- The Washington Times - Friday, September 28, 2001

Maryland senior linebacker Marlon Moye-Moore, the team's second-leading tackler last season, was convicted of second-degree assault in Prince George's County, Md., circuit court yesterday in a case stemming from a February incident at a Hyattsville nightclub.
In another case involving the same incident, sophomore cornerback Andrew Smith was found not guilty of second-degree assault and cleared of all charges. Both were found not guilty of robbery, theft, conspiracy to commit robbery and conspiracy to commit second-degree assault.
Moye-Moore's sentencing hearing is scheduled for Oct. 5, a request by the state that was granted by Judge Jed Shepherd. Second-degree assault, a misdemeanor, carries a penalty of up to 10 years in prison.
"We're glad that the jury understood this to be a barroom fight," said Stephen Brennwald, Moye-Moore's attorney. "Marlon has never denied there was a scuffle. However, the allegation of robbery was absurd."
Maryland coach Ralph Friedgen said yesterday he will speak with Moye-Moore next week and decide whether to redshirt him or allow him to play. Smith still has this season, plus two more years of eligibility.
"I've talked to them, and I want to see how the lawyers talk to me," Friedgen said. "I want to see how it went down. I think I have to be fair to the kids, too. These guys have not been a part of this football team since February. I have to weigh that."
Friedgen added that if Moye-Moore says he wants to play, the coach will honor that decision. There is no guarantee how much or in what capacity he will play, though. Sophomore Leon Joe has filled in nicely, recording 23 tackles, including four for losses.
John Zacker, Maryland's director of student discipline, said because the incident occurred off campus and neither player was convicted of a felony, the university will take no action against the players under the code of student conduct.
Moye-Moore and Smith, a seldom-used defensive back, were charged following an altercation involving Maryland student Derrick Levroney at a Hyattsville nightclub Feb. 2.
They were charged with assaulting Levroney, who no longer attends Maryland, and robbing him of $45. Levroney testified at a hearing two weeks ago that Moye-Moore and Smith cornered him and attacked him in a small bathroom for seven to 10 minutes and that there were no witnesses.
Moye-Moore and Smith have missed the team's first three games and will not play tomorrow against West Virginia. Moye-Moore said he has been lifting weights and training on his own and is in his best shape ever entering a season, but he conceded it's tough to say if he is in game shape because he hasn't put on pads since the Terps' final game last season.
Note Assistant athletic director Dave Haglund said approximately 39,000 tickets have been sold for tomorrow's game, though the figure includes a student allotment that has not been exhausted. Maryland's last sellout of 48,055 at Byrd Stadium was in 1995, also against West Virginia.

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