student at their college was up at 6-7 in the morning, what kind of school did you go to? Many people I knew got up very early to study or were still up drinking....the latter was more popular at Coastal.
FREE MCDANIEL, FREE CARL LEE!
Posted by tightlines on July 3, 2008 at 3:02 p.m. (Suggest removal)
Negative Chanticleer. All the guys I work with that went to Clemson want this kid gone. You guys have your blinders on. Hopefully the truth will come out but I bet Bowden has gathered up all the facts like he said he would. Will we ever hear the facts or do we wait until the next time his girlfriend throws herself down a fight of stairs?
Posted by Chanticleer on July 3, 2008 at 3:17 p.m. (Suggest removal)
In this country, the one that we all are going to celebrate tomorrow, we are all innocent until proven guilty. There are 2 ways to prove one's guilt: 1) By that own person's admission, 2) By a jury of his/her peers. Mcdaniel claims he is innocent and as far as I know no jury has convicted him of anything. So who in their right mind wants this innocent kid throw off the team and out of school. Are you people from this country?
Posted by wegwam on July 3, 2008 at 3:49 p.m. (Suggest removal)
maybe they were awake to go to workouts, but i doubt they were up studying.
so they will say "we wont punish him til after the trial which could take a year." what a joke.
if the university was actually concerned about the young woman, then someone would ask for a speedy trial. as i recall this occurred rather hastily last month regarding randy scott. instead they will let him play all year.
hell if i was him i would want trial before football season so i could prove my innocence. i would not want that hanging over my head all season. unless of course, i knew that i was guilty. in that case i reckon i would want to play one last year and delay the inevitable.
Posted by mauiturtle on July 3, 2008 at 3:57 p.m. (Suggest removal)
Yes, in a criminal trial the law presumes we are innocent until proven guilty. However, its a bit premature to declare him innocent (or guilty for that matter), when the trial is 6 months away. Whether he should be suspended until that time is another question. Personally, I think Bowden should have already suspended him pending further investigation. At this point in time, since everything is "voluntary" in college football, it would amount to nothing more than a symbolic gesture that Bowden, the athletic dept, and the University consider this to be a serious matter. Then, after the judiciary board has met and given its ruling (or lack thereof), Bowden could announce either that he has considered all the evidence and will reinstate McDaniel based upon an earnest belief in his innocence, or that he will remain suspended pending the outcome of the legal proceeding. The same decision has to be made either way, but taking this path makes Bowden and the University appear proactive and responsible. As it stands now, it looks more like they're trying to protect their season even when "there's no excuse for domestic abuse" (which it would be if they were married).
Posted by Niko11 on July 3, 2008 at 5:12 p.m. (Suggest removal)
Im sure that this will amount to a bunch of smoke with no fire. If something did happen, in the end it will be proven. CU will take this and learn even if nothing did occur. Carolina should take notice to the situation as well since this hasnt happened that we know of. I love this rivalry, but lets keep it on the field and out of the courtrooms and strangers lives. Keep state pride
Go Cocks!
Posted by fjms on July 3, 2008 at 7:48 p.m. (Suggest removal)
I knew it's immature of me but I always laugh when I hear people (especially guys) so "Go Cocks!"
Posted by Attygen on July 3, 2008 at 10:12 p.m. (Suggest removal)
If OldSalt reads this , I was just speaking to the comment that Garcia "is out of school". Is that a breaking story - I thought he is going to be a starter this year . And my question about what school he's in wasn't to point to USC'S numerous transgressions , but was meant to question whether Garcia actually attends school .