NC State

Drug charges dismissed against three NCSU football players

Posted July 27, 2010
Updated July 28, 2010

— A judge on Tuesday dismissed drug charges against three North Carolina State University football players, ruling that police searched their apartment illegally.

Senior offensive tackle Jake Vermiglio, junior defensive tackle Markus Kuhn, junior tight end George Bryan and junior defensive tackle J.R. Sweezy were charged April 24 with possession of marijuana and drug paraphernalia. Vermiglio, Kuhn and Sweezy faced a judge Tuesday. A hearing on Bryan’s charges was postponed to a later date.

Defense attorneys argued Raleigh police officers illegally entered the players' apartment at College Inn on Western Boulevard. Police were called because a community adviser in the dorm smelled marijuana. A Raleigh police officer working off-duty at the apartment complex searched the apartment, according to the search warrant in the case

District Judge Keith Gregory ruled the officer’s entry into the apartment was not lawful.

“There was nothing to indicate tenants were aware of law enforcement,” Gregory said, adding that police should have obtained a warrant to enter the residence.

Raleigh police said officers did obtain a search warrant, but it wasn't until after they had entered the apartment.

"There are constitutional safeguards to all citizens of North Carolina. They certainly apply to these young men as well. And for that, Judge Gregory made the decision that the evidence was not admissible in this case," defense attorney James Jackson said.

N.C. State football coach Tom O'Brien had no comment Tuesday on the charges being dismissed, but he referenced the case during an ACC press conference Monday.

"I said when it first happened that appropriate action would be taken. It has been," O'Brien said, "We're moving on."

N.C. State confirmed that all four players remain on the football team.

"Obviously, a lot of time and worry has been devoted to this. Yet, at the same time, it's been a valuable learning experience," defense attorney Trey Fitzhugh said.

Vermiglio and Bryan are listed as starters at their positions on the Wolfpack spring depth chart. Bryan was named to the All-ACC first team as a tight end for the 2009 season.

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  • TruthBKnown Banned Again02 Aug 4, 3:36 p.m.

    All tob is going to do is asay run 1 more lap if they can make it after all that pot... View More

    — Posted by bbcoach9596

    Wonder what old Butch has planned for Quan?

  • bbcoach9596 Jul 30, 10:34 p.m.

    All tob is going to do is asay run 1 more lap if they can make it after all that pot smoking.When is the drug test coming? Oh they pass.

  • duane11 Jul 30, 10:21 a.m.

    Not condoning what they did. But if this shoe was on the other foot, and State fans were in here... View More

    — Posted by TruthBKnown Banned Again02

    This has nothing to do with what school they are enrolled in, but instead about what is wrong... View More

    — Posted by NoDumpingThePuck

    i'll take #3...

  • TruthBKnown Banned Again02 Jul 29, 4:58 p.m.

    Not condoning what they did. But if this shoe was on the other foot, and State fans were in here... View More

    — Posted by TruthBKnown Banned Again02

    This has nothing to do with what school they are enrolled in, but instead about what is wrong... View More

    — Posted by NoDumpingThePuck

    Do you know what punishment TOB has handed out? I don't. If you do, I'd like to know. He's handling it internally, and why shouldn't he? As long as those players are punished for what they did, that's enough for me. I don't think players should be kicked off the team for smoking a little weed on the weekend in the offseason. I just don't.

    And what say you about Sturdivant? He did the same thing, did he not? I didn't see a word from you about that. I guess only TOB is held to a certain standard by you.

  • NoDumpingThePuck Jul 29, 3:51 p.m.

    Not condoning what they did. But if this shoe was on the other foot, and State fans were in here... View More

    — Posted by TruthBKnown Banned Again02

    This has nothing to do with what school they are enrolled in, but instead about what is wrong with college athletics. This could be any local school and it would still smell just as bad. It is now very obvious what is going on here. Either TOB is not a man of his word or he is no longer in control of his own program. Take your pick!

  • readyforchngin2012 Jul 29, 11:52 a.m.

    As an active alumni and contributor to the Wolfpack club I have several issues with this.
    1. ... View More

    — Posted by readyforchngin2012

    Bass, if you think your WPC dues are indirectly helping these guys buy a bag of weed than... View More

    — Posted by WufSkins

    Actually the guilt trip should be on Coach. Check out gopack.com where his opening headline is "Integrity, Honesty and Diligence". Where are those qualities in this situation? - or should you add "unless they are starters". Regardless of whether the judge did the right thing or bowed to outside pressure from boosters, or the off duty cop takes a dive (course this goes on his record too) - TOB still has the responsibility to do the right thing. If the punishment does fit the crime, then why be tight lipped about it? Except that if it is public then someone is held accountable - as these men should be. Will there be any change of heart on their part? Will they learn anything or set any other example than if you are gifted athletically you get a free pass? The lack of personal accountability is one of the major issues that face our country today. Someone owes me, will get me off, take care of me, bail me out of _______ - pick an answer - taking care of my kids, getting a job, running up too much debt...this attitude of entitlement is killing this country.
    And yeah, I don't see how these kids scholarship monies can do anything but make other things more affordable. Frankly I think policy should be that any illegal offense should instantly invalidate any scholarship monies for any student, period.
    Lastly if I am the NCAA - I would really want a closer look at this situation with the judge, who he knows, and who knows him.

  • NoDumpingThePuck Jul 29, 12:33 a.m.

    They got lucky on the legal side. Anything less that dismissing them from the team is a joke and... View More

    — Posted by NoDumpingThePuck

    yeah....hmmmm, it says charges dismissed...guess they aren't guilty!!...who are we to argue with... View More

    — Posted by duane11

    Yeah....right and a bear doesn't **** in the woods either. Never argue with a "Booster" judge!

  • duane11 Jul 28, 9:30 p.m.

    They got lucky on the legal side. Anything less that dismissing them from the team is a joke and... View More

    — Posted by NoDumpingThePuck

    yeah....hmmmm, it says charges dismissed...guess they aren't guilty!!...who are we to argue with a judge??:--)

  • TruthBKnown Banned Again02 Jul 28, 4:35 p.m.

    Not condoning what they did. But if this shoe was on the other foot, and State fans were in here posting the comments that several Carolina fans are posting, we'd just be accused of being ABC'ers and Haters.

  • TruthBKnown Banned Again02 Jul 28, 4:31 p.m.

    To all you wusspeckers it's a big difference when it's one of your guys. Or should I say... View More

    — Posted by Title Hill - 39 and counting

    What's different? No one is condoning what they did.

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