High school student Daman Starring, left, in court Friday, was found guilty of battery and open and gross lewdness. He was found not guilty of sexual assault. Photos by RUBEN D. LUEVANO/REVIEW-JOURNAL
Daman Starring, center, walks out of family court Friday with family members and his attorney, Frank Cremen, left. The Sierra Vista High School student could receive probation or a maximum sentence of six months in the Spring Mountain Youth Ranch or at an Elko boarding school.
The Sierra Vista High School basketball player accused of sexually assaulting another player in a hazing incident was found delinquent on one charge of open and gross lewdness and one charge of battery Friday.
But a family court judge found Daman Starring, 17, not guilty of the sexual assault charge, which stemmed from allegations that he inserted a finger into the rectum of a fellow basketball player through his boxer shorts Feb. 3 in the school's gym.
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"I'm very pleased with the outcome," said Prosecutor Mary Brown.
The victim, a sophomore, stood up to his team, the school and the administration, she said.
Several former and current Sierra Vista basketball players testified Friday that they were either involved in or witnessed three incidents Feb. 3 in which players dog-piled their teammates, including the victim. All of them denied witnessing the alleged assault.
Several of the students also said they didn't like the victim, who had joined the varsity basketball squad just two weeks before the incident.
In finding Starring guilty on the delinquent battery charge, Judge William Voy concluded that Starring had grabbed the victim's groin as the victim was being held down on his stomach.
The judge found Starring was also guilty of open and gross lewdness for grabbing the victim's buttocks.
Starring has denied the charges against him but didn't testify during the two-day trial.
He could face a minimum sentence of probation and a maximum of about six months at the Spring Mountain Youth Ranch or at an Elko boarding school, court spokesman Michael Sommermeyer said.
Had Voy found Starring guilty of sexual assault, the court would have had to notify Las Vegas police and the school district that Starring was a convicted sex offender, Sommermeyer said.
Starring's attorney, Frank Cremen, said his client was disappointed by the verdict.
"We would have liked a better outcome, but what we got wasn't half bad," Cremen said.
Starring and his family declined to comment on the case.
Voy said a culture in which basketball team captains acted like coaches could have led to the handful of Sierra Vista basketball players jumping on top of the victim. "What was consistent throughout (the testimony) was this idea that these captains ... were acting like coaches," Voy said.
Students testified Friday that dog piles were common on the varsity basketball team. But Voy, who said he has "been around organized sports most of my life," said the team captains had roles they didn't deserve.
The lack of adult supervision contributed to the hazing incidents, he said.
"In question is when does that type of activity cross the line into delinquency?" Voy said.
Coach Ken Gibson testified Thursday that Starring had told him the incident was a "play rape." Gibson declined to comment on the verdict Friday.
The victim said that he was tackled by teammate Andre Fletcher and that at least four other players joined in, grabbing his arms and legs as he lay on his stomach.
During the dog pile, someone pulled down his shorts, the victim testified. He said Starring squeezed his genitals before sticking a finger in his rectum through his boxer shorts.
Cremen said Friday that the victim didn't act like he had been sexually assaulted after the incident.
Sierra Vista junior varsity basketball coach Robert Johnson testified that the victim joked around and teased him about 15 minutes after the incident.
As he left the witness stand Friday, Johnson winked at Starring.
Terri Miller, president of Stop Educator Sexual Abuse, Misconduct and Exploitation, an advocacy group that counsels victims of sexual assault, said she was pleased with the verdict.
"Boys cannot continue to be boys," Miller said. "That excuse will no longer hold water."
Edward Goldman, associate superintendent of the district's education services division, would not specifically address Starring's situation. But he said any student convicted of a crime in a court of law will be investigated by the school system.
Sierra Vista Principal Emil Wozniak recommended after the Feb. 3 incident that Starring be expelled.
But Starring returned to the campus April 20, an indication that Wozniak's recommendation was overturned during the school system's hearing process. The hearings are closed to the public.
Goldman said students can be investigated twice for the same allegation if more evidence arises against a student at a later date. The school system is not subject to any "double-jeopardy" limitation, he said.
"Once someone is a convicted offender, especially for a crime convicted on campus, the process will begin anew," Goldman said. "It's mandatory that a student be recommended for expulsion for being convicted of committing a crime on campus."
The victim in the hazing incident was issued a misdemeanor citation May 18 for having two "air pistols" in his car after he transferred to Durango High School.
Goldman said the victim had gone through the school district's hearing process and the matter had been resolved. He said he wasn't allowed to comment further.
Starring, who has been under house arrest since February, will remain under house arrest until sentencing on June 23.
Review-Journal staff writer Antonio Planas contributed to this report.