Corvallis Gazette Times

Three more men identified in assault

OSU football players suspended in Guardsman incident

Three more Oregon State University football players have been indefinitely suspended from the team in the wake of a racially charged confrontation Friday with a Corvallis National Guardsman who was home on leave.

Team officials did not specify the reason for suspending Anthony Wheat-Brown, Whitfield Usher and Ryan Rainwater, but all three were reportedly with Joseph Rudulph on Friday morning during the alleged assault outside a downtown nightspot. All four players are 19.

According to police, Rudulph punched Staff Sgt. Gabriel Sapp outside the Headline Cafe early Friday morning following an argument between the football players and Sapp and his wife. Police say the players, who are black, approached Sapp's wife, who is also black, inside the restaurant and asked her why she was with a white man.

The exchange reportedly escalated into a loud argument that continued outside. Police say that as Sapp and his wife tried to leave, Rudulph blindsided him with a punch to the face, knocking him and his wife to the ground. Sapp was knocked unconscious.

The football players reportedly fled the scene, but after witnesses identified the attacker as Rudulph, he was arrested at his home and taken to the Benton County jail on charges of fourth-degree assault, harassment and disorderly conduct. He was released shortly after his arrest and flew with the OSU football team to California for the Stanford game on Saturday. He was not allowed to play during the game and has been suspended indefinitely.

A conviction could result in Rudulph being kicked off the team and losing his football scholarship, school officials said.

The suspensions come as Oregon State heads into its final regular-season game needing a win over rival Oregon to become eligible for a postseason bowl bid.

Because the Headline Cafe serves alcohol, Oregon Liquor Control Commission regulations require that anyone entering the premises after 9 p.m. must be older than 21. Patrons are given a wristband indicating that they are of age. Rudulph was charged with being a minor in possession of alcohol in addition to the other charges. Police say when they found him at his home, he was still wearing a Headline Cafe wristband.

According to Lt. Ron Noble of the Corvallis Police Department, none of the other players will be charged with anything in connection with the assault and were not issued minor in possession citations. However, the fact that the underage men were apparently allowed into the Headline after 9 p.m. is still under investigation.

"That information has been forwarded to the OLCC, and the university has been notified," Noble said.

Headline Cafe owner Scott Shepherd declined to comment on the incident Monday. None of the four football players, nor Beavers head coach Mike Riley, were available to comment either.

At the Corvallis National Guard Armory on Monday afternoon, Sapp's fellow soldiers could talk of nothing else. Sgt. 1st Class Phillip Jacques said soldiers on leave have to be extremely careful of their behavior because anything they do reflects upon the Army as well as themselves, so soldiers "walk on eggshells" when they're on leave. Soldiers accused of a crime can be charged both in regular court and military court, and members of the armed forces must adhere to both local laws and the uniform code of military justice.

Sapp's fellow Guardsmen said they believe he did nothing wrong in the incident, saying he has a cool head, has training both in the Army and as a Benton County Sheriff's Office reserve officer, and is planning on being a career soldier.

"He's not going to throw away his rank," said Sgt. 1st Class Everett Horvath.

Jacques and Horvath know Sapp well, and they were angry about Friday's incident.

"I don't want anyone telling me who I can hang out with downtown, let alone who I can marry," Jacques said. "He's dodged bullets, he's been hit with IEDs (improvised explosive devices), he has lost four comrades in action. To come home and have this happen ..."

If it is determined that the assault was racially motivated, Rudulph could also be charged with intimidation, Oregon's equivalent of a hate crime. According to District Attorney Scott Heiser, if it can be proved that the intention of the aggressor was to intimidate the victim because of sexual orientation, race, marital status or gender, the assault charge could be changed to first- or second-degree intimidation, which carries harsher penalties.

 Second-degree intimidation is a class A misdemeanor. The maximum sentence is one year in jail and a $6,250 fine.

First-degree intimidation is a class C felony. The maximum sentence is five years in prison and a $125,000 fine, but Heiser said the actual sentence could be much shorter. Under state sentencing guidelines, if Rudulph has no criminal history, the presumptive maximum would be three years' probation and 30 days in jail.

Rudulph is scheduled to appear in court Dec. 9.

Corvallis Gazette-Times reporter Jennifer Nitson contributed to this story.