CJ Mizell Arrested After Fight At A Fraternity, According To Report
by Brian Floyd on Feb 6, 2012 6:06 PM PST
in 2011 WSU Football News
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PrintWashington State linebacker CJ Mizell was arrested on Monday Sunday night, according to a report by KREM in Spokane. The arrest stems from an alleged assault at an off-campus fraternity, which reportedly took place Friday early Sunday morning. Mizell was not apprehended at that time -- the report indicates he had left the scene -- but was reportedly picked up later on Sunday.
Details from the report, which is short, are below.
Police say C.J. Mizell was in a fight at the Delta Tau Delta Fraternity on Friday night.
When police arrived on scene Mizell had fled.
Mizell was arrested on Sunday on charges of 4th degree assault. He was booked, cited and released.
As we've learned before, 4th degree assault is about as low of a charge as one can get for an altercation, but this still doesn't look good. Mizell's struggles have been well-documented -- from a one-game suspension to questionable practice habits -- in the past. With the new coaching staff, one would expect the soon-to-be junior linebacker was in line to get a fresh start, and this doesn't help matters.
What comes next is not yet known. We would have to assume Mizell had already been given "the talk" as part of the coaching transition, and his arrest, if the reports are true, could spell the end of his tenure as a member of the football team. Or he could end up punished in the same way Mike Leach came down on players who fought at Texas Tech: With a simulated boxing training session that stretches for hours and involves grueling stations. Who knows!
Back with more as we know it.
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Not one bit surprised.
When Leach came on board and I heard about his no tolerance policies I basically figured CJ would be gone before the season started. Clearly not what we want to hear, and I hoped he would figure it out. But if this turns out to be true, not surprised one bit.
Still, that’s a big loss if he gets kicked off.
Brett Gleason | Twitter | Sports Minds Blog | Never fallen in the sarchasm.
Not really trying to defend him here but I don't think Mizell has ever been in trouble off the field has he?
This seems a little unfair. He’s had attitude issues on the practice field but that doesn’t make you a criminal. And can’t 4th degree assault be as little as spitting on someone or threatening to fight them? I feel like I remember Casto dodging one or two of these charges before.
If he broke the rules and Leach tells him “good-bye” then so be it, but let’s at least get the details.
by klokkins on Feb 6, 2012 6:16 PM PST up reply actions 2 recs
4th degree assault could be as little as invading someone's personal space.
It’s kind of the “Well, we’ve probably gotta arrest someone” category. I’m not defending him, but it’s kind of a dumb thing to get in trouble for.
by Kyle Rancourt on Feb 6, 2012 6:49 PM PST up reply actions
The city of Pullman has a zero-tolerance policy on fighting. It's been explained
to me as we can prove you were fighting or about to fight you get arrested. Simple as that.
"If you want your dreams to come true, don't sleep in."
Probably worth a revisit of the exact wording of RCW 9A.36.041
(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.
(2) Assault in the fourth degree is a gross misdemeanor.
To give you an idea, someone can be charged with 4th degree assault for throwing a snowball that someone didn’t appreciate having thrown at them. We don’t know any details of the assault or even if the charge will stick at this point. But it doesn’t look good to be sure.
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 6, 2012 6:46 PM PST reply actions
I don't believe the RCWs define "assault"
but in many jurisdictions, “assault” means merely threatening someone, which can be distinguished from “battery” (unwanted touching of another).
I also don’t believe Washington has a separate definition of “battery” — and I’m not a criminal lawyer, so I’m not sure how much this has been fleshed out in the case law — but I would expect fourth degree assault could be as little as threatening someone with harm.
For all we know, CJ may just have told some guy that he was going to beat his a__. Not exemplary conduct, but perhaps not as bad as the charge makes it sound.
Big point is that we don’t know what happened.
Yes, you should follow another Coug-related account on Twitter: @425CougFan
That's why the RCW is there
As you said, it allows wiggle room for some cities/counties but it’s an umbrella law, essentially making sure if something someone does doesn’t fall under A, B or C, they can still be hauled in for something.
