3 Griz Arrested

[marceagfan5]

I haven't read the articles or most of this thread, but this is crazy to have happened after a road game.

Maybe someone can answer this, but where were they coming from? They were obviously walking and apparently they needed to get out of the rain so bad they couldn't go back to the house they came from so they entered a home under construction where they did not know the owner, climbed a ladder, and went into a 2nd floor window at 2:30 in the morning? All that just to get out of the rain? Really?

Since they called a friend for a ride, it looks like they were out walking. Perhaps coming from a party? It probably wasn't really a ladder, more of a makeshift ladder that was laid at a low angle for easier access to the room above the garage. Probably wasn't hard to access. Don't know what they were doing? What do you think they were doing? Since it was clear that construction was going on, and the room was not completed, and there was a big open window area, and it was steps from the sidewalk, do you think they were going there to attack someone or steal something? Getting out of the rain seems like a better explanation than anything else I can think of. But like you, I am also curious.

I'm not accusing anyone of anything until all the info comes out, that facts just don't bode well for the players. No one wants to see this happen to anyone so I hope its as minor as it can be.

The facts right now can be spun any way you want until there is further info, hell, one could argue the car coming to get them was the get away car...

Read the Kaimin article, and perhaps you shouldn't post further until you do. Also, look at the statement of the county attorney today, who said there wasn't enough evidence at that point to charge them with a felony. Compared to felony headlines, I think the facts, as known, are starting to go in the players' direction. Of course, we'll have to wait for all of the facts.

Not trying to get into a pissing match...all we know right now is that the players entered a property, without permission, and they did not know the owner. They climbed some sort of ladder and entered a window on the 2nd floor. What they were up to is anyone's guess so I won't make an assumption. If those truly are the facts, and its tough to disagree, its going to be hard to argue they were just trying to get out of the rain....

 

[NorthwestFresh]

For the record, I see it getting knocked down to misdemeanor trespass at best...it is just fun watching 75 and PR do there bidness...

I do as well, by the way. Nothing I've seen reported tells me this will be charged as a felony.

The Jock Sniffers are doing their best to blame either MSU or the home owner, though, and that's some entertaining internet posting to read!

 

[grizindabox]

For the record, I see it getting knocked down to misdemeanor trespass at best...it is just fun watching 75 and PR do there bidness...

I do as well, by the way. Nothing I've seen reported tells me this will be charged as a felony.

The Jock Sniffers are doing their best to blame either MSU or the home owner, though, and that's some entertaining internet posting to read!

For whatever reason, they were booked into jail on felony burglary charges...hence the implosion on egriz...

 

[NorthwestFresh]

They got their asses kicked in a monsoon in Portland, and their bright idea of senior leaders is to get back to Missoula, go out on Halloween until 2:30am, walk into a construction project on private property, and yet some of you clowns still defend them.

Best comment in the last 17 pages.

Hell just froze over. Raider and I agree, and I think that their decision-making is much worse than any "crime" they may have committed.

Wasn't the whole Taser thing after getting back from a loss in Flagstaff? That was the same thing. Poor decisions by supposed leaders were worse than the "crime."

How about those Raiders, though! :thumb:

 

[UMGriz75]

The Jock Sniffers are doing their best to blame either MSU or the home owner, though, and that's some entertaining internet posting to read!

You are a pathetic pile, aren't you? I posted facts regarding the front of the structure, and from that you attempt to fabricate a narrative of things that weren't said.

I do feel sorry for UM athletes who have pathetic washed-up has-beens like you trying to persecute them at any opportunity for doing something not nearly as stupid as your venomous attitude towards young people who are likely, on the whole, far better people than you.

 

[signedbewildered]

Sorry haven't read through everything. Has this been posted? Heading of article doesn't quite fit the information in it?

Prosecutor: Initial investigation insufficient to file charges against Griz players, 2 others

KATHRYN HAAKE [email protected]

Kathryn Haake
1 min ago

A Missoula attorney representing one of the University of Montana football players arrested early Sunday on burglary charges says the students entered a Pattee Canyon residence out of curiosity.

"I haven’t seen any charging documents," Paul Ryan said. "From what it appeared to them, it was just an unoccupied structure."

"They were just curious as much as anything," he added.

Ryan said the players were walking down the Pattee Creek hill and were waiting on a ride when the incident occurred.

