Deal near in Lewis murder case

Plea agreement would net probation, according to sources

Guilty to obstruction

Raven would testify against two others and be able to play

June 05, 2000|By Jon Morgan | Jon Morgan,SUN STAFF

ATLANTA - Murder charges will be dropped against Ravens linebacker Ray Lewis in exchange for him pleading guilty to obstruction of justice under a tentative agreement worked out yesterday with prosecutors, sources familiar with the case said.

The agreement, which brings to an abrupt end a two-week trial that had gone very badly for prosecutors, recommends Lewis receive 12 months' probation on the misdemeanor obstruction charge, according to sources familiar with the case who spoke on condition of anonymity.

That would preserve his ability to play in the upcoming NFL season. Lewis is believed to be only the second active player in the National Football League to be charged with murder.

Reached at home, Lewis' chief attorney, Edward T. M. Garland, yesterday declined to confirm or deny the agreement. But he said, "We think Monday will be a good day for Ray Lewis."

Ravens owner Art Modell said last night that he was "aware of it," referring to a possible Lewis plea bargain, but said he would not comment "until it comes to fruition today."

Coach Brian Billick said he could not comment. "It wouldn't be prudent."

Lewis' spiritual adviser, the Rev. Richard Harris of Florida, said he had talked to Lewis last night and that the football player felt the tentative deal was "excellent" news.

"He's relieved," Harris said. "His life is no longer on the line."

Both sides were scheduled to appear at 8:30 a.m. today before Superior Court Judge Alice D. Bonner. If Bonner, who has presided over the trial, rejects probation for Lewis, prosecutors will drop the charges and Lewis will face no penalty, under the terms of the agreement, the sources said.

Under the agreement, Lewis would be required to testify against his two co-defendants, Reginald Oakley, 31, of Baltimore and Joseph Sweeting, 34, of Miami. Both could be damaged by his testimony, according to one source.

Steve Sadow of Atlanta, an attorney for Sweeting, said last night he didn't know of a deal. "That will be very interesting," he said.

The three, all of whom pleaded not guilty, were being tried together on charges of aggravated assault and murder in connection with the stabbing deaths of two men in Atlanta's fashionable nightclub district at 4 a.m. Jan. 31, the day after the Super Bowl was played here.

Prosecutors alleged that the three, after an exchange of vulgar language possibly initiated by the victims, attacked Jacinth Baker, 21, and Richard Lollar, 24, stabbing them fatally.

The victims were both from Akron, Ohio, but had moved to the Atlanta area.

Witnesses promised

At the beginning of the trial, Fulton County District Attorney Paul Howard promised jurors he would bring several witnesses to the stand who would describe what happened. But as he moved through his case, witness after witness hedged, testifying to less than they had told investigators.

Even friends of the victims who had been with them during the fight were hazy about who did what. The most damaging testimony came against Oakley, who, several witnesses said, "flipped" and beat Baker.

But the witnesses also said Baker had hit Oakley on the head with a champagne bottle first - giving Oakley grounds to claim self-defense.

No witness testified to seeing Lewis stab anyone. The driver of the limousine that Lewis had rented was expected to be the prosecution's star witness, but he recanted earlier statements to investigators.

Didn't see punch land

Driver Duane Fassett of Severn told jurors he only saw Lewis raise his fist against the man believed to be Lollar. The driver said he looked away and didn't see a punch land.

Prosecutors were trying to recall him to explain contradictions with his earlier statements, but Fassett was fighting the new subpoena. Emotionally distraught over the situation, he was receiving medical care that precluded his being served with the subpoena, according to one source.

Prosecutors were engaged in talks with other passengers in the limousine, two of whom they only identified two weeks ago, but each was demanding immunity from prosecution. The district attorney was reluctant to grant immunity in the event it turned out one of the others in the vehicle was involved in the killings.

Evidence of obstruction

One man did testify to coming upon the brawl and seeing Lewis kicking a victim. But that witness, Chester Anderson, admitted being a con man under indictment for fraud.

There was stronger evidence against Lewis for obstruction. By his own attorney's account, Lewis was evasive and dishonest with police later in the day of the killings. He claimed not to know who he had been with during the fight several hours earlier and refused to look at lineup photos.

Fassett testified that Lewis told him not to tell anyone what he had seen. Others said he expressed concern about his career being damaged.

None of the 10 passengers in Lewis' limousine called police after the clash, despite the vehicle being shot at as it sped away.

No weapon recovered

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