Roby's Next Court Date

Evansvillebuckeye's picture
July 23, 2013 at 3:42p
34 Comments

Next scheduled court date is August 26, 2013 at 2:15.  Sam Shapiro will enter his appearance for Roby. There is little, to nothing else in the record at this time.  There could always be a possibility that this county has a pre-trial diversion program - which allows for a dismissal of all charges for first time offenders if they complete the program.  The only problem with this scenario, is that they would have to plead guilty first.  Many counties in Indiana have such programs, and I'm fairly certain Monroe is one of them.  One cannot plead no contest to a misdemeanor, however.

If the State were to reduce the charge to a simple battery (that is, without the allegation of injury, which, in this case is simply pain) it would still be a B Misdemeanor, punishable by up to 6 months in jail.  Many times in our jurisdiction, we allow defendants to plead to Disorderly Conduct, which is also a B misdemeanor - this would be for either fighting or tumultuous conduct; or for making unreasonable noise after being told to stop.  In most cases, unless you find yourself in a very small county with jail space, these type of charges are met with suspended sentences and fines and costs.

Comments

mh277907's picture

Thanks for the insight. Coming from someone who got into a little bit of trouble with the law back in school, I hope he learns his lesson as I know it was something that I never wanted to have to go through again.

buckeyebobcat

FROMTHE18's picture

suspended sentences? Would Roby have to serve the jail sentence at some point in time then?

BuckeyeinSavannah's picture

No, it would be suspended...providing he stays out of trouble

But if he messed up again...then he'd go to jail.

Hovenaut's picture

Thanks for posting Evansville.

"Success...it's what you do with what you got" - Woody Hayes

smith5568's picture

Reading this makes me even angrier that I am studying for the bar. It does not test anything related to the actual practice of law. 

Evansvillebuckeye's picture

Welcome to the reality of being a lawyer...and good luck.

doodah_man's picture

That is just a cliché, usually used by people who are looking for an excuse to fail. If you are studying for the bar, get off 11W, crack open the books and get back to work...

Jim "DooDah" Day
It is hard to play dirty against a man who picks you up.

smith5568's picture

Not looking for an excuse to fail. It is true. Are you an attorney? If so, you realize that this is a true statement made by most people who pass the bar. The practice of law is predicated on nuanced research and procedure, neither of which the bar teaches or tests. The bar exam is a memorization test that does not relate to the practice of law.
I am in the two week tunnel attempting to memorize 18 subjects that are filled with rules, exceptions to those rules, and exceptions to those exceptions (again, if you are licensed to practice you know what I am talking about). Getting on 11W for a little sanity is OK when I am studying all day everyday.  

doodah_man's picture

Yes I am an attorney, for 15 years, and a partner. You will use civil procedure, contracts, tort and will occasionally use wills and trusts and domestic relations for those times to help either friends of the firm or to fill in gaps in revenue. I also use business corporations and secured transactions on almost a daily basis. 
I am glad to hear that you are studying every day and I wish you success. But I stand by my statement. It is just a cliche' and used as an excuse...

Jim "DooDah" Day
It is hard to play dirty against a man who picks you up.

smith5568's picture

My contention is not that you will not use the subjects tested. Of course you will use the subjects tested. However, I think you would agree that you don't have all of the law memorized to be spewed out on command. From what I have seen, and been told by practicing attorney's, strong research and analytical skills are the most important things for an attorney, not how well you can memorize the law. A savant could pass the bar exam, but it does not show that they can actually practice law. 
If it is a cliche and used as an excuse, than I know a lot of peers and licensed attorney's (even partners) who use the same one. I am continually told by other attorney's that the bar is a hazing ritual that has no bearing on how to practice law. I wouldn't be saying it if I didn't think it was true and hadn't been told it by people I have a great deal of respect for. I have so much left to learn about being a lawyer, that is because having the law memorized does not teach me how to be a lawyer. I suppose I wouldn't be writing such a long winded response if your opinion was one I had heard before, however I haven't, so it intrigues me as to how you have formulated your opinion.   
I have not formed my opinion solely from my own experiences, because I do not have nearly enough experience to form a full opinion, rather I have formed this opinion through my own experiences and the advice and counseling of numerous other attorneys.         

