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Buffs linebacker avoids jail time in off-campus assault
Lynn Katoa pleads guilty to felony menacing
Camera Staff
Lynn Katoa, right, waits for his arraignment hearing to begin at the Boulder County Justice Center on Wednesday morning. Katoa received a deferred sentence with community service for assaulting two men with a rock in his fist during an altercation on Feb. 16.
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CORRECTION (7/30/08): The original version of this story wrongly reported that Katoa's guilty plea would make him a convicted felon who likely couldn't play for CU. Because the sentence is deferred, Katoa will not have a felony on his record if he stays out of trouble for the three-year term.
A University of Colorado linebacker who assaulted a man while holding a rock in his hand earlier this year pleaded guilty Wednesday to felony menacing with a deadly weapon.
District Judge D.D. Mallard gave Lynn Katoa, 19, a deferred sentence in the crime, meaning the freshman five-star recruit from Salt Lake City could face prison time of one to three years if he gets into any legal trouble in the next three years.
The judge also sentenced Katoa to 60 hours of community service, placed him on monitored sobriety and ordered that he have no contact with the victim, Cameron Shafer.
Katoa, who was suspended from the team and by CU’s Office of Judicial Affairs for the spring and summer semesters following the assault, apologized for his actions during the early morning hours of Feb. 16.
“I’m sorry for what I’ve done and I regret that I ever did it,” he said, standing next to his lawyer. “I just want to take responsibility and be a better person and make a better future for myself.”
After the hearing, attorney Sonny Flowers didn’t have much to say about his client’s plea.
“It’s just an unfortunate situation,” he said.
Prosecutor Phil Davis said in court Wednesday that the attack by Katoa was exacerbated by the fact that he victimized an innocent person.
He said Shafer — who the 6-foot-1, 225-pound linebacker slammed into a wall and struck in the head — had nothing to do with a Taser incident outside the off-campus apartment that prompted the assault.
Davis mentioned in court a letter Shafer wrote regarding the incident.
“He talks about the randomness of the violence and that is my main concern in this case,” Davis said.
Flowers told the judge that Katoa received an indirect shock from a Taser that was fired at a nearby friend, former CU linebacker Justin Nonu.
“I believe the Taser had an effect on his cognitive ability,” he said.
Police said Katoa went into the apartment with a rock in his hand to see whether anyone there was involved in firing it. The man who used the stun gun fled and hasn’t been found.
Witnesses said Katoa pushed a second victim in the head in the apartment, but that person declined to press charges.
Katoa graduated early from Cottonwood High School in Salt Lake City and joined the CU program as the only early enrollee in the 2008 recruiting class.
CU spokesman Bronson Hilliard said he is not at liberty to say when Katoa might come off of his suspension, but he said Katoa does not have the academic credits to play for the Buffs in the fall, although he may be allowed to practice with the team.
Coach Dan Hawkins doesn’t allow convicted felons on the football team, but because Katoa’s sentence is deferred, he won’t have a felony on his record if he stays out of trouble for the three-year term.
That puts him in a position to take to the field in the fall of 2009, barring any further problems.
Katoa’s plea comes just over a week after teammate Riar Geer, a Buffs tight end, pleaded guilty to misdemeanor third-degree assault for punching two men at an off-campus party in March.
Geer, who could get two years in jail, is scheduled to be sentenced next month.
Posted by SnowBuff on July 30, 2008 at 10:15 a.m. (Suggest removal)
no one arrested for the taser. lame.
Oh well, have a good red shirt year katoa.
Posted by Micah on July 30, 2008 at 10:19 a.m. (Suggest removal)
John, you'd do well to better understand deferred sentencing before making this statement:
"Katoa's guilty plea to a felony means that he probably won't ever play for CU because Coach Dan Hawkins doesn't allow convicted felons on the team."
He would have to violate the deferred sentence to be considered a convicted felon.
Posted by mam2jd on July 30, 2008 at 10:28 a.m. (Suggest removal)
This article warrants some clarification.
