What Are the Potential Consequences of the Allegations Against Michael Lemon?
On Tuesday, I got an e-mail from Every Day Should Be Saturday proprietor, Sporting News contributor, and blogosphere representative in non-ambush panel discussions Orson Swindle regarding the recent charges against Michael Lemon. The gist of his e-mail was to ask whether the victim’s injuries (which reportedly included a blowout fracture to the eye) made this a felony charge worthy of three points in the Fulmer Cup standings.
Naturally, I must offer the same caveat I provided when rising to the defense of Ian Smith; namely, I am not a criminal defense attorney and you get what you pay for when you rely on free legal advice. All warranties of merchantability, fitness for a particular purpose, or otherwise having the faintest idea what in the Sam Hill I’m talking about, whether express or implied, are hereby disclaimed.
As MaconDawg noted, the police incident report on Lemon notes that the Georgia defensive end was alleged to have violated O.C.G.A. § 16-5-23.1.
Subsection (a) of that statute provides that "[a] person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another." Subsection (b) goes on to define "visible bodily harm" as "bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts."
The police report states that the victim’s "left eye was noticeably swollen & he also had a bump on his forehead from where Mr. Lemon hit him," adding that "[p]ictures were taken and placed into evidence." Based upon what the report indicates, it sounds like we have "visible bodily harm" within the meaning of the law and the photographs should make clear whether this is the case.
So, does being "punched . . . about five times" (as the witnesses reportedly told the police occurred) constitute a felony when it produces the sorts of injuries described in the incident report? Apparently, no, it doesn’t, as O.C.G.A. § 16-5-23.1(c) provides:
Subsections (d) through (l) do not appear to apply. Subsections (d) and (e) deal with second and subsequent convictions for battery against the same victim. There does not appear to be any indication of prior physical altercations between Lemon and the victim, much less prior criminal convictions for the same offense between these two parties.
Likewise, subsection (f) deals with battery between members of the same household (past or present spouses, parents of the same children, etc.), subsection (g) with battery in a public transit vehicle or station, subsection (h) with battery against a pregnant woman, subsection (i) with battery against a teacher or other school employee, subsection (j) with battery against a senior citizen, subsection (k) with battery by a long-term care facility or personal care home employee or volunteer against a person housed in such a facility, and subsection (l) with battery against a sports official while officiating an amateur contest.
(As an aside, regarding that last subsection, please note that it makes battery against a sports official "a misdemeanor of a high and aggravated nature," it applies to "any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level," and it protects such an official even when "exiting the property where he . . . has completed officiating an amateur contest." Bear that in mind the next time the calls aren’t going your team’s way and you’re with an irate friend who’s had too much to drink. Tell him to pull a Matt Cerione if he must, but make sure he keeps his hands to himself.)
Whatever happened last Saturday night was alleged to have occurred during a cookout at the community pool among residents of the same apartment complex. Nothing indicates that any of the highly special circumstances listed in the other subsections of O.C.G.A. § 16-5-23.1 applies. Accordingly, in spite of the apparent severity of the injuries described in the police report and subsequent news stories, it looks like the charges do not rise to the level of a felony or even an aggravated misdemeanor.
None of this, of course, assumes that Michael Lemon is or is not guilty or minimizes the seriousness of the allegations against him. However, the question was asked, and I figured Orson was not alone in wanting it answered. Naturally, any of you whose experience with the criminal law is more extensive than mine---and, by that, I mean those of you who have spent time in courtrooms while wearing a business suit rather than an orange jumpsuit---should feel free to chime in with your thoughts on the matter.
Go ‘Dawgs
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Felony Reports
While I have no criminal law experience, espn.com is reporting that police have chargen Lemon with a felony and issued a warrant.
by NOLADawg on Jul 2, 2008 11:21 PM EDT 0 recs
Not that ESPN is biased against UGA or anything...
According to ESPN, Lemon is being charged “both misdemeanor battery and felony aggravated battery.” The misdemeanor looks like it could come under either O.C.G.A. § 16-5-23 or § 16-5-23.1. Kyle has to be right that none of the aggravating factors under 16-5-23.1 apply, and 16-5-23 is nearly identical.
Perhaps they’re charging him with aggravated battery under § 16-5-24? Of course, that would mean that giving someone a black-eye and a goose egg is “seriously disfiguring” them. That seems ridiculous, but, hey, I’m not (yet) an attorney, so what do I know?
I’d be really surprised if the felony charge sticks, but it looks like simply being charged is enough to warrant Fulmer Cup points. Hopefully CMR takes this opportunity to reiterate to our players that they’re under the microscope even more than usual this season. Isn’t being a preseason 1 or 2 fun?
by Spears on Jul 3, 2008 2:24 AM EDT 0 recs
Yeah, it's disappointing that players . . .
