ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, August 6, 1996 TAG: 9608060086
SECTION: SPORTS PAGE: B-1 EDITION: METRO
DATELINE: CHARLOTTESVILLE
SOURCE: DOUG DOUGHTY STAFF WRITER
THE BASKETBALL STAR is convicted on counts of trespassing and resisting arrest.
Virginia basketball star Harold Deane, one of five people arrested at a private party in April, was found guilty Monday of trespassing and resisting arrest.
Deane, the Cavaliers' leading scorer and a second-team All-ACC selection last season, received a 30-day jail sentence that will be suspended pending two years' good behavior.
Assistant commonwealth's attorney Ron Huber said Deane faced a maximum penalty of $2,500 and 12 months in jail on both counts, classified as Class 1 demeanors.
``This sentence would be typical for an offense of this nature,'' Huber said.
Charlottesville general district court judge William Barkley dismissed charges against two of the defendants, including Deane's former UVa teammate, Mike Powell.
``It was tough because me and Deane are really good friends,'' said Powell, who transferred to Loyola (Md.) after the 1993-94 season. ``I thought they would dismiss all of the cases. I thought, coming down here, it was open and shut.''
Deane went immediately from the courtroom to a conference room to discuss the possibility of an appeal with his parents and his two lawyers, Scott Goodman and Roger Gregory. Upon emerging, Deane's father said the family would have no comment.
The UVa basketball staff was aware of Deane's legal problems when it was announced June 4 that he had taken a leave of absence from the team. He will not take part in any team activities, including an upcoming European tour, before the start of school.
``It's important for Harold to take some time to examine his priorities, focus on his academic work and concentrate on some personal issues without any basketball responsibilities,'' head coach Jeff Jones said in a statement released by the school.
Deane's attorneys attempted to have the charges dropped Monday on the grounds that Deane had received a special invitation to a party at the Fry's Springs Beach Club, had been inside the party and was not trespassing when he would not leave.
Jim Flynn, the manager of the club, had instructed a security guard to lock the door when the crowd inside the club reached 350. Several witnesses testified there were as many as 150 to 200 people outside the door at that point.
One of those people was Deane, who testified that he had left the party to find a UVa basketball recruit he was escorting. There were varying reports of what happened next.
``I advised him that he had to leave and he didn't acknowledge us in any way,'' officer James Hope said. ``We grabbed his arms and he pulled away from us. He did not attempt to strike a blow at that point, but I would say he was struggling with us.''
A second policeman, S.J. Upham, came to Hope's aid and said he was slammed against a mailbox before Deane and the two officers came to rest against a wall.
``It all started when somebody grabbed me from behind,'' said Deane, who, according to all reports, was pressed against the front door of the club. ``I didn't know who it was and I tensed up. I didn't swing at anybody.''
Deane was among the last to speak during a grueling 3 1/2-hour trial in which the defendants remained standing for testimony by the club manager, the student to whom he had contracted the building for the night, five police officers and three witnesses.
One of the witnesses, Ian Swain, said the fire marshal had completed a tour of the premises and had given permission for the club to re-open when Deane was arrested.
Of the four defendants who were charged only with trespassing, two were found guilty, although Barkley cited mitigating circumstances and required them only to pay a $75 fine.
Huber pointed out that, while Deane's fellow defendants all pleaded not guilty, none of them was charged with resisting arrest.
``We know the people heard the announcements because the crowd of 150 to 200 had dissipated to about 75,'' Huber concluded. ``He was told in person that he would have to leave or be arrested. Mr. Deane's suggestions that the officers came up behind him is just not credible.''
LENGTH: Medium: 85 lines ILLUSTRATION: PHOTO: (headshot) Deaneby CNB