Under a deferred judgment, the plea is subject to being withdrawn and the case dismissed as if it had never happened. Any sentence on the plea is held in abeyance until a later date. The trade off is that the defendant has to complete the term of the deferred judgment and sentence, in this case three years, as well as fully comply with conditions of the deferred sentence (public service and no new law violations) before he is eligible to have the plea vacated and the case dismissed. If he follows the Court order to the letter, he can have the case dismissed at or near the end of the 3 yr period with no other ramifications.
A best case result to a very poor choice for this young man. Only Coach Hawkins can determine whether, under this unique circumstance, where the young man has effectively entered a temporary guilty plea to a felony pending dismissal if he complies with all other conditions, it warrants application of his "1 felony strike and you're out" policy.
Posted by salsajohn on July 30, 2008 at 10:33 a.m. (Suggest removal)
Sounds like a severe suspension was warranted based on a violent attack against an innocent bystander.
I second that he suits up for CU in 2009 as Micah correctly pointed out the sentence is deferred, thus not a felony conviction. Besides, none of this is news to Coach Hawkins whom would have kicked Katoa off the team long ago if he felt it was warranted.
Posted by BuffTime on July 30, 2008 at 11:08 a.m. (Suggest removal)
It is now up to Katoa to man up and fly right for the remainder of his time here at CU and beyond. Hopefully he will keep this experience with him and it will serve him for the better going forward.
All of these young men who have hopes of playing professionally after college need to keep an eye on what has been going on in the NFL lately. The days of running around like an idiot aren't being tolerated any more. It will now cost you millions of $ in lower draft position (teams won't draft "trouble" players as high anymore and risk having them being suspended for their behavior).
Katoa has the potential of being a special player and being able to really change his life and those he holds closest to him if he can put in the hard work and keep himself out of trouble. The boy is gifted but then again everyone at the next level is gifted. What separates you is how hard you work and your character.
Good luck to you.
Posted by buffsareone on July 30, 2008 at 11:23 a.m. (Suggest removal)
Nice to get it wrapped up before camp. . .forget about it until next year, bring on this season.
www.buffsareone.blogspot.com
Posted by BuffNut99 on July 30, 2008 at 11:32 a.m. (Suggest removal)
As long as he stays out of trouble, and remains academically eligible, he'll be on the field in 2009.
Prediction - I think the young man will turn out to be a great player, team leader, and role model.
Posted by archalon on July 30, 2008 at 12:07 p.m. (Suggest removal)
You mean the three time offender Duren ? Shut up Tal
Katoa has a year to get his grades and life straightened out - if he's serious about his future, he wont find any more trouble in the next 3 years
one concern however are the constant mentions of supervised sobriety\alcohol testing. Is there some thing else we dont know ?
seems odd to want to test him every few days
Posted by flabuff227 on July 30, 2008 at 12:07 p.m. (Suggest removal)
kenneth- I know what you are implying. gather facts first. Durens' incident wasnt the first one!
Buffnut- Love the prediction. But what the hell does he need a rock for?
Ive said it before but im sure cameron wasn't their minding his own buisiness.
Posted by jenfalor on July 30, 2008 at 12:15 p.m. (Suggest removal)
Micah, mam2jd - You are correct. A correction has been added to the story about the deferred sentence.
-Jennifer Falor
online editor
Posted by flabuff227 on July 30, 2008 at 12:20 p.m. (Suggest removal)
Rs where u at? Lets talk about how he should be sentenced to life.
Posted by Micah on July 30, 2008 at 12:30 p.m. (Suggest removal)
Thanks Jennifer.
Posted by bouldabuff on July 30, 2008 at 1:38 p.m. (Suggest removal)
So Lynn just went to a random person's door, kicked it in and beat a "random" guy in the head with a rock? There is no connection between this apartment and the altercation, or a maybe a party that night and a previous altercation???
Of course the Boulder police haven't made an arrest for the event that triggered this incident....that would require some investigating and actual work. We all know how proficient they are at conducting investigations - they stick to MIP's, noise violations, and late night fistfights.
