Sport Sex offender ruling on ex-Baylor DE Ukwuachu reversed

23:45  06 june  2018
23:45  06 june  2018 Source:   sportsxchange.com

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The judges overruled one of Ukwuachu ’s other claims, that his indictment was “facially insufficient,” and did not rule on the rest of the issues he raised. Ex - Baylor TE Tre'Von Armstead Charged With Sexual Assault From 2013.

O n August 20, 2015, Samuel Ukwuachu , a Baylor football player, was convicted by a McLennan County, Texas jury on one count of sexual assault. If they answer both questions in the affirmative, Mr. Ukwuachu ’s conviction could be reversed and he could be granted another trial.

Fromer Baylor defensive end had his status as a sex offender reinistated by the Texas Court of Criminal Appeals on Wednesday.© Jerome Miron-USA TODAY Sports Fromer Baylor defensive end had his status as a sex offender reinistated by the Texas Court of Criminal Appeals on Wednesday. Former Baylor defensive end Samuel Ukwuachu's status as a convicted sex offender was reinstated when the Texas Court of Criminal Appeals ruled on Wednesday that a lower appeals court erred last year when it overturned Ukwuachu's conviction.

The reversal was based on text messages not allowed into evidence in his trial.

The judges' 9-0 decision stated that the trial court did not abuse its discretion when it did not allow into evidence text messages the woman sent to her friend while she and Ukwuachu were traveling to his apartment on the night of the reported assault.

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Baylor sex assault scandal: Everything you need to know to understand what happened. Ukwuachu 's lawyer, William Bratton III, said Thursday he was "really pleased" by the ruling .

Nonetheless, he landed at Baylor in the spring of 2013, a few months before the sexual assault occurred. Ukwuachu never played a down for Baylor . He was held out of action in 2013 due to NCAA transfer rules and again did not play in 2014 for what Baylor called a “violation of team rules .”

In a concurring opinion, judges wrote the exclusion of the messages was "harmless" to Ukwuachu's case.

In March 2017, Waco's 10th Court of Appeals ruled to overturn Ukwuachu's conviction and give him a new trial. The three-judge panel determined that the trial court should have allowed into evidence the series of text messages between the woman and a friend of hers sent immediately before the reported assault in October 2013.

They wrote that the text messages concerned past sexual behavior between the woman and Ukwuachu, which he had said indicated her consent to have sex.

Ukwuachu's conviction in August 2015 of having sexually assaulted a female Baylor soccer player was the starting point for a series of public revelations about sexual violence at Baylor.

Ukwuachu was sentenced to 180 days in jail, 10 years of felony probation and 400 hours of community service, and had to register as a sex offender.

McLennan County prosecutors appealed the decision to overturn the conviction to the Texas Court of Criminal Appeals, which agreed in September 2017 to hear that petition.

Had the court upheld the lower court's ruling, Ukwuachu would have been entitled to a new trial.

The woman, who lost her soccer scholarship at Baylor in the wake of the reported assault, reached a financial settlement with the school in December 2015 and transferred to another university.

Mac Engel: Don't expect a big penalty in NCAA's Baylor investigation .
So much time has passed you may have forgotten that Baylor University is being investigated by the NCAA. The NCAA began its investigation of Baylor in May 2017 to look into the specifics of a rape scandal that shadowed the university for well over a year and ultimately led to the dismissal of football coach Art Briles in May 2016. According to officials close to the situation, the school is expecting that the investigation and interviews will be completed shortly before the start of the 2018 academic year. This process, according to sources, has gone faster than expected.

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