Attorney: Higgins was bystander to 'non-crime'
(left) One of these two Johnathan Higgens is a chicken for alledgedly stealing a bicycle while the other is a turkey for pretending to be an Englishman
Published: Sunday, October 28, 2007
By Ted Ryan
Free Press Staff Writer
"I am seeking to clear Jonathan's name from the charges brought," said Goldsborough on Saturday. "He's a really good kid and deserves to be exonerated and I believe that will happen."
Higgins was charged in Vermont District Court in Burlington on Tuesday with being in possession of stolen property; in particular, a bicycle. Goldsborough said Higgins was not riding the bicycle but was a bystander.
"I'm convinced that nobody tried to steal a bicycle," Goldsborough said. "I believe this to be a non-crime."
According to the affidavit filed with the court by Burlington police corporal David Clements, at about 2 a.m. Monday, Clements and another officer saw "four to five male subjects" chasing after two other subjects. The pursuers were yelling, "They stole my bike," according to the affidavit.
Clements stated that he pursued one suspect he recognized as one of the two suspects on the alleged stolen bicycle and subsequently placed Higgins in custody.
Friday, UVM athletic director Bob Corran said that Higgins had been suspended for six games for violation of the university's student-athlete code of conduct as it related to the incident.
"The university suspended Higgins, as is their right to do," said Goldsborough. "I was not part of that process."
Corran also said that defenseman Patrick Cullity had been suspended for one game for an unspecified violation of the student-athlete code of conduct. Both players will miss today's game against Dartmouth College at Gutterson Fieldhouse.