Holmes found guilty of assault and battery

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Virginia Tech tailback Michael Holmes was found guilty of misdemeanor assault and battery on Thursday, a reduced charge.  He was originally charged with malicious wounding after a downtown fight in Blacksburg in April.

Holmes was given a 12-month suspended jail sentence and a fine of $13,403.  If he fails to pay the fine within one year, he will have to serve some or all of his jail sentence.  He has been indefinitely suspended from Tech’s football team since his arrest.

However, Holmes’ future in Blacksburg remains in doubt.  Since his felony charge was reduced to misdemeanor assault and battery, he is eligible for reinstatement by athletic director Jim Weaver.  As of now, Weaver has not announced a decision.

Holmes was in a position to earn playing time at tailback this year, along with Trey Edmunds, J.C. Coleman, and potentially Tony Gregory.

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17 Responses You are logged in as Test

  1. This case could go either way, if taken to trial. Reviewing the article in the Roanoke Times today, the Commonwealth’s Attorney indicated in a press release that an independent witness cleared up things on what happened. Holmes was ok defending his girlfriend, but then he took it too far. Holmes admitted that:

    “I think I defended myself, but I did too much. I have to suffer the consequences. I have to pay for my actions.”

    I think the Commonwealth’s Attorney reduced this because the “victims” instigated this and had she taken it to trial, one or more jury members (like some of the posters on here) might have had a problem convicting him at all. So with a negotiated pleas to the reduced charge, both sides win, and you don’t waste taxpayers’ money trying it.

    A plea to the misdemeanor makes sense for several reasons. First of all, he is now eligible for re-instatement; secondly, it can be argued that his plea (probably no-contest since another party to this has filed suit against him ) to the reduced charge and willingness to pay $13,000+ as restitution demonstrates contrition on his part. He needs to come up with the restitution ASAP and work out the civil suit in a reasonable time prior to pre-season. Altogether is might be his best shot at re-instatement. As the kicker was reinstated last year, I think he will be too (plus, they are short on backs). The two cases are different, but similar. The mitigating factors are the provocation, and that he was defending his girlfriend. In the Cody Journal (sp) case, even though a firearm was brandished, he was deemed an accomplice; moreover, when Hudson’s roommate returned after the fact, they went over and beat up some of the defendants. We will see.

    PS: The female track star: she should suffer some repercussions outside of the criminal justice system for her actions.

  2. Everyone on this board is saying the witnesses collaborated with Holme’s version of the story which explains why he was found guilty of a misdemeanor instead of the original charge. However, this still shows a lack of judgment on his part. I am not saying to flee but you would think these guys are coached on how to think in situations like this. Get attention of a police officer, call 911, do something, because fighting back harms his image and that of the program as well, but most importantly could harm others.

    If the evidence was that compelling the case would have been thrown out.

    1. Spoken like someone who has NEVER been in a conflict. “My girlfriend was just assaulted…let me leave and find a police officer!!!”

      What has happened to America where men are turned into women?

      He did the right thing- whipping that boys ass was his only option. The legal system failed him.

      1. This times 1000. This is a society issue. You poke a stick at a snake, what do you expect to get? You instigate a fight with a D1 football player, you more than likely get your ass whipped. Years ago, that was called a life lesson. Now our society allows instigators to take this crap to court, and more times than not, this is what the legal system does.

        1. It is true. We are all upside down and out of whack! It is the chuckle-head low life worms who instigated, harassed and stalked the victims. Like 99% of what is on “news” it is all about creating an event to expose readers.viewers to advertisements.

      2. The error in judgement didn’t happen at the point where “my girlfriend was just assaulted…,” the error in judgement happened well before that point.

        Conflicts like this don’t just spring out of nowhere. There were events, words, and gestures that led up to the point where a fight started. There were definitely opportunities to diffuse the situation before it got out of hand.

        Sure, sometimes the lead-up to the conflict happens VERY quickly and you may only have a matter of seconds to do/say the right thing to keep it from escalating. But the opportunity was there if you take the time to learn how to spot it and act on it.

  3. The $13K is restitution to the victim, not a fine. This is presumably because the victim incurred medical costs or lost wages. Maximum fine for a class 1 misdemeanor is $2,500.

  4. This is a sad case of he-said/she-said gone wrong. RTD reports ex-girlfriend still villifying Holmes, who admits he may have over-retaliated even though he was initially justified. Another friggin’ cat fight in which you have to learn to turn your back and walk away.

    Holmes did not pan out last year, but there were a lot of expectations and he was only a freshman. Word was he was improved this year and might live up to expectations, but I don’t know. I’d have 2 see it on the field. I think the kid is no where near the villian his ex-girl friend thinks he is, I think JW will re-instate him, but I’d be surprised if Holmes prooved to be better than the other backs we have, although I like his size, where he is the 20-tote a game type of back that J C Coleman and Grepory and Mangus are not. I think Holmes could be a good back, but I don’t see it yet.

    1. When your girlfriend is being physically attacked by a crazy psycho ex-girlfriend and the psycho’s male friend then joins in, turning your back and walking away really isn’t an option at that point. Remember that the instigators had reportedly been following Holmes and his GF around for most of the night.

      I really have to take Holmes’ side in this one. Granted, maybe he went overboard and kept inflicting damage on the other people beyond what was necessary to end the fight, but at the same time I can’t blame him one bit for being enraged at what had just happened to his girlfriend.

      IMHO, the punks who started the fight got exactly what they deserved.

      I hope he’s allowed to play this season, and not just because we could use the extra depth at RB. He did exactly what I would have done in that situation.

      1. In addition, it is not exactly he said/she said when there are witnesses that verified Holme’s story. I think the facts are pretty clear on this one.

      2. I’m not sure it went down exactly the way you have described it. Either way, wish Holmes the best of luck. The chances are very slim he is back in Orange & Maroon, in my opinion.

      3. Frankly, I was always of the opinion that if I get in a legitimate fight… the other person’s not going to be in a condition to get up and come after me again before I walk away…

        He was defending his girlfriend and himself… the “victim”/instigators gave up their right to safety/health the second they threw their first punch

        just my opinion though

      4. Got what they deserved…Except, when do you get $13K in medical restitution for letting your elephant mouth overload your butterfly arse?!

        I agree he got a raw deal, and no one but him is being held in any way accountable. I did not feel this way at first glance, but I don’t know what else he could or SHOULD have done.

        To say he should have known better is a ridiculous sentiment. At that age, we ALL should have known better, but did we? I speak for myself when I say..NO! His only option is NO option at all; to hide in his room between classes and practice until he graduates.

        btw….I still don’t see him as a being a great back for the Hokies (3rd-4th choice at best for now), so nobody can accuse me of wanting him back for that reason. I just think his reinstatement is only fair!

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