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The Collegian

10/10/03 • Vol. 127, No. 20

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Pettis pleads no contest, gets three years probation

Recall history goes far back; rarely successful in California

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Pettis pleads no contest, gets three years probation

Fresno State men’s basketball player Terry Pettis pleaded no contest Wednesday to misdemeanor vandalism and battery charges and was sentenced to three years’ probation and a batterer’s treatment program.

The 19-year-old sophomore turned himself in to Fresno police Sept. 24 after vandalizing the car and apartment of his former girlfriend.

The former girlfriend would not let Pettis into her apartment to pick up some of his belongings, according to the police report. Pettis then damaged her vehicle and broke an apartment window before sending her a text message by cell phone saying, “take that,” the report said.

Pettis also had a misdemeanor battery charge stemming from an allegation that Pettis hit the victim on Sept. 23, according to the police report. A police officer checked the victim’s back and found no visible injuries, the report said.

Pettis did not dispute the report during Wednesday’s arraignment at Fresno County Superior Court. His attorney, Ernest Kinney, said full restitution of more than $4,000 was paid to the victim. Pettis’ father Michael Tate forwarded a money order from Pettis’ hometown of Minneapolis, Kinney said. Pettis will pay repay his father for the costs, according to Kinney.

Pettis arrived in the courtroom shortly before the start of his 9:25 a.m. arraignment wearing a gray Phat Farm shirt and black jeans. He was joined by legal representatives Kinney and Michael Idiart. The court proceeding lasted 10 minutes.

“ I just would like to apologize to the Bulldog community and the Bulldog fans,” Pettis said when Judge David Gottlieb asked him if he wanted to make any comments.

On Sept. 25, Pettis was suspended indefinitely from all basketball activities by coach Ray Lopes.

Lopes said Wednesday night that no decision has been made yet as to how long Pettis’ suspension will last, but Lopes is confident the guard will be reinstated.

“ Terry will remain suspended indefinitely,” Athletic Director Scott Johnson said in a statement Wednesday. “Fresno State student-athletes have an understanding that they are held to a high standard in this community, and Terry is no different.”

Johnson said Pettis will sign a contract with him and Lopes, and if Pettis meets all of the conditions reinstatement to the team will be considered.

Lopes said he meets with Pettis everyday to talk about several things—not just basketball-related issues.

“ I’m not worried about basketball right now,” Pettis said Wednesday after his court appearance.

Pettis would have been automatically dismissed from the team if charged with a felony according to rules outlined in the Fresno State student-athlete handbook. A suspension is required for any student-athlete charged with a misdemeanor.

Lopes said a mutual decision between himself, Johnson and Pettis will be made to determine the length of Pettis’ suspension.

“ Terry’s very remorseful,” Lopes said. “He’s gone through a lot and he’s very sorry.”

According to Kinney, Pettis’ case was handled as any person’s would have been given the same charges.

Kinney said Idiart handled most of the discussion with the District Attorney’s Office. The office filed the misdemeanor charges against Pettis Tuesday, according to Kinney.

“ We felt they were tough but measured it fair,” Kinney said. “This could have been a felony, but we really don’t think it was a felony case given that most injury was to a car and not a person.”

Kinney asked Gottlieb for immediate sentencing after the plea.

Pettis will not be allowed to make contact with the victim in person, by telephone or in writing because of a stay-away order issued by the court Wednesday. He is also not permitted within 100 yards of the victim or her residence.

Kinney said he will also seek a stay-away order within the next two weeks against the victim so she cannot contact Pettis.

The stay-away order against Pettis will last the duration of his three-year probation, Kinney said.

Gottlieb credited Pettis with two days served in Fresno County Jail and said Pettis is subject to search and seizure at any time, day or night, within the guidelines of his probation. He was fined $50 for a restitution fund, $100 for a domestic violence fund and has another $250 fine due Dec. 8.

On Pettis’ behalf, Kinney told the court Wednesday that his client has a 3.4 grade point average at Fresno State and no prior record.

Kinney said Pettis is attending anger counseling.

Lopes declined to go into specifics but confirmed that Pettis has been in counseling.

A review hearing is scheduled for Nov. 19 at 8:30 a.m. , at which Pettis will have to show proof he is enrolled in a batterer’s treatment program.