Pubdate: Wed, 14 Nov 2001 Source: Knoxville News-Sentinel (TN) Copyright: 2001 The Knoxville News-Sentinel Co. Contact: http://www.knoxnews.com/ Details: http://www.mapinc.org/media/226 Author: Randy Kenner CHARGE DEFERRED FOR EX-UT ATHLETE If Trouble-Free One Year, McGruder's Record Clears An agreement has been reached that could spare a former University of Tennessee football player from any further prosecution stemming from the alleged discovery of marijuana and a set of scales in his dorm room. Last June, Lynn C. McGruder Jr. was dismissed from UT's team and charged with possession of marijuana with intent to resell. Seven small plastic bags of marijuana allegedly were found in the room. Late last month, McGruder was placed on pretrial diversion by Knox County Criminal Court Judge Richard Baumgartner. That means the prosecution of the drug charge against the 19-year-old will be deferred - or suspended - for one year. If McGruder - a highly recruited defensive lineman from Las Vegas who made six tackles as a reserve during the 2000 season - stays out of any further trouble during that period, the charge will be dismissed. He also has to pay his court costs, which he already has done. McGruder is currently enrolled at the University of Oklahoma. He has not, however, been a member of this year's team, pending a resolution of his legal problems, according to Kenny Mossman, the school's director of media relations for the athletic department. Asked if McGruder will be offered a football scholarship Mossman replied: "I think that's certainly a strong possibility." The "Memorandum of Understanding," which outlines the agreement in the case, was reached between McGruder's attorney, Knoxville lawyer Thomas Leveille, and Steve Garrett, an assistant Knox County District Attorney General. Baumgartner signed it Oct. 29. As part of a pretrial diversion McGruder, who does not have a prior record, does not plead guilty. Leveille said Wednesday he's confident that McGruder will successfully complete the diversion period. "Oh, I'm without a doubt," he said. "I think he's an exceptional young man who just made an error in judgment, and I think since this (happened) he's carried himself in a very positive manner. "I don't think he's going to have any problem at all." Leveille also said McGruder wasn't treated differently than anyone else in the same circumstance. "I would say this type of thing is common," he said. He also added, "I think that if you are dealing with a football player you get more scrutiny, not less."John Gill, special counsel to District Attorney General Randy Nichols, also said McGruder did not get preferential treatment. "A substantial percentage of people in that situation would, as a matter of law, be entitled to pretrial diversion," Gill said. McGruder enrolled at Oklahoma in August. Even if he had been allowed to practice with the team, McGruder would have not have been eligible under NCAA rules to play until next season. In an Aug. 30 press release announcing that McGruder was enrolling at Oklahoma, the school's football coach, Bob Stoops, said: "OU expects its student-athletes to represent the very best values of the university both on and off the field." He indicated that he and his staff had not decided whether McGruder would ultimately be allowed to play but said if they did give him a second chance, he would be held to the highest standards of behavior. "Not a single deviation from that standard will be tolerated," Stoops said at the time. Mossman said McGruder's status was unchanged as of Wednesday. - --- MAP posted-by: Beth