By GREG JORDAN
Bluefield Daily Telegraph
A Concord University student facing a charge of second-degree sexual assault waived the time limit Tuesday for a preliminary hearing in Mercer County Magistrate Court.
Tyler J. Tabit, 19, of Fayetteville was scheduled for a preliminary hearing in the court of Magistrate Mike Flanigan before the time limit was waived. A warrant was issued Sept. 19 relating to an alleged sexual assault May 13 at the Concord University campus in Athens. Tabit was arrested and charged with sexual assault second degree, which carries a penalty of 10 to 20 years imprisonment and a fine between $1,000 and $10,000, according to court records.
In an arrest report filed by Officer D.R. Smith of Concord Police Department, a female student stated the morning of May 14 that Tabit had sexually assaulted her in her Wilson Hall room. They had been studying in the campus library, but she said they left because it was “too noisy,” and that she felt “intimidated and confused” as Tabit allegedly touched her and had sex with her.
In a separate case, Shamel T. White, 20, of Richmond, Va., and Albert L. Rose, 20, of Orlando, Fla., face charges of sexual assault second-degree, conspiracy and unlawful restraint relating to an alleged sexual assault on a female student on Oct. 7, 2012 in a dorm at Concord University’s campus in Athens, according to court records. Both White and Rose have waived the time limit on their preliminary hearings, and both are free on personal recognizance bonds.
The complainant, a female student, told investigators she had met White and Rose at a college party and became extremely intoxicated. After the party was broken up by police, she went to White’s room at South Tower on the Athens campus where White and Rose allegedly assaulted her, according to the arrest report.
According to the athletic records of the university, Albert Rose, who started as quarterback for Concord in five of 11 games last season, is a sophomore in terms of eligibility, from Orlando, Fla. This season he played, but did not start, against West Virginia State on Sept. 14.
In 2012, Rose played in nine of Concord’s 11 games, completing 68 of 118 passes for 716 yards.
Shamel White, listed as a defensive lineman, played in parts of two Concord games this season and appeared in one game in 2012.
The Concord Police Department is investigating the cases, said Mercer County Prosecuting Attorney Scott Ash.
“Concord had administrative hearings with these two cases in which they found that no sexual assault had occurred,” Ash said Tuesday. “Accordingly, I asked Concord Security not to arrest them until I had read the reports in the case. I got one of the reports this morning.”
White, Rose and Tabit were each arrested and charged. Ash said he did not want them arrested until he had read the reports because of the administrative findings of the college.
White and Rose initially had $25,000 cash or surety bonds. Tabit had a $15,000 bond. All three men were later released on the personal recognizance bonds.
“I’ll review the reports when I get them in and determine if there is a case sufficient to present to the grand jury,” Ash said.
Sarah Dalton, project coordinator in the Concord University Advancement Office, said all three men are still students at the university.
“There are two allegations. One dates back to October 2012. The other dates back to May 2013. The university has looked into both matters and taken appropriate action. We have a policy not to comment on ongoing matters,” Dalton said. “We continue to work with the Concord Police Department to maintain a safe campus environment.”