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Terrence Shannon Jr’s alleged sexual battery cost and authorized case, defined

The University of Illinois men’s basketball team advanced to their first Sweet 16 since 2005 with a win over Duquesne on Saturday, and head to Boston hoping to keep their dreams of a national title alive. Terrence Shannon Jr. has the Illini’s leading scorer on this run as a team captain and potential NBA first-round

Terrence Shannon Jr’s alleged sexual battery cost and authorized case, defined

The College of Illinois males’s basketball staff superior to their first Candy 16 since 2005 with a win over Duquesne on Saturday, and head to Boston hoping to maintain their desires of a nationwide title alive.

Terrence Shannon Jr. has the Illini’s main scorer on this run as a staff captain and potential NBA first-round choose. Shannon missed six video games earlier this season after he was suspended by the college within the wake of an arrest for alleged rape and sexual battery.

Here’s what it’s essential know in regards to the underlying case, his reinstatement to the staff, and what’s going to come subsequent.

Sept. 9, 2023 incident and underlying allegations

Observe: The next accommodates descriptions of alleged sexual assault.

The underlying allegations stem from an incident on the Jayhawk Cafe, close to the campus of the College of Kansas. On Friday, Sept. 8 the Jayhawks hosted Illinois in a non-conference soccer recreation. Shannon, together with roommates Justin Harmon (a teammate on the Illinois basketball staff) and DyShawn Hobson (an Illinois graduate assistant scholar supervisor) traveled all the way down to Lawrence to attend the sport and go to with pals. In accordance with court documents reviewed by SB Nation, Hobson drove to and from Lawrence, and remained sober all through the evening.

It’s also alleged by both Shannon and Hobson that Hobson was instructed to drive Shannon by Illinois assistant coaches due to considerations concerning a previous automobile accident that Shannon was concerned in, and the truth that Shannon had an NIL occasion early on Saturday morning. In accordance with courtroom paperwork, the assistant coaches deny making this request.

After attending the sport, Shannon, Harmon, and Hobson frolicked with Kansas basketball gamers on the Jayhawk Cafe, earlier than driving again to Champaign at 4:30 a.m. on Sept. 9.

In accordance with an affidavit reviewed by SB Nation, whereas on the Jayhawk Cafe it’s alleged that Shannon “groped and raped” a feminine within the Martini Room, which is within the basement of the Jayhawk Cafe. In accordance with the affidavit, the alleged sufferer said that whereas she was within the crowded Martini Room within the early morning hours of Sept. 9, a male waved her over to speak to him. After making her manner over to the male:

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“ … the male began ‘grabbing’ on her and ‘grabbing my butt’ to drag her in direction of him … the male began grabbing her buttocks on the surface of her clothes earlier than placing his fingers below her skirt and grabbing her buttocks … he pulled her to him and practically instantly positioned his finger below her underwear and inserted it into her vagina.”

As famous within the affidavit, the alleged sufferer instructed police that as a result of the room was so crowded, and due to her positioning subsequent to the male and the close by wall, she couldn’t transfer or “do something” whereas the incident befell. She indicated that the incident lasted roughly 30 seconds earlier than she was in a position to get away.

In accordance with the affidavit, the alleged sufferer was in a position to establish the male on social media. She reported to police that there was one other male subsequent to the suspect that she acknowledged as a Kansas basketball participant. After reviewing all the Kansas roster, she didn’t acknowledge the concerned male. She then reviewed the Kansas soccer roster, however once more didn’t acknowledge the concerned male.

She then searched the Illinois basketball staff, considering that as a result of the 2 faculties have been enjoying one another, it was doable the concerned male was a member of the Illinois basketball staff. That’s when she instantly recognized the concerned male as Shannon.

Within the affidavit it’s famous that the police division reviewed the girl’s telephone, and each monitoring knowledge in addition to search inquires corroborated the girl’s assertion.

The police division additionally reviewed obtainable surveillance video from the Jayhawk Cafe which reveals each the girl and Shannon within the Martini Room. In accordance with the affidavit:

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Based mostly on the small print as described within the affidavit, Detective Josh Leitner of the Lawrence Police Division said there may be possible trigger to cost Terrence Shannon Jr. with rape and sexual battery.

Suspension and preliminary injunction

On Dec. 5, 2023, a complaint was filed by the State of Kansas in opposition to Shannon within the District Courtroom of Douglas County, Kansas.

The complaint contains two counts. The primary depend is an allegation of rape. Particularly, the grievance states that Shannon “… did unlawfully, feloniously, and knowingly have interaction in sexual activity with an individual, to-wit: [redacted], who didn’t consent to the sexual activity below circumstances when she, was overcome by power or concern, a severity stage 1 particular person felony, in violation of Okay.S.A. 21-5503(a)(1)(A) & (b)(1)(A).

The second depend is an allegation, pled “within the various” of sexual battery. This alleges that Shannon “did unlawfully contact one other … who didn’t consent to the touching, with the intent to arouse or fulfill the sexual needs of the offender or one other, a category An individual misdemeanor, in violation of Okay.S.A. 21-5505(a) & (c)(1).

As famous within the complaint, the penalty vary on the primary depend has a minimal of “147 months to a most of 653 months in jail and/or a high quality of as much as $300,000 and 36 months of post-release supervision.” Underneath the second depend the penalty vary is “as much as one 12 months within the county jail and/or a high quality of as much as $2,500.”

With respect to the “within the various” language, the second depend — for sexual battery — is a “lesser included cost.” The weather that the State must show are completely different, and as you may inform from a studying of the included statutory language, it’s a decrease bar for the State to clear. Hypothetically talking, if the State can not show past an affordable doubt at trial that Shannon “did unlawfully, feloniously, and knowingly have interaction in sexual activity with an individual,” they could fail on the primary depend, however they can succeed on the second, displaying that Shannon “did unlawfully contact one other … who didn’t consent to the touching.”