. . . appear to be making such bad choices, although my brother-in-law, Travis Rice, used to be a reporter, and his experience as a journalist leads him to greet all initial news reports with this caveat: “There’s always more to the story than what you read in the first article.” The additional details that are sure to be forthcoming may be good for Michael Lemon or bad for him, but we haven’t heard everything yet.
I appreciate the clarification; the ESPN news report appears to have been posted around 9:30 last night, while I was composing the above story, and I was working off of the statute cited in the police report. If these allegations turn out to be accurate, it’ll be genuinely disappointing, given what Lemon has gone through prior to this point.
Go 'Dawgs!
by T Kyle King on Jul 3, 2008 8:29 AM EDT 0 recs
question
Don’t they often charge people with as many offenses as possible so that there are lots of options they can “convict” on? Or am I just thinking about that episode of Law and Order I watched last night?
Yes, that is my son. Yes, that is a bottle of Crown.
by BCDawg97 on Jul 3, 2008 9:26 AM EDT 0 recs
No, that's sometimes true BCDawg97 . . .
Back when I actually had anything to do with criminal law, I saw a guy who was charged with Aggravated Assault on a Peace Officer, a very serious felony in Georgia. When he got to Court, however, the facts came to light: he was drunk at a lake party and when the police showed up with a drug-sniffing German Sheperd, he kicked the dog. Now, no one should kick a dog. But thankfully the charges were reduced (at the urging of a level-headed Judge who essentially told the Asst. DA to stop wasting his time) to Disorderly Conduct.
And Orson and I discussed this as well in the comments to his post. If new facts come to light, Lemon might well be charged (or by now might already have been charged) with a felony. There’s nothing binding about the intial report, but it usually tells a lot.
by MaconDawg on Jul 3, 2008 9:38 AM EDT 0 recs
The ridiculous part is
What so ridiculous about this situation is that it’s over a girl. I guess it’s because I’ve never been the insanely jealousy type but fighting someone because he was talking to your girl is childish. Really, Lemon’s girlfriend cannot carry on a conversation with another person from the opposite sex. If this girl has any sense she’s his ex-girlfriend now.
Let’s look at a couple of facts here: Lemon is at UGA where the females out number the males. He’s a football player [emphasis added]. From what I remember football players don’t have much trouble getting dates. The point is a girlfriend talking to another guy is not worth going to jail over or possibly losing you scholarship. Especially when there are a hundred more within a stones throw. I might would be more sympathetic if Lemon had caught them making out or doing the nasty but even then it’s not worth going to jail over.
Either Lemon is very insecure or he’s still not dealing with the death of his mother well. I hope he gets help dealing with his issues and is able to put this behind him. Hopefully he can learn from this and go on to be a productive and successful person.
by deanpat92 on Jul 3, 2008 1:37 PM EDT 0 recs
"I hope he gets help dealing with his issues and is able to put this behind him."
i hope the dude that got punched impregnates Lemon’s g/f while he’s in the pen.
(if Lemon is found guilty)
by dawgaddict on Jul 3, 2008 3:24 PM EDT 0 recs
Thin Skull Indeed
Well having seen and had a few words with Mr. Lemon at a Macon TD club banquet. He is a child. No adult role models at all. He was such a quiet gentle kid, am really saddened by this outcome.
There were comments that there was arguring going on between the two before the ‘unprovoked’ attack. If the plaintiff victim uttered something about someone’s mother – you could easily set off the dynamite. This kind of thing is what got me out of the general practice of law and into the corporate world years ago. Got too much empathy and not enough boundaries. This whole circumstance is just sad – I feel bad for all parties involved.
