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August 15, 2014

Mixon's attorney “disappointed” with investigation

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Oklahoma running back Joe Mixon was charged with acts resulting in gross injury, a misdemeanor charge, also known as "outraging public decency" on Friday afternoon.

The charge stems from Mixon's alleged assault of 20-year-old OU student Amelia Molitor at Pickleman's on July 25. The charge carries a penalty of up to one year in jail and or a fine of up to $500.

Cleveland County District Attorney Greg Mashburn met with Norman Police earlier this morning. No warrant is being issued for Mixon's arrest, and he is expected in court to be arraigned on Monday.

Video of the alleged assault is in the hands of Mashburn and Norman police, but won't be made public at this time.

"We'll have to keep that in evidence because if we end up going to trial on this we'll have to show it to a jury and so that will be a part of our case," Mashburn said.

Mixon was suspended from football-related activities pending the results of the Norman Police Department's investigation just prior to the beginning of OU's preseason football camp. OU released a statement upon Mixon's being charged.

"The University of Oklahoma understands that charges have been filed against Joe Mixon upon in an investigation by local law enforcement agencies," OU athletic director Joe Castiglione said in a statement.

"Under its policies, the University must independently evaluate student conduct matters and will review the facts as a part of its internal process. At an appropriate time, the University will determine Mixon's status."

According to the probable cause affidavit filed by NPD, Molitor was knocked unconscious by Mixon. Molitor was transferred to Norman Regional following the alleged assault.

She suffered "a fractured jaw, fractured cheek bone, fracture sinus and fractured orbit which caused a hematoma on the left eye."

Mashburn looked into pursuing charges for both Molitor and Mixon, but NPD's investigation and Mashburn's understanding of the sequence of events led him to believe the misdemeanor charge was most warranted.

"I believe that this charge really fits because it deals with causing gross injury to a person, and that act was injurious to public morals," he said. "I think under the law that's exactly what we have here and the misdemeanor charge is appropriate."

Mixon is a freshman, five-star recruit and the No. 1-ranked running back for the 2014 class. He has retained attorney Kevin Finlay as his legal counsel.

Finlay issued a statement on Friday afternoon. Here it is in full below:

"While we recognize that Joe has not been charged with the crime of assault and battery, we are still very disappointed that the Cleveland County District Attorney's office chose to charge Joe with a misdemeanor for grossly disturbing peace or public decency," Finlay said.

"As we have maintained from the beginning, it is our belief that Joe reacted instinctively after being racially slurred and physically assaulted by a highly intoxicated young woman and her male friend. We strongly disagree with the series of events as portrayed by Norman PD. Justice knows no gender bias and we do not believe that Joe's actions were criminal in nature.

"We are also disappointed that it appears that no assault and battery charges will be filed against the young woman for her actions on the morning of July 25th. It is important to Joe and his family that he continues toward his goal of becoming a successful student-athlete both on and off the field at the University of Oklahoma. Joe looks forward to the opportunity to clear his name and put this unfortunate situation behind him."



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