San Diego State alumnus turns tragedy into cause for legislation

Giselle Domdom

Gov. Arnold Schwarzenegger signed legislation on Tuesday in San Diego that prevents California public- and community-college athletes, who have been convicted of a felony, from participating on a college sports team until after their sentence has been served.

Playing a college sport is not a right, it is a privilege, said Schwarzenegger, before the signing in the Hall of Justice.

The bill, AB 2165, was drafted by San Diego Assemblyman Jay La Suer, R-La Mesa, Calif., following an incident in which three Grossmont Community College football players pleaded guilty to felony assault charges against a San Diego State student in September 2004 but were still allowed to participate in team sports during the 2005 season, even though their time had not been served.

The players, Gary McLaurin, Kenneth Tullis and Carter Hallock, each were sentenced to 270 days in jail and three years of probation prior to the football season.

But that year, the three convicted felons were still allowed to play football, and Grossmont College won the California Community College championship with their participation.

After further investigation, the three convicted men revealed another assailant responsible for the reported assault.

Richard Nelson, a fourth player from the team, was recently charged and convicted in association with the incident.

We want student athletes, La Suer said. We don’t want student thugs. We don’t want student criminals. You’re supposed to be a role model, and you can’t be participating in committing felony.

The victim, who’s now an San Diego Statealumnus, Dave Wiens, suffered a broken jaw and required major surgery and ongoing medical attention following the incident. A titanium plate was inserted in Wiens’ jaw, which was wired shut for six weeks.

We thought those convicted criminals would be ineligible to compete and that no coach would want or be allowed to play them on their teams, said Melodye Shore, Wiens’ mother. We learned, unfortunately, that our assumptions were incorrect, thus demonstrating to us the need for this bill’s legislative remedy.

Shore said although the Grossmont Community College officials said that the incident raised huge concern, no definitive policies were in place to help determine whether student athletes who had been convicted of violent felonies were eligible to participate in school-related team sports.

It was very personally significant for me to be recognized along with others for the efforts that my family and I have put in having this bill come to pass, Wiens said. I do think it’s something that’s overdue, considering situations like my own.

In terms of justice, I feel that was served during the criminal convictions, but it’s very gratifying to know that no one will have to be in the position I was in.

Wiens, who graduated in the spring with a bachelor’s degree in business management and worked as an account executive for The Daily Aztec, said that he hopes for the few college athletes who feel like they can do whatever they want or act however they want, a new consideration will be taken to the consequences of their actions and team ineligibility.