Court to decide fate of assault case

The five students accused of assaulting a Princeton University debate team member in November continue to await their preliminary hearing, which is scheduled for next month. The students -- College freshmen David Hochfelder and Philip Balderston, College sophomore Thomas Bispham Jr., Wharton sophomore Tavraj Banga and College senior Steven Stolk -- are scheduled to appear at a preliminary hearing on Feb. 21. The Penn students are accused of assaulting Princeton student John Brantl early in the morning on Nov. 16 in a common room in the Quadrangle. They have been charged with aggravated assault, simple assault, reckless endangerment of another person's life, terroristic threats and conspiracy to commit a crime. Aggravated assault and conspiracy to commit a crime are both felonies, which could carry a maximum sentence of 10 to 20 years. The February hearing will determine whether there is enough evidence to continue with proceedings against the five students and where these proceedings will take place. According to Penn Law Professor David Rudovsky, any number of things can occur following the pre-trial hearings. If the district attorney decides to continue with the felony assault charges and the judge agrees that there is enough evidence to bring the students to trial, the case will move to the Philadelphia Court of Common Pleas. If the DA or judge decides that felony charges are not appropriate, the students could then be tried in Philadelphia Municipal Court on misdemeanor charges or the charges could be dismissed entirely. While it is common for cases to be reduced to misdemeanor charges at preliminary hearings, Rudovsky said, it is difficult to predict what will happen in each individual case. It is also possible that the DA and the defendants will reach an alternative agreement and avoid trial. "There is always potential for plea-bargaining," Rudovsky said. "Any number of things could happen." If the students decide to pursue a plea bargain, there are a number of possible outcomes. For instance, they could plead guilty in exchange for reduced sentences, or they could reach an agreement in which they could avoid prison time altogether. "It all depends on what the defendants and the district attorney want to do," Rudovsky said. Brantl was at the University for a debate tournament. The five accused Penn students allegedly entered the room where Brantl and other members of the team were staying and poured motor oil on him. One of the defendants allegedly threw a lit cigarette at him.