|Former BGSU football player to enter intervention program in lieu of conviction|
|Written by BILL RYAN Sentinel Staff Writer|
|Tuesday, 09 April 2013 08:14|
A former Bowling Green State University football player entered into an intervention in lieu of conviction agreement Monday afternoon.
Darius Gilbert, 22, of Hamilton, a former defensive tackle on the Falcon football team, was indicted for robbery in regard to a May 26 incident at an off-campus apartment. The original second-degree felony charge was amended to trespass in a habitation, a fourth-degree offense, on Monday to allow Gilbert to be eligible for the intervention program.
Gilbert acknowledged in open court, as he was entering his plea, that he had smoked marijuana within 24 hours of his court appearance that day.
Despite that admission, the prosecution and the judge allowed the proceedings to continue. Judge Reeve Kelsey questioned him to assure he was in court with a clear head.
An intervention program involves the defendant to enter a plea of guilty to the charge. The judge, in this case Kelsey, then puts the case on hold while the defendant follows an intervention plan for their specific issues.
As Kelsey told Gilbert, "If you follow and complete the plan satisfactorily, I tear it up. It's as if it did not happen."
However, should he not follow all the requirements of his plan with the adult probation department, he will be back in court and sentenced for his crime.
After questioning the defense attorney and Gilbert, Kelsey accepted the plea and outlined the guidelines for his intervention plan.
His plan is a 12-month plan with Kelsey stating the first rule is for him to abstain from all illegal drugs. He must also consume no alcohol nor be in an establishment whose primary function is to sell alcohol. He will be subject to random drug testing. Gilbert must be gainfully employed or a full-time student. If employed it cannot be as a bartender.
The defendant was to attend Alcoholics Anonymous or a similar 12-step program as directed by his probation officer. He must also pay $610 in restitution for the victim and have no contact with that victim.
The judge ruled that his case could be transferred to Butler County, where Gilbert resides.
Gilbert was suspended from the team and has since left the university.
Kelsey's final words to Gilbert were, "No more marijuana, you must stop immediately."
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