McQuillan charged with 2nd degree assault | Page 2 | The Boneyard

McQuillan charged with 2nd degree assault

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WingU-Conn said:
IIRC a felony 2 is hitting someone with anything other than a fist. (kick, knee, elbow, object?). Fights happen, fights between teammates or friends happen. Hopefully this was a minor incident and he can continue on at UConn.
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Sec. 53a-60. Assault in the second degree: Class D felony. (a) A person is guilty of assault in the second degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm; or (3) he recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (4) for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without his consent, a drug, substance or preparation capable of producing the same; or (5) he is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, he causes physical injury to such employee or member.
 
huskymedic said:
Sec. 53a-60. Assault in the second degree: Class D felony. (a) A person is guilty of assault in the second degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm; or (3) he recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (4) for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without his consent, a drug, substance or preparation capable of producing the same; or (5) he is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, he causes physical injury to such employee or member.
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That clears it up.

He could've intended to injure somebody and did.

He could've intended to injure someone and did with a weapon (excluding a gun).

He drugged someone.

He intended to injure his Parole Officer.
 
Suspend him pending outcome of investigation. It's a privilege to wear that football uniform.

As to the case itself, I think alot will depend on roommates cooperation. Could be subbed to assault 3 (misdemeanor), could also apply for a program if it gets subbed.

Highly dissapointing. And he was supposed to be a team leader.
 
No one on this squad is good enough to overlook anything serious, nor most things minor.

Anything above a drunken scuffle and he should be dismissed from the team. Let the school figure out his university standing as they would for anyone else.
 
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sanchez42885 said:
I think this past weekend was whatever is left of Spring Weekend. The thing with the victim being a roommate is they usually room with teammates so it'll be interesting to find out if that is the case here.
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Nope...that's THIS weekend.
 
Jimmy Serrano said:
That clears it up.

He could've intended to injure somebody and did.
He could've intended to injure someone and did with a weapon (excluding a gun).
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It's the "dangerous instruments" that usually cause the problem...
  • "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ. It is important to note that the article need not be inherently dangerous; all that is required is that the article was capable of causing death or serious physical injury under the circumstances in which it was used. Any article or substance, without limitation and even though harmless under normal use, may be found by you to be a dangerous instrument if, under the circumstances of its use or threatened or attempted use, it is capable of producing serious physical injury or death. The state need not prove that in fact death or serious physical injury resulted, only that the instrument had that potential under the circumstances.
 
This is pretty serious stuff. Unless the fight was over a video game (particularly NBA Jam), he deserves to be tossed. If it was a fight over NBA Jam, I could be a little more understanding. Who hasn't gotten into a fight with a roommate while playing NBA Jam?
 
huskysupporter said:
Suspend him pending outcome of investigation. It's a privilege to wear that football uniform.

.
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Frankly I'm so disgusted with the way he disgraced the uniform, that I view it as no longer useable... we should get new helmets just to make a statement that this is unacceptable at the University of Connecticut.
 
Just to add, if this was a normal fistfight, he would be charged with assault 3, a misdemeanor. And would likely not result in a conviction.

Assault 2 is far more serious.
 
.-.
I'm pretty sure its the "significant facial injuries" that rose it to Assault 2.
 
Uconn police have been overzealous with charges against athletes in the past. Im wondering why it was campus police if it was off-campus? Regardless, If Diaco is following a standard though, good chance that the spring game was mcquillans last game in a uconn uniform.

Unfortunate because when diaco talked about maintaining 100% player retention a few months ago, I think he was serious. Dont have the roster depth -yet-to lose players for any reason.

You hope the player learns from it. If I had to venture a guess, purely my own speculation, based on the reports, this fight was a domestic issue between young adult men, and most likely over a girl they were both sweet on on, and the confrontation was a physical matchup between the roommates in a fight, was a mismatch in mcquillan's favor. Be interesting to know who started swinging, pretty clear who finished it.

Unfortunate part of life. Violence. Live and learn when its appropriate and not.
 
huskysupporter said:
Just to add, if this was a normal fistfight, he would be charged with assault 3, a misdemeanor. And would likely not result in a conviction.

Assault 2 is far more serious.
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I think, as has already been suggested, that judgement and resulting punishment be based on fact. Did anyone learn anything from the Duke Lacrosse mess? The whole world was pushing to immediately execute college athletes and a coach was forced to resign; mostly because he believed his players, and said so.

In the end, it was B.S. A damn Prosecutor was disbarred.......disbarred for Christ sake!

If the player's guilty, he should be punished. That punishment should be consistent with punishment any other student would get for the same transgression. No more, no less. Athletes should not be favored by the justice system. Nor should they be treated more harshly.
 