Griz football players Kendrick Van Ackeren, Joseph Counts and John Schmaing, as well as UM students Courtney Reep and Maclain Tomlinson, were booked into the Missoula County jail after a 9-1-1 call reported an incident in the 200 block of Pattee Canyon Drive at 2:51 a.m. Sunday.

Ryan represents Van Ackeren, who is a starting outside linebacker and leads the Grizzlies with 96 tackles this season. Counts, a redshirt junior running back, is represented by John E. Smith.

Schmaing has not yet found an attorney to represent him.

Reep is represented by Lance Jasper and Tomlinson is represented by Brian Smith.

The five students bailed out of jail and were initially scheduled to appear in Missoula Justice Court at 3 p.m. Monday, but County Attorney Kirsten Pabst released a statement late in the morning saying she would delay charging the individuals until after further investigation.

"The Missoula City Police Department has given this case to their detective division for further investigation," Pabst wrote in the statement. "We are meeting with the detectives this morning to request specific additional information. Once the investigation is sufficiently complete, our office will make individual charging decisions for each of the suspects."

Late in the day, Chief Deputy County Attorney Jason Marks said he couldn't comment on what Monday's investigation revealed.

"We've requested interviews with some of the witnesses and I anticipate that will be completed tomorrow," Marks said.

Marks said the county attorney's office will make a decision on the case by noon Tuesday.

Smith, who represents Tomlinson, approved of the county attorney's move to delay filing charges.

"We think it’s a good idea they look at everything involved," Smith said. "We think it’s a very prudent move to investigate further."

The Missoulian could not reach the Pattee Creek homeowners for comment.

 

[PlayerRep]

Best comment in the last 17 pages.

Yup...and the best and brightest legal minds on egriz continue to split hairs trying to explain the inexplicable
So when does spring ball begin?

Why don't you tell us what the players were doing, and what they were thinking? I'd like to see your explanation.

Since I don't know (and neither do you), I'll I can give is my best guess: They were drunk off their asses, walking around doing nothing, and saw an opportunity "to raise some hell". My guess is that sober they wouldn't have made the same decision. But make it they did. And they illegally entered someone's property.

They could have stood under the eaves of the house to get out of the rain and await their ride. That's what 99.99% of people would do. Matter of fact, I got absolutely DRENCHED walking back to my hotel in Portland Saturday. Oddly, not once did I consider illegally entering someone's home, apartment or place of business to stay dry.

Perhaps, but it would be an odd place to decide to raise some hell. "Hey, let's climb up that makeshift ladder into that unfinished room above that garage, where they won't be any amenities or anything else."

On the point of whether or not they thought any of the structure was occupied, they then said: "Let's stomp around and talk loudly so that people in the adjacent structure can hear us and either confront us or call the cops."

"Let's do this to risk getting caught, getting in trouble, and getting suspended from the team."

 

[PlayerRep]

So the structures aren't connected, but the family heard somebody "upstairs" walking around?

My understanding is that they are connected but there is no direct access between where they were and the interior of the living space. So I am assuming something that was a separate apartment with its own entrance over a garage connected to the house for example...

The whole house and garage is being renovated. From the outside, it looks to be a major overhaul, and I was surprised to see that someone was still living in it. The garage and upstairs is separated by a walkway from the main house, which is in back. The garage and "upstairs" is about as close to the sidewalk as can be, and the "upstairs" is open to the outside where there is going to be a large window. This is akin to a studio apartment or mother-in-law apartment. It is distinctly separate from the house, except that from the front, you can't even see the "house." From the street, it looks like a stand-alone house, with a garage on the bottom and "house" on top (as many are in Pattee Canyon). Looking at it, no one would guess there was anyone on the premises or anything valuable, since the large window space was obviously completely open to the elements (they put a piece of plywood over it today, which still leaves it mostly open). The window isn't that far off of the sidewalk, you could practically jump into the window opening which really is quite large. There is rough scaffolding there. The structure was, in fact, open to the elements and any stray coyotes, deer, dogs, cats, birds, wombats and college students. Other than standing in a large empty room open to the elements, there could not have been any "criminal" intent except that you can't stand on other people's property without permission or "invitation."

Had anyone been injured, this would have been an "attractive nuisance" case. Although major construction is obviously underway, there are no signs posted

The garage is not as close to the sidewalk as can be. It is about a car and a half to two car lengths from the sidewalk in a driveway. It's definitely very visible from the sidewalk if they were to be walking down the sidewalk and be curious about going in there but in order to do so they did have to go down the driveway to the ladder.

