Charges Dropped Against Beason

Carolina Panthers linebacker Jon Beason will not be prosecuted for assault, prosecutors announced Friday, saying there wasn't enough evidence to support a Huntersville man's allegation that Beason punched him in a Charlotte strip club last month.

Beason was arrested after Gregory C. Frye, 29, persuaded a Mecklenburg magistrate to issue a warrant, saying the linebacker punched him in the face at Uptown Cabaret in mid-November. Frye reported the incident to police on Nov. 16, but officers said then that there wasn't enough evidence to charge Beason.

A day after Beason was arrested on Nov. 30, Frye sued Beason for damages in excess of $10,000. That lawsuit is still pending.

Mecklenburg Assistant District Attorney Bruce Lillie outlined in a one-page statement why the charge against the 24-year-old football player was thrown out.

"Other than Mr. Frye's statement, police were not able to obtain evidence that Mr. Beason was the assailant," Lillie wrote.

Beason was "extremely pleased" with the dismissal, said his lawyer, George Laughrun.

"Right after Jon was arrested, he made a statement on his blog that he had faith in the criminal justice system," Laughrun said. "His faith was validated today."

In a prepared statement, Marty Hurney, the Panthers' general manager said: "We are obviously pleased and it validates what Jon told us from the beginning."

Beason, in his third pro season, is one of the Panthers' team captains and is their leading tackler. He was chosen to play in the Pro Bowl after last season and is regarded as one of the National Football League's premier middle linebackers.

Frye's attorney, Curtis Osborne, offered no comment on the dismissal of the criminal charge. But in a statement, he noted that the burden of proof in a civil trial is different than in a criminal matter.

"There is no dispute that Mr. Frye suffered serious injuries from an assault that occurred at the Uptown Cabaret, and there seems to be no dispute that the assault occurred within seconds of words between Mr. Frye and Mr. Beason. I am hopeful that civil discovery will reveal the truth."

The assistant district attorney's statement elaborates on the information investigators received from witnesses.
"Police made contact with numerous people who were in the club when the incident occurred," Lillie wrote. "No one indicated they saw Beason strike Frye. No witnesses have come forward to say they saw Beason strike Frye."
Lillie said Beason told police he had not struck Frye.

Frye's civil lawsuit says Beason hit Frye in the face after Frye told another Panthers player that he saw Beason at Lake Norman with an attractive woman, snorting cocaine.

"Beason said that he asked to have Frye removed from the VIP section in the club after Frye made accusations about Beason," Lillie wrote. "According to Beason, as he was leaving the club, he saw Frye. Beason said that he and Frye exchanged words and bumped chests. Beason said he was pushed away from Frye and left the club."
Lillie said a witness who was with Beason told police he put himself between Beason and Frye and that Beason could not have struck Frye.

The witness, John Simmons, told police that Frye attempted to strike Beason and missed, the prosecutor said.
"Simmons said that Beason drew back to strike Frye but that he (Simmons) hooked Beason's arm and pushed Beason back and out of the club," Lillie wrote. "Mr. Simmons said Beason never struck Frye but that he did see a man in a white long-sleeve shirt (not Beason) strike Frye. Simmons indicated he did not know this man."

The statement by Lillie said Frye was intoxicated during the incident and told CMPD officers and people in the club that he played for the Panthers.

"While being interviewed by CMPD officers after the incident, Mr. Frye claimed to play for the Panthers," Lillie's statement says. "When specifically asked by CMPD if he was a member of the Carolina Panthers team, Frye said he used to play for the Panthers and later said he was on the practice squad several years ago."

Frye has a history of criminal charges and civil complaints, according to court records.

He sued a woman in 2005 for assault and battery and for medical costs, records show, but the case was dismissed. He was charged in 2008 with assaulting a female. That case was also dismissed.



(charlotteobserver.com)