Whalen, Jones face criminal charges

PROVO — Former BYU running back Marcus Whalen's bid to play his senior season at Southern Utah University appeared to become a bit more difficult Friday after prosecutors charged him with robbery, assault and making a false statement to police.

Whalen, 22, and wide receiver Breyon Jones, 21, are accused of beating up and taking cash from a mutual acquaintance named Yussufu Nsabimana during an April 14 argument over money.

A third man was present during the altercations. Nsabimana's attorney, James Driessen, has identified that man as another BYU football player, defensive back Andre Bennin, 22. Police and prosecutors declined to confirm the man's identity and said he is being treated as a witness.

Nsabimana says he and the three others had been drinking at a Provo bar the night of the incidents and that Whalen and Jones beat him up first at Jones' apartment and again later at Nsabimana's apartment, Driessen said.

The players were not arrested. Whalen and Jones each will receive a summons to appear before a judge at a future date, Utah County prosecutor Tim Taylor said.

"Usually when we decide whether or not to arrest someone, we look at ties to the community and whether they are a flight risk," he said. "There's no indication they are a flight risk."

Jones faces the same charges as Whalen. The robbery count is a second-degree felony punishable by a maximum sentence of one to 15 years in prison. The assault charge is a class-B misdemeanor.

Taylor said there is evidence that when the players were interviewed on the day of the alleged assault, each provided false written statements to police, leading to the charge of making a false statement, a class-A misdemeanor.

Driessen said Nsabimana may have permanent eye damage and hailed the prosecutor's decision to file charges.

"The police moved so slowly on it, but the police just said they wanted to be really careful," he said. "It looks like everything's moving ahead now, and we're happy that charges have been filed."

The charges frustrated Whalen's mother, Christina Whalen, who has been trying to work with BYU's Honor Code Office in an attempt to help her son complete his transfer to SUU and use his final year of eligibility to play for the Thunderbirds.

"I am surprised that this got this far," she said. "How in the world were they able to shift through all the conflicting stories and decide to file charges? I just don't understand. They must have a crystal ball or something."