The 20-year-old pleads no contest to charges of gambling and theft to avoid jail time and keep alive his hopes of playing in college again.
By GREG AUMAN
Published July 3, 2003
Adrian McPherson took a major step Wednesday toward putting his legal troubles behind him, but whether he can return to college football is another matter.
The former Florida State quarterback pleaded no contest to gambling and theft charges in Tallahassee as part of a plea agreement with prosecutors that will keep the 20-year-old from serving jail time.
McPherson has one year to serve 90 days as part of a county work detail, was ordered to do 50 hours of community service and faces a probationary period of up to 21/2 years.
"When you get 30 months probation and 90 days of jail work camp, that's pretty good punishment," said Tony Guarisco, chief assistant state attorney for the prosecution. "He'll be wearing the striped uniform and picking up trash for 90 days. Restitution is going to be made, and everybody who lost their money here will be made whole. That's the important thing, and this is what we call justice being served."
A guilty plea could have ended his college eligibility, but the no-contest plea leaves the door open for a possible transfer and fresh start with another program, depending on the NCAA's interpretation. If the NCAA finds that McPherson gambled, he faces a one-year suspension or a permanent one if it is found he gambled on his school. The NCAA already has the 800-page police investigation on the gambling charge, which found that he gambled with a bookie, a charge he avoided only because the one-year statute of limitations had passed.
"I can't tell you what they're going to do, but they have tons of proof that he was gambling," Guarisco said. "There's a chance he'll never play football again. The NCAA's standard of proof is not to the exclusion of every reasonable doubt. That's a high standard. With them, whoever tips the scales gets the prize."
McPherson, who was named Florida's Mr. Football and Mr. Basketball at Bradenton Southeast, attended the hearing with his family and said he was eager to move on.
"I'm just relieved it's all over. I'm ready to get back in school and get on with my life," McPherson told the Associated Press.
He could have faced up to 20 years in jail if convicted, but under the agreement, prosecutors would allow his probation to end in 18 months if he follows all conditions of the sentence. He was tried on a misdemeanor charge for gambling via the Internet, including placing bets on FSU football, but a mistrial was called because of a hung jury.
The agreement covers not only the gambling charge, but also had McPherson plead no contest to three felonies and a misdemeanor related to the theft, forgery and cashing of a check from a Tallahassee business. Another felony charge was covered for bouncing checks.
One key sticking point in negotiations was making sure McPherson could have adjudication withheld on all charges, which would allow his record to be cleared if his probation is completed without incident.
"Because of this, he is not a convicted felon, he has no adjudication on his record," Tallahassee attorney Chuck Hobbs said. "So when he goes for a job or applies for graduate school somewhere and they ask him that question, he can honestly answer "no."'
St. Petersburg lawyer Grady Irvin Jr., also representing McPherson, said he has talked with schools his client might attend. He declined to name them and said McPherson has not decided where he will enroll in the fall.
McPherson started four FSU games last season as a sophomore before he was dismissed from the team Nov.25. He said Wednesday he wants to play football again, but realizes he might not.
"I believe everything happens for a reason," he said.
Spokesperson Kay Hawes said the NCAA cannot comment on a specific case, but noted that if a student-athlete's eligibility is to be restored, that process must be started by a university and not by the individual athlete.
McPherson faced trial July14 on felony charges that he stole a blank check from R&R Truck Accessories in Tallahassee and received stolen goods after the check was cashed for $3,500. Under his plea agreement, McPherson will pay back the money, and he cannot write any checks while on probation, using a debit card instead.
Circuit Judge James Hankinson warned McPherson to take his probation seriously, or "next time, you'll be sitting over on that bench in a blue uniform."
McPherson's county work detail will not count toward his community service. His 50-hour community service can be reduced if he accepts an offer from the NCAA to complete the service in a program that involves traveling to college campuses to talk about gambling. If he does that, he would serve just 25 hours.
- Information from Times staff writer Brian Landman and wire reports was used in this report.
