Stewart's conviction reduced to misdemeanor

By Zach Thomas
Arizona Daily Wildcat
April 15, 1996

Saying "I wish you luck" in closing Friday's sentencing hearing, a Pima County Superior Court judge reduced former UA cornerback Derrick Stewart's felony assault conviction to a misdemeanor and sentenced him to two years of probation as part of a plea agreement.

Judge Deborah Bernini cited Stewart's previously clean criminal record in her decision not to impose fines or prison time.

"Your life up until this conflict seemed to be an exemplary one," she said.

A handful of Stewart's friends and family also provided personal reference letters that defense attorney George Roylston gave the judge at the hearing's.

Friday's 9 a.m. hearing follows a Jan. 23 trial in which Stewart pleaded no contest to aggravated assault, a class 6 felony.

The charge stemmed from a 1995 incident in which Stewart and a number of teammates allegedly assaulted airman Terrence McIntosh, of Davis-Monthan Air Force Base, and broke his jaw during a party May 21 at the Holiday Inn, 181 W. Broadway Blvd. The fight reportedly arose after an argument on the dance floor.

Stewart was suspended for the first two games of the 1995 football season because of the allegations.

During Friday's hearing, the judge also elected to let monetary restitution be decided by a civil suit filed by McIntosh seeking damages from former UA football players Stewart, Brandon Sanders, and Shawn Parnell, and current player Gary Taylor.

The suit alleges the four assaulted McIntosh during the party and also names the party's host, Anson Watts, a former UA track athlete, and Holiday Inn Inc. for not providing sufficient security at the event.

Alexander Sierra, McIntosh's attorney, told the Wildcat on March 25 he expects a trial or an agreement in the civil suit nine months to a year from now.

Stewart, 23, a media arts senior, appeared calm throughout the proceedings and told the judge he had "never been in trouble" and is due to graduate in May.

"I'll prove to you that I'm not a criminal," he said. "I'm just a person who's trying to get an education."

Roylston argued his client had been punished enough simply by the process and asked the court to designate this a misdemeanor and impose an "appropriate fine."

"Let Mr. Stewart get on with his life," he asked.

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