DATE: Saturday, March 22, 1997              TAG: 9703220498

SECTION: SPORTS                  PAGE: C2   EDITION: FINAL 

SOURCE: BY LISA K. GARCIA, LANDMARK NEWS SERVICE 

DATELINE: CHRISTIANSBURG                    LENGTH:   56 lines

3RD CHARGE DISMISSED IN VA. TECH BEATINGHOLES IN TESTIMONY IN GROUP ATTACK ON A TRACK ATHLETE HELPS DEFENDANTS AGAIN.

The third of eight criminal cases against current and former Virginia Tech football players charged in a brawl last year was dismissed Friday in Montgomery County Circuit Court.

Linebacker Michael T. Hawkes was indicted on a misdemeanor assault charge along with six other football players and one former player on Nov. 6, after a nine-week investigation by Blacksburg police. All three cases heard so far have resulted in dismissals.

Authorities said their investigation showed that Hawkes tackled Hilliard Sumner III on Draper Road. Witnesses said after Sumner was tackled he was hit, kicked and beaten with a cane. Police interviewed about 75 of the more than 200 people in the area of the brawl, which occurred after a party at Squires Student Center.

Circuit Judge Ray Grubbs said it is ``a real tragedy'' that a man can be beaten by a mob with so many witnesses and no one can come forward and identify any of the people involved. He said inconsistencies in the testimony Friday constituted the reasonable doubt needed to dismiss the charge against Hawkes.

The first case, against former player Greg Melvin of Virginia Beach, never went to trial because Sumner, who suffered a broken collarbone in the Aug. 31 incident, said the charge was lodged because of a misunderstanding. He said Melvin never hit him, but did hit his friend, Jonathan Nelson.

The most serious charge - felony attempted malicious wounding - was dismissed Monday against Angelo Harrison. Another football player, linebacker Tyron Edmond, testified that he had the cane that the prosecutor said Harrison used to break the victim's collarbone. That contradicted the testimony of Sumner and another witness.

Such discrepancies are plaguing the trials, where several teammates and friends are testifying on the defendants' behalf. The testimony of the lead investigator has worked somewhat in favor of the defense, rather than the prosecution.

Detective Danny Compton testified that Sumner told him more than once that Melvin hit him. Sumner denies that statement.

On Friday, the defense called John Ballen, Tech's assistant athletic director in charge of football operations, who testified that Sumner also told him and football coach Frank Beamer that Melvin hit him.

Sumner testified that during the meeting with Beamer and Ballen he used a media guide to ``put names with faces'' and to identify who was involved. He said it was a combined list of who hit him and Nelson.

Several witnesses said they saw Hawkes standing at the corner of College Avenue and Draper Road, at least 15 feet from where Sumner was being beaten. The only witness who could identify Hawkes as the one who tackled Sumner was Sumner himself.

Edmond and Brian Edmonds will appear in court Monday. The last three players, Sean Sullivan, Nathaniel Williams and Cornell Brown, will be tried in mid-April.

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