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Penn State QB Cleared Of Charges

October 31, 2000 / 5:59 PM EST / CBS/AP

Penn State quarterback Rashard Casey has been cleared of an assault charge by a grand jury in New Jersey, a prosecutor said Tuesday.

Casey and high school teammate Desmond Miller had been accused of assaulting Patrick D. Fitzsimmons as the officer left a bar in Hoboken, N.J., on May 14.

Ed DeFazio, deputy first assistant prosecutor for Hudson County, N.J., said the grand jury did not find probable cause to return an indictment against Casey, but returned a third-degree assault charge against Miller.

The grand jury's action ends the case against Casey, although the quarterback could be called as a witness against Miller, DeFazio said.

University officials scheduled a news conference at 6 p.m. EST Tuesday to announce the grand jury's decision.

Last week, several newspapers reported that Casey had been indicted by the grand jury. Prosecutors said at the time they could not comment until the grand jury had completed its business.

The grand jury's action ends the case against Casey, although the quarterback could be called as a witness against Miller, DeFazio said.

University officials scheduled a news conference at 6 p.m. Tuesday to announce the grand jury's decision.

Casey's lawyer, Dennis D. McAlevy, said he had not yet been able to tell his client the news because Casey was at practice Tuesday afternoon.

"He never hit anybody," McAlevy said. "There's no question in my mind that the chief of police of Hoboken knew that, and he's the reason that this happened," McAlevy said.

Chief Carmen LaBruno was not immediately available for comment.

McAlevy praised the grand jury for not indicting Casey.

"They looked at five days of testimony and rewarded my faith in Rashard, and (Penn State coach) Joe Paterno's faith in Rashard," McAlevy said.

McAlevy said they will continue to defend a civil suit filed against Casey by Fitzsimmons, who seeks an unspecified amount of money as compensation for "severe and painful injuries."

Police said Casey punched Fitzsimmons, and that Casey and Miller kicked Fitzsimmons repeatedly in the head after he left a bar. Police said the men were angry that Fitzsimmons, who is white, left the bar with a black woman.