PROVO — The Utah County Attorney's Office has come across new information regarding an April altercation that could affect what charges may be filed against a pair of BYU football players.
BYU running back Marcus Whalen and wide receiver Breyon Jones are the focus of the ongoing investigation by the university and Provo police for allegations that they and a third man beat up and took money from a mutual acquaintance named Yussufu Nsabimana in an April 14 argument over money.
The alleged assualts, according to Nsabimana's attorney, James Driessen, took place at Jones' apartment and later at Nsabimana's apartment. Nsabimana says he and the three others had been drinking. Nsabimana was treated at Utah Valley Regional Medical Center after the altercation, according to Driessen.
Utah County deputy attorney Tim Taylor said the victim's medical records are being sought, with the seriousness of the injury helping to determine if charges of aggravated robbery, robbery or simple assault would be filed. The three charges are a first-degree felony, a second-degree felony and a misdemeanor, respectively.
"We haven't made any decisions as of yet," Taylor said. "We hope to have the medical records pretty soon. We felt we needed that information to assist us in deciding what charges could be filed."
Police and prosecutors are treating the unnamed third man as a witness, Taylor added.
Whalen, whom BYU suspended in 2001, withdrew from BYU earlier this month and is seeking a transfer to Southern Utah University. However, his ability to enroll and play at SUU is up in the air until BYU decides on Whalen's transfer status and standing at the university.
A "good standing" enables him to apply and play this fall. Without that, NCAA regulations require him to sit out a year.
Monday, BYU spokeswoman Carri Jenkins said Whalen's honor code review is still incomplete. He had been informed by letter after his withdrawal that he would be suspended from school until January 2005.
Contributing: Dick Harmon