FAIRTIDES said:
I think, as has already been suggested, that judgement and resulting punishment be based on fact. Did anyone learn anything from the Duke Lacrosse mess? The whole world was pushing to immediately execute college athletes and a coach was forced to resign; mostly because he believed his players, and said so.

In the end, it was B.S. A damn Prosecutor was disbarred..disbarred for Christ sake!

If the player's guilty, he should be punished. That punishment should be consistent with punishment any other student would get for the same transgression. No more, no less. Athletes should not be favored by the justice system. Nor should they be treated more harshly.
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Unfortunately in the court of public opinion, reasonable thought is left at the door.

The sooner all the facts are out in the open, the better as far as I'm concerned. Did the player hit another person with something other than his own fists? Big question - I'm no lawyer or cop, but reading the statute, the rest of the stuff is minutiae beyond the difference between a fist fight, and fight that involves some sort of object used to hit (or defend). What is this other pending court charge about? Another important question.

The facts now are that McQuillan has not 1, but 2 court dates now for different things in the next 2 months. What's going on with this guy? Somebody needs to figure it out.

It's pretty clear to me, that establishing more than 1 court date is not the kind of leadership is not the quality of leadership that Diaco preaches that he wants. It's certainly not what I want in a senior captain type of player.

If these court dates are products of unfortunate circumstance, and the UCONN police booking a football player on this kind of charge without there having been an object of some sort other than fists involved or something, is not a hypothetical that I find hard to believe, and whatever the automobile charge may be - if it's a DUI and he's going for accelerated rehab, vs. and unpaid parking ticket - these are circumstances that need to be sorted out.

I think that the sooner it all gets a spotlight shined on the facts, the better, and until then there is no choice but to suspend the kid internally. I have no idea what kinds of actions that means, but the scholarship certainly has to be weighed.

I understand your point Fairtides about athletes being the same as a general student, and I agree with that in the strict sense of law and order, but the counter/ and my opinion is that scholarship athletes need to be held to a higher standard at least internally within the university.
 
I just re-read that statute that huskymedic put up again.

Would appreciate if the lawyers on board would clarify the first part of the statement. It seems to me that it is the discretion of the arresting officer to make a charge that can be either a misdemeanor or a felony in a pure fist fight. The extent of the injuries inflicted on the individual would be such a thing that would lead such a judgement call?

This reminds of that old story of the idea of boxers registering their fists as weapons.

My first instinct in learning of this today, was oh - great - the UCONN cops. Honestly. If it was state cop or even a local cop charge, I'd feel differently.

I really wouldn't put it past the UCONN cops to lean toward the heavier charge knowing it was a football player.

No matter what, McQuillan is going to have some 'splaining to do, and hopefully the punishment will fit, both from the football program and the school, and from the court system.
 
.-.
Carl Spackler said:
Uconn police have been overzealous with charges against athletes in the past. Im wondering why it was campus police if it was off-campus? Regardless, If Diaco is following a standard though, good chance that the spring game was mcquillans last game in a uconn uniform.

Unfortunate because when diaco talked about maintaining 100% player retention a few months ago, I think he was serious. Dont have the roster depth -yet-to lose players for any reason.

You hope the player learns from it. If I had to venture a guess, purely my own speculation, based on the reports, this fight was a domestic issue between young adult men, and most likely over a girl they were both sweet on on, and the confrontation was a physical matchup between the roommates in a fight, was a mismatch in mcquillan's favor. Be interesting to know who started swinging, pretty clear who finished it.

Unfortunate part of life. Violence. Live and learn when its appropriate and not.
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WOW you have already written the screenplay and the book isn't even out yet. Glad you used the purely my own speculation disclaimer. :D
 
Well, motor vehicle case in court could be anything from a DUI down to a parking ticket hearing. I seriously doubt it's something at the level of a DUI or else someone would've reported it by now, probably more along the lines of excessive moving violations of some kind.
 
huskymedic said:
Sec. 53a-60. Assault in the second degree: Class D felony. (a) A person is guilty of assault in the second degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm; or (3) he recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (4) for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without his consent, a drug, substance or preparation capable of producing the same; or (5) he is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, he causes physical injury to such employee or member.
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Number 3 would be the most innocuous. Recklessness means he knew or reasonably should have known the potential for injury and dangerous instrument could mean pretty much anything.

Scenario: You ever heard of a situation where you/one of your friends sees how close they can swing a fist to your body before pulling back to make you "flinch"? What if McQuillan and his roommate were drunk, they were playing the made you flinch game with some sort of hard object, and McQuillan accidentally lets one fly - or maybe the friend moves into the line of fire. That seems like it would fit the definition of the crime, and surely would be pretty stupid ... but it doesn't seem so morally culpable that he should be kicked off the football team.
 
