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Friday, June 27, 2003

Whaley is still eligible at UC


Recruit pleads no contest, gets probation

By Bill Koch
The Cincinnati Enquirer

One of the first people Robert Whaley will meet this weekend when he arrives at the University of Cincinnati is athletic director Bob Goin, who said he will inform Whaley of the expectations he'll face as a member of the UC basketball program.

"He'll come in under our rules," Goin said. "We'll have a talk about our expectations of him. I think it's got to be pretty clear that he's got to be in the right place at the right time, not the wrong place at the wrong time."

Whaley, who is expected to arrive in Cincinnati on Sunday, pleaded no contest to two Class B person misdemeanor counts of battery Thursday in Barton County, Kan., as part of a plea bargain agreement that will allow him to avoid jail time.

The 6-foot-10-inch junior college All-America center from Barton County Community College was sentenced to two consecutive terms of six months in the county jail. The sentences were then suspended, and Whaley was placed on probation for one year in lieu of serving the time.

He also was ordered to pay court costs and restitution to two male victims. One suffered a deep cut around his eye, the other a bruise on his arm.

If Whaley violates the terms of his probation, he will serve the jail time.

"He's on probation with me," Goin added. "That's what probation means. Behave yourself. I'm going to expect that from him."

UC coach Bob Huggins declined comment, referring questions to Goin. Whaley could not be reached.

Whaley, from Benton Harbor, Mich., was charged May 6 with two felonious counts of aggravated battery in connection with a Feb. 9 incident in Barton County after a basketball homecoming game against Garden City Community College.

Two Garden City students were hospitalized after the incident. Barton County undersheriff Gary Vaughan described the incident as "kind of a brawl" during which a leg of a chair or something resembling a baseball bat was used.

"We reached the agreement primarily out of deference to the victims," said assistant county attorney Douglas Matthews. "They were concerned that something needed to be done with the injuries they suffered. They were interested in compensation for that. They decided that if the matter could be resolved with an order from the court to pay restitution, they would be satisfied with that."

Matthews estimated that the compensation to the victims would total several thousand dollars.

Dennis J. Keenan, Whaley's attorney, said Whaley agreed to the plea "in order to keep from inhibiting his educational and athletic pursuits.

"Had he not entered these battery pleas, this process would have been hanging on for another six months," Keenan said. "In the meantime, he would have been ineligible to continue with his schooling and his athletic pursuits."

Keenan said Whaley was the victim of selective enforcement.

"This was a very unfortunate incident," Keenan said. "The security people at the college should never have allowed the process to reach the point that it got to.

"It was estimated that there were between 50 and 75 people (involved in the incident)," Keenan said. "He was the only one charged, even though there were lots of allegations against other people. He was the one who seemed to stand out because he's the largest."

Had Whaley been convicted of the original felony charges, he would have been ineligible to participate in athletics at UC under the school's policy.

Whaley averaged 16.9 points and 7.7 rebounds last season.

Goin said he hopes to have Whaley enrolled in summer-school classes for the second term of the summer quarter, which begins July 17. He said he believes in giving young men and women second chances.

"One of the great things about college is that it's one of the few times in your life where you truly have a chance to start fresh," he said. "You can walk in the door and have all kinds of baggage, but you can leave it at the front door. You're judged by your actions once you come in that front door."

BOBBITT INJURY: University of Cincinnati guard Tony Bobbitt broke his left hand playing in the Deveroes Summer League Saturday, said Dr. Angelo Colosimo, the Bearcats' orthopedic surgeon. Colosimo put a cast on the hand Monday. He said the hand will remain in a cast for about four weeks.

E-mail bkoch@enquirer.com




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BEARCATS
Whaley is still eligible at UC

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