doodah_man's picture

I'll let him have the last word...oh wait...damn

Jim "DooDah" Day
It is hard to play dirty against a man who picks you up.

pjtobin's picture

The order, order, was to be expected. It was on my brain to write. You beat me to it. And I truly lol. Thank you. 
Will both attorneys approach the bench. Was my next thought. Not quite as meaningful though. 

Bury me in my away jersey, with my buckeye blanket. A diehard who died young. Rip dad. 

BierStube's picture

Something tells me Meyer and company may have a much more significant and lasting punishment in mind!  I truly want Roby to learn from this and part of it is accepting responsibility for his actions and the consequences that come with those actions.  I don't really know for sure, but is there not some actions that the University (not the football program) may take as well?  Generally from what I remember there was a student judiciary committee that dealt with student conduct issues (mostly on campus stuff).  Not sure it would even apply being that the incident occurred off campus.

"No matter where you go, there you are." B. Banzai

tampa buckeye's picture

This is total bullshit. I hate bouncers. Bunch of pussies.

AndyVance's picture

Yes, but do you hate them as much as we all hate campus towing companies?

BrewstersMillions's picture

Oh man, especially bouncers who really like to bounce. The Tater Salad bit about getting kicked out of a bar by one of those types of bouncers really hits home for any of us who have been asked to leave an establishment by a guy who's only discernable skill in life is the ability to repeatedly lift heavy objects.

4-6 seconds from point A to point B and when you get to point B, be pissed off

AndyVance's picture

LOVE that bit - one of White's best.

BierStube's picture

Except those bouncers in Road House, they are "nice until it is time not to be nice"

"No matter where you go, there you are." B. Banzai

cplunk's picture

I thought they'd be taller

741's picture

Alternate point of view to consider: I have been asked to leave a bar once, and even though in my mind at the time it was an unjust request I did so... Bouncers were not required.
Another alternate point of view to consider: Some years ago there was a rather large and muscular "gentleman" who made unwelcome advances towards a young lady and became belligerent towards her, and any nearby patrons who attempted to intervene (including myself and some friends)... I was happy to see the bouncers rapidly escort him down two flights of stairs and out the front door of the establishment without much regard for his his physical well being.

1stYrBuckIClub's picture

I have been on both sides... My buddy owns a bar and occasionally we will have to 'bounce' an unruly or belligerent patron. But usually we just explain that it's time to go, and nothing physical occurs, because it's a small town and they know that resisting will be met swiftly (and possibly painfully). I was once 'bounced' from a fraternity party for making out with a co-ed that one of the pledges had been trying to hook up with. I did so with minimal incident (out of respect for classmates that were president and v.p. of the frat asking me to kindly refrain from sending their pledge to the hospital). Sometimes it's just an ego getting in the way)

Brutus' Left Nut's picture

No, pretrial diversion is only for non-violent offenses.  Typically, you see them in alcohol or marijuana related offenses.  Roby won't be eligible.  It is extremely rare to serve jail time on a misdemeanor battery.  They always overcharge (if there was actually bodily injury they would have likely charged him with serious bodily injury - the felony version - to give them leverage in getting a plea).

