Trial begins for former Boise State football player accused of Mayhem – Idaho Press-Tribune

BOISE — A jury trial began Monday for former Boise State football player Dereck Boles, who is accused of biting off part of a teammate’s ear during an altercation in February 2016.

During opening arguments at the Ada County Courthouse, the defense conceded that Boles bit off a portion of former Bronco Chanceller James’ left ear but said it was done out of self defense.

The prosecution argued that Boles “unlawfully and maliciously disfigured and or slit the ear” of James. Boles faces a felony mayhem charge.

Several former and current Boise State football players are listed as witnesses to the event and could be called to testify as early as today. James was the only former Boise State football player to take the stand Monday, along with a doctor who performed surgery on James’ ear that night and a former female Boise State student who attended the party and traveled to the hospital with James.

Ada County Deputy Prosecutor Heather Reilly described the scene of a party on Feb. 12, 2016, at a house rented/occupied by multiple Boise State football players. Several now-former and current Boise State football players attended the party, which all parties involved admitted included alcohol.

The initial incident started during an early-morning workout the previous day, when Boles argued and cursed at a member of the Boise State strength coach for giving him a poor grade on a drill, according to James.

James testified that players then tried to calm down Boles while the team was gathering around the coaches at the end of the workout.

According to James’ testimony, the entire team was forced to do up-downs (burpies) as punishment for Boles’ outburst.

The following night at the house party, Boles and James had to be separated after a verbal argument about the events of the previous day. James said Ben Weaver and other players separated the two into separate areas to defuse the situation, but the two eventually met back up in the kitchen, where James testified that Boles placed his thumbs into his eyes to “gouge my eyes out.”

The defense argued during opening statements that Boles acted out of self defense when he bit the ear of James when other players grabbed him during an attempt to pull the two apart.

James admitted to not wanting to press charges in part because he said he would have handled the situation differently had he not been drinking. James admitted during his testimony to drinking “eight or nine” shots of alcohol at the party. The defense also admitted that Boles, who turned 20 on that day, was drinking, as well.

Court was adjourned for the afternoon with James still being questioned by the prosecution. Several former and current Boise State football players are expected to testify in the coming days.

Former players Weaver, Sam McCaskill, Dylan Sumner-Gardner, Joe Martarano and Chaz Anderson are on the list of potential witnesses for the prosecution. Current players Brett Rypien and Jake Roh are listed, as well.

Reilly told the court that Rypien was not drinking that night and was the one who drove James to the hospital after the incident.

Austin Cottrell, A.J. Richardson and David McKinzie, all current Boise State football players, will be called to testify for the defense, the defense told the court. Former player Randall McNair also is likely to testify.

Boles was dismissed from the team shortly after the incident. His dismissal became public two weeks later on Feb. 27, 2016, when a Boise State spokesman confirmed Boles was removed from the roster for an undisclosed “violation of team rules.”

Ada County prosecutors activated an arrest warrant for Boles on April 4, 2016, for the felony mayhem charge. He was extradited back to Boise after being arrested by the Polk County Sheriff’s Department in Lakeland, Florida, on May 9.

Mayhem is defined in Idaho law as anyone “who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures or renders it useless, or cuts out or disables the tongue, puts out an eye, slits the nose, ear or lip.” It comes with a sentence of up to 14 years in prison.

James, who was mysteriously absent from the spring game in April 2016 with no explanation, was suspended for the season opener at Louisiana in September due to what Boise State again called only a “violation of team rules.”

The safety started the next 12 games of the season and led the team with three interceptions. He was second with 80 tackles and had 3.5 tackles-for-loss. He was a senior in the fall and recently worked out for NFL scouts at Boise State’s Pro Day.

Boles transferred to Coffeyville Community College for the 2016 season and had committed to Florida International as a transfer in January.

Asked if Boise State head coach Bryan Harsin or the university wanted to respond Monday after new information, including James’ involvement and that of several members of the football team as witnesses, athletic department spokesman Joe Nickell referred the Idaho Press-Tribune to a previously released statement from athletic director Curt Apsey on May 26, 2016, and said “at this point in time we have nothing further to add.”

That statement from May 26, 2016, the day Boles’ arrest became public, said, “Our coaches hold our student-athletes to high standards as representatives of our teams, the University and the community. We educate student-athletes to make good decisions and treat all people with dignity and respect. This is part of our culture, and those who do not meet these standards will face consequences for their actions, including potentially losing the opportunity to compete for Boise State.”

The incident is one of several involving the Boise State football team in recent years. Boles is one of 10 players to either be dismissed from the team or expelled or suspended by the university since July 2014.

It’s also at least the second incident involving players on the team. Wide receiver Rick Smith was dismissed from the team in October 2015 for a violation of team rules after he was involved in an incident in the locker room with a teammate in February 2015.