"At Georgia Southern we don't cheat, cheating takes money and we don't have any" Erk Russell
by Lrgk9 on Jul 4, 2008 2:10 AM EDT 0 recs
Michael Lemon Fund
A year ago, we all contributed to the Michael Lemon Fund for his 15-year old brother who is living with his Aunt in Macon. The NCAA allowed us to collect these monies on street corners in Athens and for us to mail in monies for him. One would think that those were conclusively, decisively, wonderful for Mr. Michael Lemon. The total value of this fundraising effort was not made to privy to me, but it would have to have been substantial. And we all followed the story how his Mom was murdered, his home burnt to the ground and her fiancé charged. Everything was lost, Mr. Michael Lemon reported to us. I have no sympathy for Mr. Michael Lemon in this unprovoked attack on another UGA student, nor the bad press his poor judgment has wrought upon the now Number 2 UGA Football Team in the Average of all Pre-Season 2008 polls. He weighs in at 274 pounds as Defensive Lineman, 3rd string. Roderick Battle is ahead of him. Coach Richt had very kind words for Mr. Michael Lemon upon his return to practice 15 days late and how all his professors worked with him and had empathy with his situation. You don’t own another person. He was not married to the lady, who no doubt has already dumped his butt. The witnesses have all provided written statements of what happened. The Athens-Clarke County Police Officer sounds very credible in his summary of those reports to us all of how he had to be dragged off the UGA student. There are, as I see it, more charges to be brought against Mr. Michael Lemon, not fewer. He left the apartment bar-b-que where the victim was cooking on the grill. I see no statements that he was or was not drunk, but his actions appear to me to be ones of a very bad person, and one who shows great disrespect to everyone and everything that we all have done for him. He can make a statement and come clean on his very poor judgment before I support forgiving him. Is that clear enough Mr. Michael Lemon, sir ?
by Thomas Brown UGA on Jul 4, 2008 8:30 AM EDT 0 recs
I agree with Lrgk9:
It’s a sad situation for all involved and, while there are no excuses, there are explanations, which need to be heard and heeded, wherever they may lead.
I would caution everyone to avoid a rush to judgment. I will admit that it looks bad, but we do not have all the details and, until we do, it is unfair to Michael Lemon, the victim, and everyone else involved to assume that we have all the answers. When we do, it may well be that some of our initial reactions are borne out by the facts, but we should not assume what we do not know. The stakes are too high in a situation like this one to justify jumping to conclusions in any direction.
Michael Lemon is innocent until proven guilty. If proven guilty, he should be punished accordingly. Until then, he is a young man facing serious accusations with respect to whom we all ought to reserve judgment.
Go 'Dawgs!
by T Kyle King on Jul 4, 2008 8:42 AM EDT 0 recs
i have no problem with innocent until proven guilty...
i have a problem with UGA players receiving warranted attention from that group of (often) overzealous nerds in the Athens PD for anything other than underage drinking and (perhaps) trumped-up assault on pregnant women.
and the second occurrence is forgivable only b/c Trinton Sturdivant is 1st string (i kid!), and who honestly cannot resist touching some pregnant belly occasionally?
-Happy 4th to everyone!
by dawgaddict on
Jul 4, 2008 9:58 AM EDT
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No one said he didn't do it Mr. King
Kyle,
Sir, no one said that he didn’t do it. No one. There are a substantial number of witnesses to the attack causing the UGA student to go to the hospital in an ambulance, at the hands of a 274 lbs. Defensive Lineman. Again, I will not defend him.
by Thomas Brown UGA on Jul 4, 2008 8:48 AM EDT 0 recs
he spent our money on bail...
if that makes your righteous anger more delicious.
but really, we have a Judicial branch for a reason, we all CMR and know he won’t play in a game until these charges are preferred or dropped. if preferred, he will likely never play in another game.
rest easy, he will suffer if he is guilty.
by dawgaddict on
Jul 4, 2008 10:06 AM EDT
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No one said he didn't do it
The reports also indicate that Michael Lemon and the friends who were with him left before the police were called.
You’re getting one side of the story here. That doesn’t make it untrue, and it doesn’t mean the other side of the story justifies what happened, but it does mean that all of our initial impressions are incomplete.
Again, they may be proven correct in the end, but I am holding off on forming a firm opinion until I have a thorough handle on all the facts. I would respectfully suggest that everyone else should do the same.
I’m not defending Michael Lemon, but I’m not going to condemn anyone based on half the facts.
Go 'Dawgs!
by T Kyle King on
Jul 4, 2008 12:09 PM EDT
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So, because the 1 side left, hold off opinion until you hear their side.
Why is it again, that with a guy in a heap knocked down according to neither side but according to 3rd-party witnesses, that 1 entire side of the story left ?
As to providing false witness, and lying under oath, this makes the 3rd-party winesses subject to felony arrest themselves, all of them.
He will serve more time in jail than the 38 minutes because those defending him in here says he is innocent until proven guilty, that he left so we haven’t heard their side of it (but doesn’t address why he would leave when obviously he knocked the student down with fistacuffs), and that we cannot form an opinion of say why in the name of Heaven he would leave the scene.
As to he spent the monies on bail, I have another explanation that he will play again, after the only logical explanation to these sworn affadavit facts of witness after witness after witness after witness is that they were just telling their side of the story under oath.
The charges will be plea-bargained to assault and battery, which is what it is, and he will serve some more time and community service and play at some later date or at the very least stay on the team. Don’t forget the only reason he is suspended is because it is a felony charge.
