Daman Starring 17-year-old faces charges in the Feb. 3 incident at Sierra Vista High School
A Sierra Vista High School basketball player suspected of sexual assault in a team hazing incident last month was ordered released on house arrest Thursday in a court hearing closed to the public.
Daman Starring was released from the county juvenile jail into the custody of his mother by Hearing Master Stephen Compan, who banned reporters from two newspapers and five television stations from attending the proceeding in Clark County Juvenile Court.
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The 17-year-old is accused of attacking a 15-year-old teammate while the boy was held down by five teammates, all of whom, like Starring, are suspended from school pending expulsion.
Starring faces one count of sexual assault and two counts of open and gross lewdness in connection with the Feb. 3 incident.
Law enforcement officials say the other players who dog-piled the 15-year-old and pinned him on the Sierra Vista gym floor were engaged in horseplay and unaware Starring was assaulting the boy.
Police reports and district attorney's office documents detailing the allegations against him are not public, because Starring has not been charged as an adult. But a source told the Review-Journal the sexual assault count stems from allegations that Starring penetrated the 15-year-old player's rectum with his finger while the boy was being held down by fellow players during a brief "horseplay" episode in the school's gymnasium.
The open and gross lewdness counts arise from accusations that Starring groped the 15-year-old's buttocks and testicles, the source said.
Before the closed hearing, a Review-Journal reporter unsuccessfully sought to have the proceeding delayed to allow time to summon an attorney to argue that it should be open to the public under state law.
Instead, District Court spokesman Michael Sommermeyer was allowed inside in order to brief journalists afterward about what unfolded in the closed courtroom.
Sommermeyer shared the following account of the hearing with reporters after it concluded:
Deputy District Attorney Mary Brown argued that Starring should be kept in custody at the county juvenile jail while he is facing the charges.
"She indicated that this was a hazing incident with racial overtones, and she felt it was serious," Sommermeyer said.
Representatives of the district attorney's office could not be reached to elaborate.
Starring's attorney, Frank Cremen, countered that the teenager had not been in trouble before and would be closely supervised by his mother and grandparents, all longtime Las Vegans.
Compan sided with Cremen, ordering the teenager released into his family's custody and placed under the supervision of county juvenile probation officers.
Brown appealed Compan's custody decision to Juvenile Court Judge William Voy, who has review powers over the rulings of hearing masters. The resulting afternoon hearing in Voy's courtroom was open to news media outlets.
Voy upheld Compan's custody ruling, saying the teenager was not a flight risk or someone who needed to be incarcerated for the protection of the community.
Starring, who was handcuffed, shackled at the waist and clad in the jail's standard orange T-shirt and blue sweat pants, spoke only once during the proceeding.
Voy warned Starring he would stay free pending trial only as long as he respected the terms of his supervision by his mother and juvenile probation officers.
"Observe the rules," the judge said. "You understand?"
"Yes, sir," Starring answered.
Voy said Compan erred in barring journalists from Starring's custody hearing.
"These proceedings are not closed," the judge said. "Just because it is a (juvenile sex offense) case doesn't mean it's closed. ... There's a legitimate public interest in the case based on where the incident occurred and how the incident occurred."
Starring is scheduled to enter a plea to the charges at a court hearing next month.
Although a sexual assault charge in the adult criminal justice system can result in a life sentence in prison, it's more likely Starring will encounter far more lenient treatment if Voy finds he committed the crimes.