Don't think it's 2 car lengths. It's a wide driveway. Not like a long narrow driveway.

 

[PlayerRep]

Best comment in the last 17 pages.

Yup...and the best and brightest legal minds on egriz continue to split hairs trying to explain the inexplicable
So when does spring ball begin?

Why don't you tell us what the players were doing, and what they were thinking? I'd like to see your explanation.

Since I don't know (and neither do you), I'll I can give is my best guess: They were drunk off their asses, walking around doing nothing, and saw an opportunity "to raise some hell". My guess is that sober they wouldn't have made the same decision. But make it they did. And they illegally entered someone's property.

They could have stood under the eaves of the house to get out of the rain and await their ride. That's what 99.99% of people would do. Matter of fact, I got absolutely DRENCHED walking back to my hotel in Portland Saturday. Oddly, not once did I consider illegally entering someone's home, apartment or place of business to stay dry.

My recollection is that there weren't any big eaves nearby. Perhaps back toward the main part of house to side and back from garage, sort of around corner.

 

[grizindabox]

Is PR still trying to justify the actions....

 

[statler & waldorf]

Was there a minkey in the relm? :shock:

"The minkey doesn't tell me what to play, and I don't tell him what to do with his money." :lol:

 

[PlayerRep]

Since they called a friend for a ride, it looks like they were out walking. Perhaps coming from a party? It probably wasn't really a ladder, more of a makeshift ladder that was laid at a low angle for easier access to the room above the garage. Probably wasn't hard to access. Don't know what they were doing? What do you think they were doing? Since it was clear that construction was going on, and the room was not completed, and there was a big open window area, and it was steps from the sidewalk, do you think they were going there to attack someone or steal something? Getting out of the rain seems like a better explanation than anything else I can think of. But like you, I am also curious.

I'm not accusing anyone of anything until all the info comes out, that facts just don't bode well for the players. No one wants to see this happen to anyone so I hope its as minor as it can be.

The facts right now can be spun any way you want until there is further info, hell, one could argue the car coming to get them was the get away car...

Read the Kaimin article, and perhaps you shouldn't post further until you do. Also, look at the statement of the county attorney today, who said there wasn't enough evidence at that point to charge them with a felony. Compared to felony headlines, I think the facts, as known, are starting to go in the players' direction. Of course, we'll have to wait for all of the facts.

Not trying to get into a pissing match...all we know right now is that the players entered a property, without permission, and they did not know the owner. They climbed some sort of ladder and entered a window on the 2nd floor. What they were up to is anyone's guess so I won't make an assumption. If those truly are the facts, and its tough to disagree, its going to be hard to argue they were just trying to get out of the rain....

If those are the facts (and they may or may not be), it's going to be hard to argue that they were doing anything else too. Can't imagine that anyone would think there was anything to do, anything to see, or anything to steal up in that room--judging from how it looks from the outside. If you were going to steal something, would you stomp around and talk loudly, in a room facing the street?

 

[NDSUSR]

So the structures aren't connected, but the family heard somebody "upstairs" walking around?

My understanding is that they are connected but there is no direct access between where they were and the interior of the living space. So I am assuming something that was a separate apartment with its own entrance over a garage connected to the house for example...

“One of the guys was standing in the doorway and he was as big as the door, so I thought it wasn’t in my best interests to confront him,” he said.

 

[PlayerRep]

Best comment in the last 17 pages.

Yup...and the best and brightest legal minds on egriz continue to split hairs trying to explain the inexplicable
So when does spring ball begin?

Why don't you tell us what the players were doing, and what they were thinking? I'd like to see your explanation.

Jes-s man. After everything this program has been through, you are still pulling this BS?

You have gone to a new level man. Sad.

Pulling BS, meaning commenting on an athletic message board? Nothing wrong with following the incident, joining in the speculation, having some fun on the internet, and occasionally providing some legal comments. Pretty weird that you make a post like that. You must be a odd duck or weird thinker.

 

[bgbigdog]

Someone alert the homeowner that player likes him. As a result, perhaps he will come forward and set the record straight so we can put a halt to all this rancor..

 

[PlayerRep]

Sorry haven't read through everything. Has this been posted? Heading of article doesn't quite fit the information in it?