The gals charges that she, not an UGA student, was touched on her belly and that that is battery make this case all the more obvious that he must serve time in jail beyond the current 38 minutes.
by Thomas Brown UGA on Jul 5, 2008 12:56 AM EDT 0 recs
"The only reason he is suspended is because it is a felony charge"?
I believe Mark Richt’s disciplinary record speaks for itself. Coach Richt has suspended players due to his “zero tolerance” policy even in circumstances in which the police cleared the accused player of all charges (in the case of Odell Thurman) and he has handed down meaningful disciplinary action within 48 hours of learning of a player arrest in each and every instance since his arrival in 2001. The University of Georgia enforces the strictest anti-alcohol policy in the Southeastern Conference. While even one player arrest is too many, Coach Richt has acted admirably across the board in holding his players accountable.
As for the rest of it, I do not necessarily disagree with any of what you have written, I simply take the position that (a) none of us knows all of the pertinent facts, (b) it is therefore irresponsible for us to rush to judgment, and© we have a criminal justice system for a reason. Let the court system do its job before snatching up the torches and pitchforks, for crying out loud.
Go 'Dawgs!
by T Kyle King on
Jul 5, 2008 10:23 AM EDT
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Coach Richt did not suspend Mr. Michael Lemon.
The University of Georgia did, not Coach Richt. The only reason why Mr. Lemon is suspended is because any student-athlete at UGA who is CHARGED with a Felony is Automatically Suspended. This UGA Written Policy is in direct contradiction with your stated position that Mr. Lemon is innocent until proven guilty, despite the multitudes of witnesses who have signed their written statements that if they lied puts all of them in Federal Prison. I believe that Our Criminal Justice System is doing a Wonderful Job Managing this situation, that if it is determined there was alcohol involved the Michael Lemon Fund monies were used for – that additional charges will be forthcoming, and that your attempt for crying out loud to make it appear as if I am criticizing Coach Richt for being out of town and unable therefore to Suspend Mr. Michael Lemon before The University of Georgia did Automatically – all shows a lack of knowledge on your part of the Track History of all these UGA Football Players Arrests for years running now and lack of knowledge that it is a fact that The University of Georgia suspended Mr. Michael Lemon who just 1 year ago we are all standing on the street corners and mailing in donations to the NCAA Sanctioned Mr. Michael Lemon Fund only to be thanked in this manner by this huge hulk of a 274 lbs. man defensive tackle on the Average of All Preseason Polls Number 2 Football team who thinks he owns “his” girlfriend to the point that she cannot talk at an apartment bar-b-que to the cook stuck glued to the grill itself. And, then leaves the scene – which you still have not addressed, except to say we haven’t heard their side of the story.
I do not own either a pitchfork nor a torch.
I will not defend, as you, Mr. Michael Lemon for any reason whatsoever.
We do NOT agree whatsobloodyever on this issue. Not from the word Go.
Neither has Coach Richt, who out of town, has had several choice words publicly for Mr. Michael Lemon to ponder in every newspaper in This Great Nation this Independence Day Weekend.
I have read a lot of blogs. You are the only poster to any of them Defending Mr. Michael Lemon. And, make not mistake of that. You are, sir, defending Mr. Lemon. And, continue to do so without : (1) answering why it was he left the scene, as if I and you do not know (2) Changing the Topic to I am criticizing Coach Richt for not suspending Mr. Lemon when I merely point out the fact that The University of Georgia Automatically Suspends any student-athlete CHARGED with a Felony (3) cannot bring yourself to address why witness after witness after witness after witness all gave “only their opinion, only their side of the story” despite again the facts that each would be Guilty of a Felony, all of them, were they to have LIED UNDER SWORN OATH that this Adult whom we have done so much for repeatedly hit a University of Georgia Student knocking him down, jumped on him and continued to pound his face, head and eye socket with the victim’s head in the back pinned to the ground and his body unable to get up for a 274 lbs. out-of-control man whom the entire crowd had to subdue and remove him from on top of the poor innocent cook who dared to have a conversation with “his” girlfriend according to Mr. Michael Lemon’s viewpoint.
You don’t take criticism well at all, do a very poor job of Defending Mr. Lemon, and fail to answer questions you are asked repeatedly while demanding answers to your own questions of me in reply thereto, such as your saying that I must address now that I am criticizing Coach Richt for NOT SUSPENDING MR. LEMON for crying out loud telling me that you otherwise agree with me that Coach Richt’s record of suspending, you say, is what now ? 48 Separate Suspensions of UGA Football Players in The Coach Richt Era ?
by Thomas Brown UGA on Jul 6, 2008 6:24 AM EDT 0 recs