HuskyFan16 said:
Number 3 would be the most innocuous. Recklessness means he knew or reasonably should have known the potential for injury and dangerous instrument could mean pretty much anything.

Scenario: You ever heard of a situation where you/one of your friends sees how close they can swing a fist to your body before pulling back to make you "flinch"? What if McQuillan and his roommate were drunk, they were playing the made you flinch game with some sort of hard object, and McQuillan accidentally lets one fly - or maybe the friend moves into the line of fire. That seems like it would fit the definition of the crime, and surely would be pretty stupid ... but it doesn't seem so morally culpable that he should be kicked off the football team.
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Yes this is it! This is what led to a felony charge.
 
whaler11 said:
Yes this is it! This is what led to a felony charge.
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Sarcasm. What a refreshing take.

My point was only one that you have already made - we have no idea what happened so why should anyone on this board take a stance of righteous indignation and say definitively "Kick him off the team!" or "We can't kick him off if the SEC schools wouldn't do so!"
 
Carl Spackler said:
Uconn police have been overzealous with charges against athletes in the past.
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Since when do police initiate charges against a defendant? Wouldn't that be the district attorney's office or whatever they call it in CT?
 
.-.
FAIRTIDES said:
I think, as has already been suggested, that judgement and resulting punishment be based on fact. Did anyone learn anything from the Duke Lacrosse mess? The whole world was pushing to immediately execute college athletes and a coach was forced to resign; mostly because he believed his players, and said so.

In the end, it was B.S. A damn Prosecutor was disbarred..disbarred for Christ sake!

If the player's guilty, he should be punished. That punishment should be consistent with punishment any other student would get for the same transgression. No more, no less. Athletes should not be favored by the justice system. Nor should they be treated more harshly.
Expand ...

Agree. The problem is of course is that while 99% of all college athletes across all sports and all divisions I/II/III) abide by the law and receive no such favoritism, that 1% who royally screw-up in college, get caught, slapped on the wrist because of what they do on the field (and generate $$ off), and then repeat ruins it for the rest.
 
brasssbonanzaa said:
Well, motor vehicle case in court could be anything from a DUI down to a parking ticket hearing. I seriously doubt it's something at the level of a DUI or else someone would've reported it by now, probably more along the lines of excessive moving violations of some kind.
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No. The file is statutorily sealed. That means it was something. Either DUI or a crime for which accelerated rehabilitation was granted. Impossible to tell which due to the sealing. Hopefully it is not AR, because that would make it unavailable for the current assault charge. Also interesting that the family is not using the typical UConn athletic department law firm of Rome McGuigan and is using Wynne Law Group instead. Not sure what that means . . .
 
CAHUSKY said:
Since when do police initiate charges against a defendant? Wouldn't that be the district attorney's office or whatever they call it in CT?
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No. Police do it.
 
HuskyFan16 said:
Number 3 would be the most innocuous. Recklessness means he knew or reasonably should have known the potential for injury and dangerous instrument could mean pretty much anything.

Scenario: You ever heard of a situation where you/one of your friends sees how close they can swing a fist to your body before pulling back to make you "flinch"? What if McQuillan and his roommate were drunk, they were playing the made you flinch game with some sort of hard object, and McQuillan accidentally lets one fly - or maybe the friend moves into the line of fire. That seems like it would fit the definition of the crime, and surely would be pretty stupid ... but it doesn't seem so morally culpable that he should be kicked off the football team.
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That could have happened. Or maybe this:
Scenario. The tooth fairy breaks into the apartment and tries to steal teeth from the roommates mouth causing all kind of damage. To throw the cops off the scent he/she leaves a few teeth and Sacajowea dollar coins on McQullan's bed, leading them to arrest him rather than the true culprit. It could have happened that way. UConn cops would have been easy to fool, no?
 
freescooter said:
That could have happened. Or maybe this:
Scenario. The tooth fairy breaks into the apartment and tries to steal teeth from the roommates mouth causing all kind of damage. To throw the cops off the scent he/she leaves a few teeth and Sacajowea dollar coins on McQullan's bed, leading them to arrest him rather than the true culprit. It could have happened that way. UConn cops would have been easy to fool, no?
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tin-foil-hat.jpg


Conspiracy Kitty says:
Aliens. I don't think anyone really expected them to stop at anal probing.
 
freescooter said:
The tooth fairy breaks into the apartment and tries to steal teeth from the roommates mouth causing all kind of damage. To throw the cops off the scent he/she leaves a few teeth and Sacajowea dollar coins on McQullan's bed ....
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Many assume the tooth fairy is female. Glad to see you are keeping an open mind. Thus the "like" :)
 
.-.
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