Fight draws 6-month sentence / LJWorld.com

Archive for Saturday, September 6, 2003

September 6, 2003

A Lawrence man accused of hitting two fraternity brothers during a Dec. 6 altercation outside the Replay Lounge was sentenced Friday to six months in the Douglas County Jail.

Douglas County District Judge Michael Malone also ordered 31-year-old John Thomas Simmons to pay $870.55, the amount needed to cover one of his victim's medical bills.

During the 20-minute hearing, Malone said after reviewing Simmons' record it had become "obvious" that Simmons was an alcoholic who "tends to hurt people in a criminal way" when he's intoxicated.

Malone scolded Simmons for showing up drunk for a meeting with a court service officer. Simmons admitted he had made mistakes but said he hadn't had a drink "for several weeks."

Simmons was drunk the night he hit Phi Kappa Theta fraternity members Marty McSorley and Ryan McAtee because he assumed they had beaten up his friend Jeffrey Medis, who was lying unconscious on the sidewalk in a pool of blood.

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First charges filed in fight outside Replay Lounge (2-26-03)

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Beating victim questions case's progress (2-13-03)

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Police identify suspect in beating (12-25-02)

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Testimony later indicated that McSorley and McAtee were not directly involved in the assault on Medis.

Prosecutors last month filed misdemeanor assault charges against Lucas Wells, of Wamego, accusing him of hitting Medis. A hearing date has not been set.

Wells is a friend of a fraternity brother of McSorley's and McAtee's.

During the altercation, Medis, who is openly gay, suffered a concussion, a broken nose, broken upper and lower jaws, a fractured eye socket and a gash on his chin that took six stitches to close.

Medis, who recently moved to Oakland, Calif., has called the attack a hate crime.

"I can only say good things about Thomas (Simmons)," Medis said by phone Friday. "He's my best friend."

Malone said he was willing to consider work-release for Simmons -- but not right away.

"I want him to think about what he's done," he said.

Simmons was found not guilty of hitting fraternity members Nikolaus Eichman and Bill Roe.

After the hearing, Simmons was taken into custody.