Youths to stay in detention in attack on ex-NFL player

CHESAPEAKE

A Chesapeake judge ruled Tuesday that a juvenile charged with assaulting former NFL player Ed Beard in October will remain in detention.

Based on evidence, the 17-year-old could have thrown the first punch as a group surrounded Beard Oct. 23 on the Portlock Elementary School baseball field, prosecutor Amy Miller told Judge Eileen Olds in Juvenile and Domestic Relations District Court.

"He hit him first," Miller said. "Just because he has no prior charges doesn't mean he didn't start out big. We have a strong case against this young man."

Beard, 71, was riding his bicycle that day with his poodle in the basket when he came upon 15 to 20 youths beating a person on the school baseball field. When Beard tried to stop it, some of the youths surrounded him and began striking him. The former linebacker with the San Francisco 49ers suffered a concussion, a gash on the back of his head, a black eye and cuts and bruises.

Four youths were charged Nov. 28 with malicious wounding and malicious assault by mob. The judge also ruled Tuesday that the other three youths would remain in detention, Miller said.

The commonwealth's attorney also is petitioning to elevate the 17-year-old's case to adult court, based on gang-related charges from the initial fight on the ball field, Miller said.

Court-appointed attorney Charles Staples asked that the youth be released, saying he had earned A and B grades at Oscar Smith High School.

"Gang members do not make honor roll," Staples told Judge Olds.

Staples said afterward that the defendant was merely talking with Beard when someone from behind him struck Beard and pushed the youth into the victim, knocking over the bicycle.

"He's a good kid," Staples said.

The 17-year-old appeared on a video screen from his detention cell during the hearing but said little. No witnesses or evidence were presented Tuesday.

Beard attended the hearing and said he was glad the youth was going to remain in custody.