Posted by mam2jd on July 30, 2008 at 2:15 p.m. (Suggest removal)
Thanks for the correction, Jennifer.
Posted by BlackAndGold on July 30, 2008 at 3:24 p.m. (Suggest removal)
This young man has been the most extraordinary gift. He has the opportunity to receive a degree from the University of Colorado. He has the opporutnity to avoid PRISON (...what an awful place). As a felon he may not have been able to vote. He will also be able to play for Dan Hawkins and the an emerging Buffaloes team.
Lynn...you got this. I believe if Dan Hawkins recruited you, you must be a solid young man. Good luck moving forward and getting back onto the field.
Posted by reallifeshocker on July 30, 2008 at 7:13 p.m. (Suggest removal)
multi committunt eadem diverso crimina fato: ille crusem sceleris pretium tulit, hic diadema. (juvenal, SATIRAE,XIII,105)
Posted by BlackAndGold on July 30, 2008 at 8:31 p.m. (Suggest removal)
in the above posting, it should read
"This young man has been GIVEN the most extraordinary gift"
Posted by rodrigo on July 30, 2008 at 9:09 p.m. (Suggest removal)
Is it just me or has the Camera been really, really piss poor in doing its job of accurately informing the reading public? A correction of this magnitude? What the f...? Seriously. We count on you folks. Maybe we should rethink that... There is a major major major diff between felony conviction and no felony conviction.
B&G, you, however, are dead on. Mr. Katoa, the ball, so to speak, is in your court. I look forward to seeing you make your mark as a CU Buffalo.
Posted by Buffalosolider on July 30, 2008 at 9:15 p.m. (Suggest removal)
Set down the J and step slowly back. Anyone that really thinks Lynn is not getting straight out of CO has lost touched with reality. Staying here would mean he would be just a jaywalk away (no pun intended) from Oz. A risk I bet he won't take. He is a spectacular talent...too bad.
Posted by BuffTime on July 30, 2008 at 9:41 p.m. (Suggest removal)
I'm not up on my legal minutiae, but does it really matter where in the US he goes? I highly doubt his terms only apply to within the borders of Colorado...
Posted by trubuff on July 30, 2008 at 10:34 p.m. (Suggest removal)
How horrible that Coach Hawkins recruited a kid with no prior arrests who was able to graduate from HS early and Coach H did not know that he would drink too much during his first few weeks living on his own and overeact when his friend got tasered. His crystal ball must be broken. But its totally Coach's fault, boo football team for giving a kid who couldn't pay for a college education a chance. We should only allow trust fund silver spooners into CU 'cause everyone knows they never do anything wrong and deserve the chance much more.
By the way, how's the investigation into who tasered the friend going? Oh, they were not football players so who cares?
Posted by jthudge on July 30, 2008 at 11:45 p.m. (Suggest removal)
I did not see Paul Vigo listed on 2008 football roster; anyone know his status?
Posted by mam2jd on July 30, 2008 at 11:56 p.m. (Suggest removal)
Bufftime is correct. Katoa remains subject to the jurisdiction of the Colorado Courts for the duration of his 3 year deferred period. Even if he were to obtain Court permission to relocate out of Colorado (not unusual) ANY violation of terms of the agreement (significant new law violation, failure to meet treatment requirements, etc.) would be grounds to revoke the deferred and proceed to sentencing on the felony as he has already pleaded guilty.
It really is a great deal for him IF he can keep his nose clean. Assuming he does, at the end of the deal, the slate is wiped clean and he moves on with NO felony conviction on his record. It's also a VERY tough deal to complete and many folks in his situation don't make it through clean.
Time will tell. My guess, he stays here and works through it. Can't see Hawk cutting ties and leaving the kid out in the street. Depends on the judicial affairs folks as well. They are yet to weigh in on this mess, I believe but don't recall.
