Tallahassee,Fla-Three Florida A&M University fraternity brothers avoided possible prison terms that two other defendants have received for felony hazing by pleading no contest Monday to a lesser charge in the beating of a prospective member.Each received probation, including 30 days in the Leon County sheriff’s work camp or a similar program, after entering the pleas to misdemeanor hazing. Prosecutors offered the plea deal only after two mistrials.
All five fraternity brothers were tried together. The second jury, though, convicted two of the defendants and each was sentenced to two years in prison. They are appealing.
Circuit Judge Kathleen Dekker accepted the plea agreement but warned Brian Bowman, 23, of Oakland, Calif.; Cory Gray, 23, of Montgomery, Ala., and Marcus Hughes, 21, of Fort Lauderdale, they still could get up to 11 months, 29 days in jail if they violate probation.
“I consider this crime, whether it’s a felony or a misdemeanor plea, to be serious,” Dekker said. “This is your chance to stay out of jail, and I hope _ I sincerely hope _ you do not blow it … You need to be perfect citizens.”
The five Kappa Alpha Psi brothers were the first people charged with violating a new state law that makes it a felony, with a five-year maximum, to commit hazing that results in serious bodily injury.
The victim, Marcus Jones, 20, of Decatur, Ga., was struck on the bottom with wooden canes and in the head with fists and boxing gloves during unauthorized initiation rites last year. A doctor operated on his buttocks to help heal a large bruise. Jones also suffered a broken ear drum.
He was not present but his father, Army Master Sgt. Mark Jones, was in the courtroom Monday.
“Whatever the court wants, whatever the court says,” the elder Jones said afterward. He declined comment on his discussion with Assistant State Attorney Frank Allman before the prosecutor offered the plea deal.
Allman later said the Joneses had no problem with the agreement. The key factor for both sides was that two juries already had been unable to reach verdicts for the three defendants.
The first jury failed to agree on any of the five defendants after struggling with a definition for serious bodily injury after hearing conflicting medical testimony on whether the victim’s injuries were serious. The term is not defined in the new law.
The second jury in December was unable to agree on Bowman, Gray and Hughes but convicted Michael Morton, 23, of Fort Lauderdale, and Jason Harris, 25, of Jacksonville, after Dekker crafted a definition of serious bodily injury.
That will be a major issue on appeal for Morton and Harris. They are being held in the county jail pending rulings by Dekker on motions for a new trial and to grant appeal bonds.
Neither jury was given the option of convicting the defendants on the lesser offense. The only choice they had was a felony conviction or acquittal.
After they were suspended by Florida A&M, Hughes enrolled at the University of Central Florida and Gray at Auburn University. Bowman, who completed graduation requirements before being arrested, will ask Florida A&M to grant him a degree now that his case has been resolved, said defense lawyer Chuck Hobbs, who represented all defendants except Harris.
Hobbs called the plea deal “bittersweet.” Most importantly for the three defendants is they no longer are facing potential felony convictions and will have clean records if they successfully complete probation, he said.
“As they mature and grow, it’ll be just a speed bump,” Hobbs said, “as opposed to something that will have a detrimental impact on their future.”