Felony assault charges against a 21-year-old Towson State University football player, who was accused of smashing a fellow student's face into the pavement, have been dismissed by a Baltimore County District Court judge.
But a county prosecutor said he would bring the case before the grand jury today in an effort to have Gregory Andress, a 6-foot-2, 236-pound linebacker, indicted on felony assault charges.
Jason League, an assistant state's attorney, said he felt District Court Judge G. Darrell Russell Jr. made too much of the fact that the victim in the case started the fight.
"Whoever started it, you don't smash someone's face into the pavement five times," League said.
In dismissing the case Thursday, Russell said that although it was an unfortunate incident, Andress appeared to have acted in self-defense.
A junior from Waldorf, Andress had been charged with assault with attempt to murder in the May 5 beating of Kevin Greimel, 21.
Baltimore County Police Officer Joseph Yeater, who investigated the case, said that several witnesses, including the defendant, said Greimel started the fistfight as a group of students were leaving an off-campus party.
In the altercation, Andress smashed Greimel's face into the pavement several times, Yeater said.
League argued that, whoever started the fight, Andress demonstrated "excessive force."
But Robert A. DiCicco, Andress' attorney, called it "a simple assault that in years gone by would never have been subject to a court proceeding."