Posted by flabuff227 on July 31, 2008 at 1:41 a.m. (Suggest removal)
reallifeshocker- This is why theirs a fence going up! I hope ur relatives get deported! Gracious!
Posted by earmuffs on July 31, 2008 at 6:14 a.m. (Suggest removal)
mam2jd is correct. To a certain extent, there is reciprocity between states as to court judgments. He can not avoid the possibility of punishment merely by leaving Colorado, and will have this deferred sentence "hanging over his head" for its duration, regardless of his geographic location.
I would love to see him stay and suit up in 2009. With Mohler and Major coming in and with Sipili and Burton likely taking up two spots on the LB corp, he might be better off practicing for a year and compete for PT in '09.
Posted by archalon on July 31, 2008 at 7:13 a.m. (Suggest removal)
Vigo was listed as a greyshirt, January 09 enrollment, and as a LB in the Buff Spring notes.
Katoa will stick around - any where he goes, he'll have this over his head. He'll clean up and his teamates will watch out for him as well. Good luck Lynn
Posted by bouldabuff on July 31, 2008 at 7:50 a.m. (Suggest removal)
flabuff - whoa dude, easy. I think that's Latin not Spanish.
Posted by BuffTime on July 31, 2008 at 8:34 a.m. (Suggest removal)
What? They're walling off Italy! Whoa...
;-)
Posted by ruffemupbuffaloes on July 31, 2008 at 8:47 a.m. (Suggest removal)
Caught an ESPN special a few days ago on football player problems at Penn State. JoPa denied that there was a problem. Yesterday he kicked two of the troublemakers off the team. Every program has its share.
Posted by DCBuff on July 31, 2008 at 8:53 a.m. (Suggest removal)
I'm assuming that Lynn is able to practice with the team this year, right? If so , he will come back a beast in 2009. Good luck Lynn and keep your nose clean...the Buffs need you!!
Posted by glx1747 on July 31, 2008 at 9:14 a.m. (Suggest removal)
I'm just curious ... will he be able to redshirt during this year or does he lose a year of eligibility?
Posted by flabuff227 on July 31, 2008 at 9:33 a.m. (Suggest removal)
my fault! They should wall off italy too!
Posted by BuffTime on July 31, 2008 at 9:52 a.m. (Suggest removal)
Katoa should be able to red-shirt. Red-shirt status (to my knowledge) has nothing to do with legal status, just eligibility. If he practices with the scout team he will give the 1st string offense something real to go against every day!
Posted by DCBuff on July 31, 2008 at 11:25 a.m. (Suggest removal)
Wow...CU is the 3rd most hated team in the Big 12...and big red is only the 9th most hated team in the Big 12. I will say this, we will be the most hated team in the next few years once we keep on winning regularly, meanwhile NU may slip below 9 with that trainwreck they have going on in Lincoln.
http://myespn.go.com/blogs/ncfnation?...
Posted by SnowBuff on July 31, 2008 at 11:42 a.m. (Suggest removal)
Geez Tall you are a mockery of yourself.
Posted by extrapoint on July 31, 2008 at 12:52 p.m. (Suggest removal)
I'm surprised, Barney, you are willing to bring that up!
Posted by buffalotom on July 31, 2008 at 1:15 p.m. (Suggest removal)
mam2jd:
about your OJA question: i believe, based on earlier bc articles, that OJA already suspended katoa for spring and summer (since his incident occurred early in the semester). those articles also state that he could play this fall if he had sufficient credits - his academic eligibility clock started spring '08 - because he had served his OJA suspension. but, due to the suspension, he completed few or no credits.
i believe this is correct. your question implies the possibilty of further action by OJA based on the plea agreement. haven't seen anything on that.
