MSU defensive end Clifford Dukes was cleared of four counts of assault and battery and two counts of aggravated assault in 54-B District Court on Tuesday.
The charges were brought against Dukes in March after an Oct. 25 altercation at Delta Sigma Phi, 1218 E. Grand River Ave. He was found innocent on five counts and one of the assault and battery counts was dropped.
“Mr. Dukes had the same position since day one,” defense attorney Jim Newton said. “He was acting in self-defense, protecting his friends. (Judge Richard Ball) talked to the jury and the jurors felt the fraternity brothers were the aggressors.”
Fraternity members claimed Dukes was not allowed into the party because of overcrowding and when he was turned away a brawl ensued. Police arrived later.
But Newton said nine people testified on Dukes’ behalf, including MSU fullbacks Mark Goebel and Mitch Herrema.
Ingham County Prosecutor Stuart Dunnings III and Ingham County Assistant Prosecutor Joyce Draganchuck were out of town Wednesday and unavailable for comment. County Prosecutor Marie Wolfe, who prosecuted the case, also could not be reached for comment.
At the time of Dukes’ arrest, Dunnings said some witnesses may have declined to come forward because he was an MSU athlete.
Deputy Chief Assistant Prosecutor Susan LeDuc, who was filling in for Dunnings and Draganchuck, said she only knew the basics of the case.
“We tried the case the best we knew how,” she said. “We didn’t talk to the jurors, so we don’t know what they thought.”
Delta Sigma Phi President Nick Brunner said he was instructed by his national leaders not to comment about the case.
As a freshman last season, Dukes started five games and played in all 12 contests. He recorded 41 tackles - 25 solo - and two sacks. He is No. 2 at defensive end on the preseason depth chart and is expected to contribute this season as well.
Dukes did not respond to messages left at his residence.
Staff writer Scott Kline contributed to this report.
Romando J. Dixson can be reached at dixsonro@msu.edu
