Athletes could face criminal charges

An assault victim filed a complaint against three Penn football players. The student victim of an alleged September 28 assault by three Penn football players has filed a private criminal complaint against the athletes, Director of Police Operations Maureen Rush said. In filing the complaint, College sophomore Matt Chait asked the District Attorney to bring formal simple assault charges against the three athletes --EWharton sophomores Michael Bertolino, Jason Lebron and Adrian Puzio. The D.A.'s office has final authority over whether to press the misdemeanor charges, and has not yet decided if it will act in the case. If charged and convicted, the players could receive up to two years in prison, according to Philadelphia Municipal Court Director of Legal Services Tom Schneider. But he stressed that such cases are often settled without a trial and therefore usually result in a lighter punishment than non-private criminal cases. "Usually it's resolved by money or an agreement to stay away from each other or some other remedy," he said. "As a matter of probability, it's unlikely that this would result in jail time." Schneider refused to predict punishments the players might receive if charged and convicted of the assault. The victim filed the complaint this week, and -- if the D.A. opts to bring charges --Ethe alleged assailants will likely be notified of a hearing date within two weeks, Rush said. The complaint is "now in the hands of the D.A.'s office," she added. Chait refused to comment on the complaint, and two of the alleged assailants refused to comment, while one did not return phone calls last night. Chait's jaw was injured during the late-night incident, which began when he refused to allow a group of students -- including the three football players -- into his house, according to Chait's friends and witnesses who requested anonymity. But after Chait went to his room with some friends, another resident opened the door, sources said. Once inside the house, sources said, the football players went upstairs to the victim's room, where one of them forced the door open and pulled Chait out of the room. Chait was then pushed and kicked by several of the athletes, according to an eyewitness. The victim and numerous witnesses said the assailants were football players whom they could identify, sources said. Earlier this week, football coach Al Bagnoli confirmed that the Office of Student Conduct is investigating three players over the alleged assault. If the D.A. decides to press charges against the athletes, the three will be notified of the date and location of their scheduling hearing within 10-14 days. "Once it's in the scheduling room, the vast majority of private criminal cases are handled in a non-criminal manner," Schneider said, noting that a "menu of options" such as arbitration and mediation are commonly used to settle the complaints in lieu of a formal trial. This incident was one of four alcohol-related assaults during the night of September 27 and early morning of September 28, University Police said. The student alleged to have been responsible for one of the other incidents -- in which a student was seriously injured and a police officer was assaulted -- was arrested at the scene and is currently awaiting his hearing, Rush said. And the case of a Temple University student allegedly responsible for knocking a Penn student's tooth out during a fight in front of the Quadrangle has been referred to Temple's Judicial Inquiry Office. Daily Pennsylvanian staff reporter Randi Rothberg contributed to this article.