And you’re correct on no separate law for battery. For instance, RCW 9A.36.011 (1st degree, the most severe) includes this line:
Assaults another and inflicts great bodily harm.
Assault 4 is so unspecific and that’s the problem we have when it comes to deciding what to think here. As Kyle said above, it’s the “well, we have to do SOMETHING” level of assault. I say we do what Coach Leach will likely do: wait and see what happens. He could’ve hit someone, but he also could’ve accidentally picked up a beer that wasn’t his, someone took issue with it and he threw it at them (Note: I’m in no way implying that’s what happen, just an example)
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 6, 2012 7:51 PM PST up reply actions
Assault vs Harassment
Simply put, in Washington, the crime of harassment is where you threaten a person and assault is any unwanted touching.
by Coug Rower on Feb 6, 2012 7:52 PM PST via iPhone app up reply actions
I think that's the big difference in this state
Someone please do correct me if I’m wrong but I believe in most states, this is how it goes: you throw a punch but it doesn’t hit someone can equal assault but if you make contact, it’s battery.
Also, CougCenter: preparing you for the BAR exam since 2012
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 6, 2012 7:58 PM PST up reply actions 2 recs
Not sure about other states...
But in Washington, a thrown punch that doesn’t connect is still considered assault. Washington doesn’t have battery.
by Coug Rower on Feb 6, 2012 8:09 PM PST via iPhone app up reply actions
In washington...
Assault is of the mind and battery is physical. BLaw to the rescue.
But there's no battery law in the RCW...maybe my Google search wasn't extensive enough BUT
This is from Assault in the 1st degree
(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death
Sounds awfully physical to me.
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 7, 2012 1:14 AM PST up reply actions
There is no battery in WA, only assault.
And assault doesn’t necessarily require physical contact, but it does require apprehension by the victim. If a reasonably prudent person would actually believe they were in physical danger, it can be classified as assault. As mentioned above, this can be as simple as invading someones personal space or flinching.
Caple Update:
Linky. Talked with Pullman PD…..certainly doesn’t look good.
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 6, 2012 8:05 PM PST reply actions
Oh well, is that all? I punch my way into parties all the time.
by wazzu93 on Feb 6, 2012 8:11 PM PST up reply actions 2 recs
I usually ask nicely and if they still say no, I try crying. You'd be surprised how often that doesn't work....
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 6, 2012 8:13 PM PST up reply actions 1 recs
not if he punches like a pansy...
you know… like a bear would in 4 ft of water….
#CougHarmonyOnTwitter #teamnopants
by TiltingRight on Feb 6, 2012 10:39 PM PST up reply actions 4 recs
I've seen Pullman PD
sensationalize far too many police reports to the media (and in court) to take that at face value.
#CougHarmonyOnTwitter #teamnopants
by TiltingRight on Feb 6, 2012 10:40 PM PST up reply actions 1 recs
CJ Mizell punched someone....
“Allegedly”….
If My Life Is Great, Why Am I Not Happy?
by well you win some and lose others on Feb 6, 2012 11:07 PM PST up reply actions
I want to know who is the guy who reported him?
If I got in a fight I would not report it. So what, he wanted into the party and got into a fight. Why report it?
CougCenter OG since 9/2/2008 | @TheSoCalCoug
If you don't like someone, you'll find any reason
There are a couple people in this world I really distain and even if they just swung at me, I’d call the cops. Granted, I don’t think I’ll ever be anywhere Jay Leno or Venoy Overton but you see my point.
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 6, 2012 8:25 PM PST up reply actions 3 recs
If I didn't like the person I still wouldn't report it.
I guess I am kind of old school. Now if it is a gun, knife or a group beating on one person that is a different story. If it is life threatening then ya, but a good old scuffle then who cares? Suck it up.