Prosecutor: Initial investigation insufficient to file charges against Griz players, 2 others

KATHRYN HAAKE [email protected]

Kathryn Haake
1 min ago

A Missoula attorney representing one of the University of Montana football players arrested early Sunday on burglary charges says the students entered a Pattee Canyon residence out of curiosity.

"I haven’t seen any charging documents," Paul Ryan said. "From what it appeared to them, it was just an unoccupied structure."

"They were just curious as much as anything," he added.

Ryan said the players were walking down the Pattee Creek hill and were waiting on a ride when the incident occurred.

Griz football players Kendrick Van Ackeren, Joseph Counts and John Schmaing, as well as UM students Courtney Reep and Maclain Tomlinson, were booked into the Missoula County jail after a 9-1-1 call reported an incident in the 200 block of Pattee Canyon Drive at 2:51 a.m. Sunday.

Ryan represents Van Ackeren, who is a starting outside linebacker and leads the Grizzlies with 96 tackles this season. Counts, a redshirt junior running back, is represented by John E. Smith.

Schmaing has not yet found an attorney to represent him.

Reep is represented by Lance Jasper and Tomlinson is represented by Brian Smith.

The five students bailed out of jail and were initially scheduled to appear in Missoula Justice Court at 3 p.m. Monday, but County Attorney Kirsten Pabst released a statement late in the morning saying she would delay charging the individuals until after further investigation.

"The Missoula City Police Department has given this case to their detective division for further investigation," Pabst wrote in the statement. "We are meeting with the detectives this morning to request specific additional information. Once the investigation is sufficiently complete, our office will make individual charging decisions for each of the suspects."

Late in the day, Chief Deputy County Attorney Jason Marks said he couldn't comment on what Monday's investigation revealed.

"We've requested interviews with some of the witnesses and I anticipate that will be completed tomorrow," Marks said.

Marks said the county attorney's office will make a decision on the case by noon Tuesday.

Smith, who represents Tomlinson, approved of the county attorney's move to delay filing charges.

"We think it’s a good idea they look at everything involved," Smith said. "We think it’s a very prudent move to investigate further."

The Missoulian could not reach the Pattee Creek homeowners for comment.

Not sure what your comment meant, but you should look at Pabst's full statement, in which she said there wasn't sufficient evidence to support charging with a felony, but they wanted to investigate more before deciding on the charge. With so many defense attorneys involved, I assume the county attorneys office is getting good advice. Ha.

 

[Blgs Griz Fan]

Sorry I am late to the party. I am trying to catch up here.

So, if I am reading all this correctly, 3 Griz players broke into a house in the middle of the night to gang rape a chihuahua??

Wow, that is f***[*] up man!

Is going into an unfinished room above a garage, through a large opening--in a house being renovated and when the room isn't directed connected to the house, "breaking in"? I'm curious about why they went in (and scooted up the ladder).

Phase 2 of this ordeal: KVA, Counts and Schmaing contract with an aggressive lawyer and file suit against the home owner for failing to take reasonable measure to secure the property. The case goes to court after a change in venue to Kaisell and KVA is awarded a multi million dollar award for damages and loss of an NFL career, Counts too is awarded generously as is Schmaing but Schmaing is also awarded the deed to the property in question for the additional pain and suffering it has caused.

Funny that you say this, as I was wondering what would have happened if someone fell through an uncompleted floor (and got seriously hurt) after entering an unsecured construction site. Just occurred to me after reading that the site/building didn't seem to have been secured. Glad no one was hurt, of course.

I too am glad no one was hurt.

 

[EverettGriz]

Good God, PR/75.

You're trying to assign rational thought to what is clearly an irrational behavior. Who knows -- or better yet who CARES -- why they did what they did. To stay dry? They broke the law. To raise hell? They broke the law. Because one of them took woodshop in junior high and wanted to see a real 2 by 4? They broke the law.

There's only one important sentence in that paragraph. It's repeated 3 times. THEY BROKE THE LAW. Period. Discussion over.

 

[mcg]

Is PR still trying to justify the actions....

I don't think he is trying to justify anything. He is (like many others here on egriz) speculating on where the alleged actions should fall within the legal code concerning burglary and trespass.

FYI, to me it's clearly trespass, but I'm not a lawyer. And that's not a good thing, it just less of a bad thing than burglary. And I think they got clearly screwed by whoever set bond at $50k, is there any recourse on that?

 

[Blgs Griz Fan]

Maybe the University needs to do mandatory training on entering unsecured construction sites?

Isn't that a Graduate level course at MSU?