Middlesex County Prosecutor Andrew C. Carey announced today that six of seven teenagers charged with sexually assaulting and/or abusing four other teammates at Sayreville War Memorial High School have been placed on probationary terms and ordered to each serve 50 hours of community service, but will avoid being labeled as Megan’s Law sex offenders.
The sentences were imposed in New Brunswick by a Family Court judge after four of the six football players pleaded guilty in Family Court to charges of committing a disorderly persons offense of hazing, and third degree endangering the welfare of their younger fellow teammates. Each of those four defendants was placed on probation for two years.
The two others were placed on one-year probationary terms after they were adjudicated delinquent following a trial in Family Court. A seventh juvenile defendant is awaiting a trial in Family Court. No trial date has been set.
Prosecutor Carey said that while these juveniles were charged with serious sexual offenses, the cases were resolved in accordance with juvenile laws and in the best interests of the juvenile defendants, the victims and their families. As part of the plea agreements, the Middlesex County Prosecutor’s Office did not pursue the imposition of mandatory sex offender registration required under Megan’s Law.
The four juvenile defendants who have pleaded guilty have been ordered to provide truthful testimony against their co-defendants, and were ordered to have no contact with the victims.
In addition, one of them was placed on curfew while serving his two-year probationary term.
As part of the plea agreements, the Middlesex County Prosecutor’s Office did not insist on having these juvenile defendants registered as Megan’s Law offenders. The decision was reached after the Middlesex County Prosecutor’s Office obtained input from the victims and their families.
The two other juvenile defendants who were adjudicated delinquent on July 1, 2015, stood trial in a closed Family Court trial. Both of them were placed on probation for one year and were ordered to serve 50 hours of community service.
During the trial, the high school principal testified as a character witness for both of the juvenile defendants, despite having no personal knowledge of the assaults and abuses that occurred in the high school locker room.
One of the trial defendants was deemed delinquent on charges of a disorderly persons simple assault, disorderly conduct, hindering his own apprehension by lying to police and hindering the apprehension of his co-defendants by lying to police. He also was found delinquent on counts of obstruction and false swearing. The majority of the offenses would have been considered fourth degree indictable offences if they had been committed by an adult.
The other juvenile tried in Family Court was found delinquent on a disorderly persons simple assault charge, and a petty disorderly persons count of engaging in disorderly conduct for his role in the hazing and sexual conduct.
Initially, the Family Court judge had adjudicated them both delinquent of criminal restraint. Following a motion by the defense to reconsider the decision, and without the receipt of any additional testimony, the judge reversed his own findings of fact, and instead found them not guilty of criminal restraint, thus sparing them from mandatory registration as Megan’s Law offenders.
The seven juvenile defendants were taken into custody in October 2014, after the investigation determined they each played roles in the attacks upon their fellow teammates in four separate incidents at the high school between September 19, 2014 and September 30, 2014.
During the initial appearances, each time the seven juvenile defendants were taken into Family Court, their identities were protected by authorities who transported them in undercover vehicles and brought them into court through security entrances that are outside the public view.
The juvenile defendants were charged during an investigation by the Middlesex County Prosecutor’s Office.
The first incident occurred on September 19, 2014, when a 17-year-old juvenile defendant “body slammed” a 15-year-old victim to the floor and pretended to stomp and kick the victim, exposing him to bodily injury.
On September 26, 2014, the same 17-year-old defendant, along with the two who were adjudicated delinquent following the trial, and another 16-year-old male who is awaiting trial, took part in an attack of a 14-year-old boy.
The victim also was forcibly knocked to the floor. One defendant held the victim, while at least two of the other defendants grabbed his penis and attempted to digitally penetrate his anus. Two to five other students, who could not be identified by the victim, surrounded him during the sexual assault.
Further investigation showed that on September 29, 2014, three 15-year-old defendants were charged with sexually assaulting a 14-year-old boy, whose anus was digitally penetrated through his clothing by one of the defendants, while the other two held the victim down. All three defendants have pleaded guilty and admitted to the penetration.
The final incident occurred on September 30, 2014, when the 15-year-old male charged with the digital penetration on the previous day, swiped his fingers between the buttocks of a 14-year-old boy. The defendant also pleaded guilty to the lesser charges in that sexual assault.
Because of their ages, the identities of the juvenile offenders have been withheld.