Almy drops charge vs. Donald Taylor

Citing the inadvisibility of prosecuting disputes arising during athletic events, Penobscot County District Attorney Christopher Almy has dismissed a criminal assault charge against University of Maine basketball recruit Donald Taylor.

Fred Lower, 20, of Bangor had charged Taylor with assaulting him during a pickup basketball game at the Memorial Field House Feb. 9 in Orono. According to the report submitted by university police, Lower had fouled Taylor during the contest, a verbal exchange followed, and a punch was thrown. Lower needed seven stitches to close a wound in his forehead.

“We’ve chosen not to handle it as a criminal case because the incident occurred during the progress of a basketball game,” said Almy Thursday. “We don’t feel incidents of that type are really something criminal prosecution is entitled for.”

Taylor, 20, is the recipient of the 1990 Most Courageous Player Award presented by the Basketball Writers of America. A native or Brooklyn, N.Y., Taylor was recruited to play basketball at Maine, but is currently enrolled in a special program for underprivileged students and is ineligible to participate in intercollegiate sports.

Almy said the frequency of physical incidents during the course of everyday athletic events made it inadvisable to prosecute the case.

“If the DA’s office is going to get into every roughing call on the ice or personal foul that involves violence, we’re opening Pandora’s box,” Almy said. “I’m not saying I condone violence. The issue is, is it appropriate to intervene in these type situations? I just feel you really set a precedent I’m not sure can be applied in a uniform, fair manner.”

Almy said Lower is entitled to pursue the case in the civil courts.

Lower, reached at his place of employment, declined to comment on Almy’s decision. He also declined to comment on whether he will pursue a civil suit agaist Taylor. He referred all inquiries to his attorney, Michael Goodman of Bangor.

Goodman declined to comment, stating his client had not given him authority to do so.

Taylor did not return a message left at his dormitory room and could not be reached for comment.