THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, October 18, 1996 TAG: 9610180720
SECTION: SPORTS PAGE: C3 EDITION: FINAL
SOURCE: BY LARRY W. BROWN, STAFF WRITER
DATELINE: NORFOLK LENGTH: 74 lines
Joe Bunn, dismissed from the Old Dominion University basketball team last month after his ex-girlfiend filed criminal charges against him, Thursday was found guilty of misdemeanor assault and battery in General District Court.
He was ordered to serve 60 days in jail, spend 75 hours in community service and pay a $100 fine.
Bunn was released on a personal recognizance bond after his attorney, Michael Fasanaro Jr., said he will appeal the conviction in Circuit Court. Bunn declined to comment.
``In Circuit Court I hope a judge will permit this young man to go on with his life,'' Fasanaro said.
Bunn, ODU's leading scorer and rebounder last season, was dismissed from the team Sept. 23 and withdrew from school the following day. Charges were brought against Bunn by Holly Rivers, a member of ODU's women's tennis team and his ex-girlfriend. After Rivers filed charges, Bunn swore out a warrant for assault and battery against her.
General District Judge Katherine Howe Jones sentenced Bunn to six months in jail and a $250 fine, then suspended all but 60 days of the jail time and $150 of the fine. The misdemeanor charge carries a maximum penalty of a year in jail.
Jones dismissed the assault and battery charge against Rivers.
``Ex-boyfriends that batter women grow up to be husbands that batter women,'' Jones said in imposing the sentence.
The sentence wasn't what either Bunn or Rivers wanted.
``Neither party is really happy with the outcome,'' said Harry D. Harmon Jr., Rivers' attorney. ``She would've rather (had) mutual dismissals. That's what they both wanted.''
Both Bunn and Rivers were represented by court-appointed attorneys.
Through tears, Rivers recounted the incident that took place in Bunn's residence at ODU's Powhatan Apartments in the 4600 block of Powhatan Avenue.
In the early morning of Sept. 23, the two were talking about their breakup when the conversation became heated, she testified. Rivers left the building with Bunn not far behind.
While outdoors, he called her a name. In return, she testified, she slapped him, then went back to his room to retrieve a card she'd given him earlier.
Then things turned uglier.
Bunn prevented her from leaving by blocking the door, Rivers testified and there were more angry words.
She tried to leave about five times, but Bunn roughly shoved her back onto a bed, she testified. Throughout, she pleaded with him to let her go.
He finally did, she testified.
According to an earlier report written by ODU police officer Brian Schobel, Rivers was treated at Sentara Norfolk General Hospital ``for a split lip, contusions to the head and facial area, bruises to the arms and a possible torn ligament in the right thumb.''
However, in court Thursday, Rivers said she mainly suffered a swollen lip and thumb. Her face was red and swollen from crying, she said.
Rivers, a junior from Acton, Mass., declined to be interviewed.
Bunn, who pleaded not guilty, admitted he shoved her to the bed several times, which he said he seriously regrets. Bunn said Rivers hit him each time she got back to her feet.
``I didn't think she was trying to leave because when she got up she would strike me,'' he testified. ``I just lost control.''
Bunn said he'd never hit Rivers or any other woman before and that he was willing to get counseling, which was something both parties were hoping for.
``I recognized I had a problem with my anger,'' he said.
Jones, however, found him guilty.
``I think it definitely sends a signal out to men who like to batter women,'' said Harmon, Rivers' attorney.
After leaving ODU, Bunn returned to his Rocky Mount, N.C., home where he lives with his maternal grandmother. His parents are deceased. ILLUSTRATION: Color photo
Joe Bunn will appeal the conviction, his attorney said.
KEYWORDS: ASSAULT by CNB