Posted by buff4life on July 31, 2008 at 3:07 p.m. (Suggest removal)
hey taligal is texas tech and kansas on the bugeaters schedule this year????? i hear they are looking to put 70+, again, on the pinkshirts. the buffs are looking to hit 70 score mark this season in lincoln trying to "out-do" 62 and 65 in recent seasons....how does a "so-called" elite program with 250,000 fans, 25,000 blue dip high school players at home games, gold plated weight rooms, 50 practice fields(25 indoor) and 30 million dollar a box luxury suites give up 77 points to a tech school???? pathetic. and even more pathetic is husker fan defending and "proping" up sooners and shorthorns against colorado... i guess when your own program has been the laughing stock and sukhole of the big 12 in 2000's i guess its better to root for another team....go big red errrrr go sooners!!!!!! calling taligal a mockery of himself is a big understatement. he's just a sad sad lil angry bitter neb fan still making silly "jabs" at the buffs since 62-36....get some therapy and let it go bud, at least you have the first five games to feel good this season, what's the "over under" on the nebs versus hastings art college????
Posted by RalphieRepresentah4 on July 31, 2008 at 3:27 p.m. (Suggest removal)
scout.com shows that Randall Carroll is still looking at CU and most likely will come out 2 take a visit.
Posted by shoulder2shoulder on July 31, 2008 at 9:42 p.m. (Suggest removal)
http://myespn.go.com/blogs/big12/0-1-...
Posted by houston_buff on August 1, 2008 at 12:46 a.m. (Suggest removal)
Just picked up the news-I did check out buffsareone. Pretty strong. I did save to the t'bar. I do agree with the earlier comments. Does a young man with a spot light on him stay in Boulder? I hope he does. "Many are called but few are chosen", I think Abe quoted that after Jesus. You poli sci readers can correct me. This news is irrelevant since we are now 5 WEEKS AWAY. Can we get a both sides of the ball depth chart?? I will subscribe to the paper for the next 5 years if we can get something that is not "interweb" fodder but direct from the coaches. Let's see it before practice starts and it's no longer a scoop. Y'all have my info.
BTW-how is the punting practice going for "he who was once nameless"? As for that-you guys that crushed me for taking big bird down for his remarks at the b12 news conf are clowns. The jury is still out until we win more than one big game in a row. OU sucks but lets see two in a row. Big bird can rub my face in it when he goes 2 for 3 against FSU/WVU and UT. We wont be favored in any of those games. We do have the advantage of the most informed and well read posters. Thanks for the great links and insite. You know who you are. See you on 9/18.
Posted by flabuff227 on August 1, 2008 at 1:24 a.m. (Suggest removal)
kenneth- Live into now! You will never see a 70 to 3 score in ur lifetime.
Dont be dumb! You know what was goin on when that happenned.
Posted by rswright on August 1, 2008 at 2:08 p.m. (Suggest removal)
Best possible result. For him and CU. It would have been better if our posters had not shown that they are "out of control" by proclaiming he is "innocent until proven guilty","kids will be kids" and the best, football players are really victims. Saying foolish things, before justice has had a chance to work, shows only that our posters don't think as rational people There is no reason to draw attention to these incidents by proclaiming their innocence beforehand. When it happens next time maybe our posters will let justice take its course before they look foolish by saying football players are picked on by those bad, bad hippies.
Posted by extrapoint on August 1, 2008 at 2:53 p.m. (Suggest removal)
you had me fooled rs
when you first started out with your circuitous horsepoop I didnt think you were a troll.
Posted by rodrigo on August 1, 2008 at 4:51 p.m. (Suggest removal)
ep,
Are you getting all out of control again?
You leave the backyard such a mess when you do that.
Posted by BuffDonor on August 1, 2008 at 5:56 p.m. (Suggest removal)
If the OJA should do anything additional at this point, it would be pure and simple an act of double jeopardy for this young man. They have already committed this sin on several occasions recently and have been called out for such conduct I hope they have paid attention to their own conduct and allow the courts to run this show now that they have asserted their own jurisdiction. No need for them to even be in on the act on this incident from this point forward.
Posted by extrapoint on August 1, 2008 at 6 p.m. (Suggest removal)
ditto rod
my intestines cant take it anymore
I am going to agree with rs so I can get back in control.
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