PROVO — Breyon Jones, a Brigham Young University football player currently suspended from school, was sentenced Tuesday to 15 days in the Utah County Jail for his part in an April assault that left an acquaintance bloodied and bruised.
Jones will be allowed to serve much of that time in work release. He was also ordered to pay a $925 fine, $258 in restitution and to serve 12 months supervised probation.
"I don't think I will ever see you here again," said 4th District Judge Lynn Davis. "It was an aberration."
The sentence was essentially the same one Jones' co-defendant, Marcus Whalen, received two weeks ago. Jones attorney, Danny Frasier, argued that the punishment for his client should be less because Jones had no prior criminal record, held a 3.6 grade point average while at BYU, and is working 35-40 hours a week. He said Jones shouldn't serve jail time.
"He's an outstanding young man for the most part," Frasier said.
But Utah County Deputy Attorney Jason Sant argued that it would be unfair to give Jones a lighter sentence than Whalen, pointing out that it was Jones who was the instigator and main combatant in the fight.
"Keep in mind that a person who was just standing there as a bystander got 15 days straight time in the Utah County jail and one year probation," Sant said.
Sant said Jones punched Yussufu Nsabimna in the eye, in a fight over money, causing him to fall into a wall and damage it. He said later that night Jones sucker-punched Nsabimana while the victim was walking home.
"He made a decision to assault and to make a false statement to the police. That decision will affect the rest of his life," Sant said. "I'm not saying he's a bad person. I'm just saying he should serve his punishment."
Originally, Jones was charged with robbery, a second-degree felony, simple assault, a class A misdemeanor, and giving false statements at a preliminary hearing, also a class A misdemeanor.
But on Nov. 17, he reached a plea agreement with prosecutors, who agreed to drop the robbery charge in exchange for guilty pleas to the two other charges.
Frasier said the fight has been greatly exaggerated. He said Jones wasn't trying to rob Nsabimana.
"His attitude towards women was the reason Breyon had a problem with him," Frasier said.
In the end, Davis sided with the prosecution and gave Jones the recommended sentence.
Davis again lashed out at the media for what he felt was excessive coverage of the case.
"Why they would give more attention to a class A misdemeanor than a capital murder case is beyond me," he said.
He said Jones and Whalen have been "crucified" in the press, and expressed sympathy for them.
Jones can re-enroll at BYU in January and hopes to play football there next year.
E-mail: jhyde@desnews.com