CougCenter OG since 9/2/2008 | @TheSoCalCoug
Uh, I'm just going to go ahead and say that punches from Mizell would be terrifying
And possibly life threatening. Just saying.
I get your point. Ya but you have all your frat brothers around you,
nothing serious is going to happen. I am guessing a quick sucker punch (or two) happened then CJ took off. They got pissed and called the cops. I love assumption commenting.
CougCenter OG since 9/2/2008 | @TheSoCalCoug
If it puts me in the hospital then ya.
If I have a black eye or a bruised ego then no.
CougCenter OG since 9/2/2008 | @TheSoCalCoug
What I want to know is how is it second degree criminal trespass if he didn't get into the party and fled?
by wazzu93 on Feb 6, 2012 8:25 PM PST up reply actions 1 recs
presumably the alleged trespass could have occurred between being asked to leave and the actual leaving
We don’t know the details.
by standingwave on Feb 6, 2012 10:46 PM PST up reply actions
They could also say
“Hey, we didn’t invite you to our party. You were trespassing on our property by even showing up.” Whatevs.
Yes they could
but I don’t believe a prosecutor would press charges for someone showing up, being told they aren’t on the guest list and then leaving. I guess we have to wait for the police report.
by standingwave on Feb 6, 2012 11:08 PM PST up reply actions
But it's enough to get arrested
if the police officer decides to do so.
#CougHarmonyOnTwitter #teamnopants
Snitches get stitches
I miss *REAL* Four Loko
by B-Lot tailgater on Feb 6, 2012 8:38 PM PST up reply actions 5 recs
Here's first degree
Link. Second degree is basically like the assault 4 charge….anything that doesn’t fall under 1st degree trespass is 2nd degree
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 6, 2012 8:29 PM PST reply actions
Damn. Reply fail. My bad.
Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug
by Michael The Coug on Feb 6, 2012 8:29 PM PST up reply actions
Next time they don't let you into a party CJ, come over to my apartment and I'll have my wife bake cookies
It’s really not that big of a deal.
Around these parts, a man could get hurt for wearing purple.
Dont think he will be kicked off
And I just read the part in Swing Your Sword about the fight training. I hope Leach recognizes that Mizell could be a big factor on our team and maybe he can teach him a few things directly via his unique disciplines.
by WinOrLoseCougsBooze on Feb 7, 2012 12:56 AM PST reply actions
I was really hoping to stay out of the Fulmer Cup this year
le sigh….
I am singing the quiet song...THE QUIET SONG... THE QUIET SONG!!!
Wazzu stay out of the Fulmer Cup?
Attractive, Intelligent, Smart A**
by Neil Vincent Roberts on Feb 7, 2012 9:00 AM PST up reply actions
I am curious how the rest of the week plays out...
While I am disappointed that this incident happened I am curious to see how Leach reacts after he gets all the information. How MIzell reacts to that reaction… if he learns anything or just jumps ship. I don’t get the feeling that this is the type on incident that gets him booted unless we are missing a big piece of the story.
I almost bet that Leach likes that these things happen early so that he can go through his process and the players realize that they need to not be stupid or there will be consequences. He gets to know his players… and if he has to cut ties with a player there is still a long time to fill a hole.
Not the original SoCal Coug... just another Coug Fan in SoCal. Go Cougs!
Cougfan reporting CJ's gone.
Dismissed from the team.
#CougHarmonyOnTwitter #teamnopants
by TiltingRight on Feb 7, 2012 10:13 AM PST up reply actions
We really didn't need this a month into the semester.
I hope the rest of the team gets the idea. Hold yourselves to a higher standard. Don’t put yourselves in situations where, I think 4th degree assault so broad/ a joke in a lot of cases
you can get arrested, etc.
It's pretty clear this wasn't the one singular event.
I’m curious, too, what color shirt he was wearing for midnight maneuvers….
#CougHarmonyOnTwitter #teamnopants
by TiltingRight on Feb 7, 2012 11:40 AM PST up reply actions
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