Judge acquits Sofield of charges in FIJI incident

College freshman Bill Sofield was found "not guilty" of disorderly conduct and resisting arrest in an October incident. After a 3 1/2-hour trial yesterday, Philadelphia Common Pleas Judge James Dillion acquitted College freshman Bill Sofield of disorderly conduct and resisting arrest charges stemming from an October 30 incident. Sofield, 18, was one of three men that University and Philadelphia police arrested in an incident that allegedly began with an argument outside the Phi Gamma Delta house and -- after one of the men allegedly assaulted four police officers -- quickly attracted more than 40 police officers from five area forces to the scene that night. "This man shouldn't be here," Dillion concluded in a verdict that brought applause from eight FIJI brothers. Sofield, who was arrested in the FIJI fraternity house at 3619 Locust Walk, has alleged -- along with several FIJI brothers -- that he was unnecessarily beaten by police officers after they entered the fraternity house to arrest him. Although a 1 1/2-month University Police investigation concluded in December that the police officers did not use excessive force when arresting Sofield, his family said yesterday that they have not ruled out filing a civil suit against the officers. University Police Det. Commander Tom King stressed that the investigation and the trial focused on "two separate issues." "Just because there was reasonable doubt [as to Sofield's guilt] does not mean that there was police misconduct," King said. Sofield's father, Thomas Sofield of Long Beach, N.Y., said that although he had "complete faith" in the criminal justice system, the investigation's findings were dubious. "I'm really disappointed at the way this situation was handled by the police department and the University," said the elder Sofield, a police officer for 20 years. "I would have expected more of a university of this stature." One of Sofield's companions allegedly assaulted four police officers in the incident, leading to the huge police presence. Sofield's attorney Walter Phillips suggested in court that his client's arrest was more the result of police outrage than Sofield's behavior. The incident began after an evening of drinking and socializing at two restaurants and the FIJI house, when Sofield and his older brother Richard, 28, stood with Richard's friend Warnell "Yode" Owens, 27, outside the house. Between 10 p.m. and 10:30 p.m., University Police Officer John Daugherty approached the men. In his testimony, Daugherty said the men were arguing, cursing loudly and visibly drunk. Bill Sofield's shirt, he said, was wet and he smelled of "beer or some malt beverage." Daugherty told the judge that he had never seen any of the men before, and that they refused to show identification or tell him where they lived. After arresting Richard Sofield for disorderly conduct, both Owens and Bill Sofield fled into the FIJI house, according to Daugherty. Owens, a 6'2", 250-pound former Harvard University football player, then left the house through a back door and allegedly assaulted four officers in three separate incidents between the rear of the fraternity house and the intersection of 36th and Walnut streets. More than 40 officers had arrived by the time Owens was subdued. Between 15 and 20 then entered the FIJI house in search of Bill Sofield, witnesses said. Three FIJI brothers who witnessed the incident testified that Sofield did nothing to resist arrest once officers found him in the house. Although Sofield did not testify, two University Police officers contradicted the FIJI brothers' testimony, saying Sofield flailed his arms and resisted officers' efforts to handcuff him. In his brief explanation of the acquittal, the judge said that Sofield's alleged actions throughout the incident did not amount to disorderly conduct or resisting arrest.

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