Suspended Miami Football Player Escapes More Jail Time Related To November Assault

BY THE MIAMI UNIVERSITY JOURNALISM PROGRAM
Former Miami University football player Zachary Smierciak will serve no additional jail time for an assault at Oxford's Brick Street bar in November.

Smierciak, who was suspended from the team after the incident, didn't speak during his sentencing Thursday in the Butler County courthouse in Oxford. But his attorney, Neal Schuett, told Butler County Area I Court Judge Robert Lyons that his client is very remorseful.

"He feels terrible. He didn't intend any malice. He didn't intend any harm to any one in any way," Schuett said. "It was a split-second decision and obviously the wrong one."

According to Oxford Police Department reports, Smierciak was kicked out of Brick Street at 1:35 a.m. on Nov. 6. As he exited the bar, he shoved a 10-foot ladder, throwing Brick Street employee Robert Null to the ground. He then ran to another nearby bar, where Brick Street employees tackled him and held him until police arrived.

In December, Smierciak pleaded guilty to a first-degree misdemeanor in the incident, a step down from an original felony assault charge.

Letters had impact

Both Smierciak and Null wrote letters to the judge before the sentencing hearing. The judge also ordered a pre-sentencing investigation of Smierciak. On Thursday, Lyons told Null his letter had a great impact on him.

"In this type of case... there is a horrible accident because of the consumption of alcohol," the judge said before releasing the sentence. "The driving evil here is the alcohol. Two families are impacted literally forever because of one incident."

"Your actions have caused tremendous loss, both physical and emotional," Lyons said directly to Smierciak. "You are fortunate the resolution is less than you started out with. A felony conviction would have been so much worse."

Lyons told Smierciak he could have been in prison for years. "You should consider yourself very fortunate. I hope you redeem yourself. I hope you distance yourself from alcohol."

Smierciak received a sentence of 180 days in jail and a $1,000 fine. He received credit for one day in jail after his arrest, with the remaining 179 days suspended. Lyons also called for Smierciak to serve one year of probation, and to complete drug and alcohol assessment and anger management. The judge also ordered that he have no contact with the victim.

Smierciak's family members in the audience cried after the sentencing.

Null's health problems

After the hearing, Null said he's been dealing with health problems since the incident. He said his injuries included a cracked head, a fracture in his back and a dislocated shoulder. He said he has severe memory loss and no sense of smell. Earlier listed as a senior economics major at Miami, his name does not currently appear in the online student directory.

Smierciak, who is listed as a senior engineering management and pre-med major on Miami's web site, declined comment after the hearing. His family confirmed that he didn't play in the St. Petersburg Bowl on Dec. 26 and that he has three semesters left before graduation.

Miami football spokesman Dave Meyer said Smierciak, a defensive lineman, was suspended from the team after the incident. He referred additional questions to Claire Wagner, director of the office Communications and Marketing. Wagner said Smierciak was on probation last fall and she hasn't heard that his status has changed.

He is not currently listed on the football team roster on MiamiRedhawks.com.

1219 considerations

During the hearing, Schuett asked the judge to consider Ohio statute 1219, which outlines actions that can cause a student to be suspended or dismissed from a university or an employee to face similar sanctions. "This is going to have life-changing effects -- not only for the victim... but for Zach."

Susan Vaughn, director of Miami's Office of Ethics and Student Conflict Resolution, said she couldn't comment on the case, but said any student is subject to a hearing if he or she violates Miami's Code of Student Conduct. Such a hearing would be separate from a court case and could result in dismissal from the university, according to the Code of Conduct and Ohio state law.

Photo: Butler County Area I Judge Robert Lyons sentenced Miami University student Zach Smierciak at the Butler County courthouse today. -- Contributed photo