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Former UD football player pleads guilty in assault case
Thursday, October 23, 2008
DAYTON — A former University of Dayton football player, one of five students accused of participating in a March 8 fight that left two students injured, pleaded guilty Thursday Oct. 23 to felonious assault, a second-degree felony.
Matthew Livingston, 19, was indicted on felonious assault and burglary charges on May 2. He will be sentenced Nov. 20 by Montgomery County Common Pleas Judge Mary Wiseman.
A second-degree felony is punishable by up to eight years in prison.
Three UD players, James Vercammen, Matthew Riddle and Anthony Papp, all pleaded guilty to burglary charges earlier this year, and Wiseman granted them intervention in lieu of conviction. Should they complete a counseling program and stay out of trouble, their cases will be dismissed. All three agreed to testify against Livingston and teammate Brad Schmitt.
Schmitt, pleaded no contest June 19 to a misdemeanor charge of assault and Wiseman placed him on five years probation.
All five are accused of fighting with people at 230 Kiefaber St. Police found two injured students, including one with a broken arm and ribs and a concussion.
During an April 25 hearing, Vercammen admitted being in the house, where he fought. He also testified he saw Livingston with what appeared to be a chair. "I saw him raise it over his head and bring it down," Vercammen said.
