UPDATED: Attorney explains; Minicus wants first-timer treatment

[UPDATE] The attorney for Brian Minicus, Stephen Seeger, issued the following statement regarding his client seeking accelerated rehabilitation:

“The warrant affidavit in this case is fraught with inconsistencies and its a shame that the case wasn’t investigated a little deeper prior to the charges being brought.  Based upon our own investigation, there is no credible evidence of a “hold down” beating suffered by the Victim.

 “At its most basic level, a teenage fight broke out at a party, between the victim and my client, all  against the backdrop of historical animus.  There was no damage to property and no physical injury to speak of.  The two boys agreed to go their own ways post incident.   In generations gone by parents and not police would have handled this type of skirmish. And in days gone by, similar situations would not have placed college commitments in jeopardy.
“Accordingly, my client has made application for a diversionary program in this case—as a legal mechanism it may afford my client the best and most expeditious opportunity to put this matter behind him, in a manner conducive to taking responsibility for his actions, but not having to worry about having to dignify and/or defend against certain false and/or embellished accusations.

[UPDATE] The lawyer for Darien High School football player Brian Minicus, 18, sought accelerated rehabilitation — a leniency given to first offenders — in Norwalk Superior Court on Wednesday, Dec. 6. Attorney Stephan Seeger asked Judge Alex Hernandez for accelerated rehabilitation (AR) on Minicus’ behalf even while his client is due in court for an unrelated offense of creating a public disturbance in July.

Wednesday, Minicus faced charges for allegedly headlocking and repeatedly punching a New Canaan juvenile in the head on Nov. 6. Minicus was arrested by New Canaan Police on Nov. 22 and charged with unlawful restraint and third-degree assault of the juvenile.

AR is sometimes given to first offenders, which may or may not apply to Minicus since he needs to appear in New Britain Court, Jan. 10 for an infraction that he received for creating a public disturbance, July 6.

The infraction “is highly relevant,” said Matthew Maddox the attorney defending the rights of the juvenile victim. An infraction is not a criminal offense and “may not preclude him from receiving”  AR, he said. “However it could be relevant here,” since the judge needs to determine if the defendant “will likely offend in the future,” said Maddox.

He said the charge of ‘creating a public disturbance’ is often given in a plea deal from a higher offense. If there was a higher original charge, that could be relevant as well, Maddox explained.

Under the umbrella of AR, the charges are dismissed in the future, but it requires the candidate to complete a probationary period and undertake counseling and / or community service. It requires the defendant to avoid other criminal charges for a specified period of time.

“As a practical matter, this type of resolution affords him an opportunity to put this experience behind him.  This is particularly important for college purposes;  if this case could be resolved expeditiously, my client could continue admission processes in a timely manner. I am looking forward to working with the Victim’s counsel to get to the truth;  if the Victim’s input is based on the truth, we are hopeful that a diversionary resolution ensues.”

[RETURN TO ORIGINAL STORY] At court in Norwalk on Wednesday, Minicus was given his next court date of Jan. 17, 2018, just one week after his New Britain court date.

Minicus, one of the Darien football team captains and safety / wide receiver, was arrested the night before the Turkey Bowl XXIV against New Canaan and did not play in the game.

Police headquarters on South Avenue in New Canaan

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  • Carol

    The accused attorney’s statement makes it sound like client has little blame and everyone else it at fault for the problem. It’s interesting that they are looking for a quick solution so it does not affect college applications. In the the end the most expeditious solution would have been not to drive to New Canaan in the first place. Regardless of the legal outcome no doubt that colleges will take into account the poor judgment.

  • Commissioner

    Beating Greenwich, the NC Police Dept and winning the state anyway is nice. So far colleges are on board with these great kids, who did something stupid, highly provoked.nnWishing NC well in their game, oh wait sorry.nnHoping these kids acknowledge their mistake and move ahead, including the u201cvictimu201d.

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