Evansvillebuckeye's picture

Our county actually allows those charged with misdemeanor battery to participate in PTD, I'm assuming (yeah, I know, I know) that Monroe has similar guidelines.

cdsperr's picture

False. There is this whole thing called ethics us prosecutors have to abide by and that includes not overcharging, especially something as serious as aggravated battery which requires the loss of function of a body part for a period of time i.e. usually broken limbs or loss of motor function. Also, PTD is NOT just for non-violent offenses. Florida LB Antonio Morrison got it just last month after a physical altercation with a bouncer.

wibuckeye's picture

Things could be worse. 
@BryanDFischer: Yikes. RT @DSBerk: #ArizonaWildcats S Patrick Onwausor has been charged with 4 felonies, including poss of narcotic drug for sale

WIBUCKEYE

IBleedSandG's picture

The question is: What's worse, a douchebag bouncer or a lying-ass drunk chick?

"You pick up the rifle and go as hard as you can possibly go."
-UFM

ScarletGray43157's picture

If a player puts himself in this type of situation then chances are at some point there will be a negative result.  It is very possible to relax and recreate without going to a bar and becoming a target for someone trying to make a name for themselves.  It may seem unfair, but the only way to surely avoid such a situation is to not put yourself in position for it to happen.  

In old Ohio there's a team that's known throughout the land...

Toilrt Paper's picture

You are just asking for trouble if you go into enemy territory. 

Louisvillebuckeye's picture

I don't want to be labeled an apologist for this thought, but.........I couldn't tell you how many successful people (accountants, doctors, etc) I know that were arrested for one minor reason or another while in college (underage drinking, acting like idiots in bars or house parties getting out of hand),  I know these individuals were not superstar athletes, and understand that a responsibility comes with being in the public eye and representing a team/university that is providing the education and exposure a Roby is receiving.  Whatever he receives from the legal stand point will be handled, he will be punished by the team, and if he learns from the mistakes and thus learns to keep himself out of these types of situations in the future, I would lean towards saying chalk it up as a young immature man learning to become an adult that is responsible for his actions.  It is likely that these guys have been in these situations many times and made the right choices, but it takes only one lapse of judgment to ruin a lifetime of good deeds.  I hate what it gives the media an opportunity to do to my beloved buckeyes, and even more so hate the possibility of losing our best DB.  However, this is part of young men growing and I often grow tired of people judging college kids character based of one mistake that in the scheme of life is a blip on the radar.  Most of us and the media included have a skeleton or two in our closets.  Hope it doesn't seriously hurt this young mans future AS LONG AS HE LEARNS AND OWNS UP AND TAKES RESPONSIBILITY FOR HIS ACTIONS.....sorry for being so long winded! I'm long time silent stalker on the site and just decided to begin adding my two cents! Also, thanks for the legal insight and update!

 "I like to believe that my best hits border on felonious assault."
Jack Tatum

Crimson's picture

I couldn't tell you how many successful people (accountants, doctors, etc) I know that were arrested for one minor reason or another while in college

The internet is changing a lot of that.  Especially in markets with lots of candidates and few openings, employers are being picky about what you post on facebook or twitter, let alone if they find out about one of your arrests.  Anyone who gets convicted of something in college stands to lose a lot.  It may not seem fair, but it's done.

Louisvillebuckeye's picture

You are correct on that front sir!  The instant access to information makes the world like a classroom full of 14 year olds spreading rumors, doesn't matter if it is even correct information in most cases.  While the rest of the normal world is held accountable to own our bad decisions, the media is in a place today where they can ruin anybody's life/reputation with poor judgment in reporting, usually stemming from an attempt to be the first on the next "big" story.  That's why I love this sight, while the rest of the world spreads rumors, these guys wait for facts and let us average die hard fans spread the rumors amongst ourselves, which is where it belongs!  Good insight crimson, much appreciated!

 "I like to believe that my best hits border on felonious assault."
Jack Tatum

pjtobin's picture

I too have studied for the bar. Which one is cleaner. Which one has the live bands. Which ones can my wife dance for money. I have been removed from the bar also. And laying on your face on pavement is no way to study a bar. No matter how long you stare at the neon glow. 

Bury me in my away jersey, with my buckeye blanket. A diehard who died young. Rip dad.