On Dec. 27, 2023 a warrant was issued for Shannon, and the next day he turned himself in, and was subsequently launched on $50,000 bail. The varsity suspended Shannon “indefinitely,” citing a zero-tolerance sexual conduct coverage. A preliminary listening to date for the prison case was scheduled for Feb. 23, 2024.

On Jan. 2, 2024 Shannon released a lengthy letter to the Illinois student-athlete conduct panel. Within the letter Shannon maintains his innocence and pleads for the suspension to be overturned:

“As to the prison fees in opposition to me, I’m declaring my innocence, as I did again in September. I’ve completely cooperated with that course of and can proceed to take action. Whereas I recognize my legal professionals and their potential to struggle the case in courtroom, I do know that the prison justice system takes time. So my day in courtroom won’t come about for a very long time, almost definitely lengthy after the NBA draft, and I will not be cleared of the fees till it’s too late. The hurt that I’ll endure from a direct suspension can by no means be undone, and I’ll by no means have this chance to additional my collegiate profession or fulfill my lifelong dream to play within the NBA. Going ahead, I need nothing greater than to play basketball for the College of Illinois, and I stay hopeful that my due course of rights will probably be honored and permit for a full reinstatement whereas this case is pending.”

Simply over per week later, Shannon, by counsel, filed a complaint for injunctive relief within the Sixth Judicial Circuit of Illinois in opposition to the College of Illinois Board of Trustees in addition to President Timothy Killeen, searching for to remain the imposition of the suspension whereas the authorized course of was ongoing. Within the grievance, Shannon alleges that the College “ … has served as decide, jury, and executioner by suspending [Shannon] from the staff earlier than the decision of his prison fees, eradicating the presumption of innocence and different due course of to which TJ is entitled.”

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The complaint additionally notes the affect the suspension may haven’t simply on Shannon’s school basketball season, however a possible NBA profession. “Accordingly, [Shannon] has a clearly ascertainable proper in his basketball profession that’s in want of safety. [Shannon] will endure irreparable hurt with out injunctive reduction, as his profession will definitely be ruined if the suspension continues, trouncing on his enterprise pursuits together with contractual rights.” The complaint additional alleged a number of counts for reduction on Shannon’s behalf, together with allegations based mostly on Title IX, breaches based mostly on Illinois’ Division of Intercollegiate Athletics (DIA), and an allegation that the college disadvantaged him of property rights with out procedural due course of.

A listening to on the grievance for injunctive reduction was held on Jan. 12, 2024 in entrance of the Honorable Colleen R. Lawless. Every week later Decide Lawless released an opinion, reinstating Shannon to the basketball staff. Particularly, Decide Lawless famous that whereas Shannon’s declare for reduction fails on many fronts, the declare that he was denied property rights with out due course of reveals “some chance of success on the deserves:”

“As to Rely VI, the Plaintiff (Shannon) has established that he has clearly ascertainable rights that want safety and there may be some chance of success on the deserves. The Courtroom additional finds that Plaintiff has no enough treatment at legislation and can endure irreparable hurt with out an injunction. The potential hurt to Plaintiff outweighs any hurt to the College. The general public curiosity will not be harmed by granting injunctive reduction to permit for extra procedural safeguards whereas he’s presumed harmless of the prison fees.”

Shannon returned to motion on Jan. 21, after lacking six video games, and scored 16 factors as Illinois defeated Rutgers 86-63.

What comes subsequent

Thursday evening Shannon and Illinois tackle Iowa State within the East Regional Semifinal at TD Backyard in Boston.

However the subsequent step on this authorized matter is the preliminary listening to, which was scheduled for February however reset to Could 10.

On that date each the State of Kansas and Shannon, by counsel, will current proof and testimony earlier than a decide, who will decide whether or not there may be sufficient proof to search out possible trigger {that a} crime has been dedicated. Ought to the State of Kansas meet that threshold, the matter will probably be set for a trial and Shannon would then face an arraignment listening to, the place he would plead responsible or not responsible.

Loosely outlined, a discovering of possible trigger would require the decide to imagine that based mostly on the proof introduced by the State of Kansas it’s affordable to conclude {that a} crime had been dedicated. For reference, in Illinois v. Gates (1983) the USA Supreme Courtroom lowered the edge for “possible trigger” in search warrant circumstances to state {that a} “substantial probability” or “honest likelihood” of prison exercise may set up possible trigger. This eradicated the earlier commonplace generally known as the “Aguilar-Spinelli” check, which required an virtually mathematical “better-than-even” check for possible trigger.

Within the time for the reason that previously-scheduled preliminary listening to, the events — the State of Kansas and Shannon — have been within the discovery section of the case. This implies each side are conducting their very own investigations, gathering proof, and chatting with witnesses. In accordance with Mitch Gilfillan, an legal professional in Illinois who has been monitoring the case, the events have additionally been issuing subpoenas for people who could have data pertinent to the matter to testify on the Could 10 preliminary listening to.

As Gilfillan noted on social media, in addition to in a piece with The Champaign Room, Shannon’s attorneys issued subpoenas to the alleged sufferer, the alleged sufferer’s acquaintance, and two law enforcement officials to testify on the Could 10 listening to. As well as, Shannon’s counsel has additionally issued a subpoena to a registered nurse at Lawrence Memorial Hospital, requesting that they bring about all “paperwork associated to the Sexual Assault Nurse Examiner (SANE) Examination” performed on the alleged sufferer.

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Nonetheless, that can occur in Could.

Tonight, Shannon takes the ground together with the remainder of Illinois, hoping to increase his school basketball profession by no less than another recreation.

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