Michigan State’s Jacoby Windmon takes step toward having tunnel assault charge dismissed

Michigan State’s Jacoby Windmon took the first step toward having a misdemeanor assault charge stemming from a postgame incident at Michigan dismissed.

The senior linebacker/defensive end appeared virtually in front of Judge Miriam Perry in Ann Arbor’s 15th District Court on Wednesday and is entering a pre-plea diversion program. He is the fifth Michigan State player charged with assault from incidents in October to enter the program in the last week.

The pre-plea diversion program was created by the Washtenaw County Prosecutor’s Office in 2021 for individuals charged with certain misdemeanors. Under terms of the program, Windmon will work with the probation office to create an individualized plan, which can include community service, but won’t be on probation. He was charged with assault and battery.

“We can confirm that the young man scheduled for a court appearance today has taken the first step in our pre-plea diversion program – one which neither requires a guilty plea nor a conviction be entered,” Washtenaw County chief assistant prosecuting attorney Victoria Burton-Harris said in a statement. “Under that program, participants work with a case manager to create and successfully complete a plan for accountability. Upon completion of that plan, charges are dismissed. Our office has had significantly high success with participants completing this program, and expect these young people to be no different if they elect to proceed with this diversion program. We wish all parties involved well.”

Another hearing is scheduled for March 1 but Washtenaw County assistant prosecuting attorney Jonathan Emmons said the goal is to adjourn the case for about six months as Windmon completes the program.

“We think he’s an excellent candidate for this program, especially considering his status as an athlete and as a role model for younger individuals to learn from their mistakes,” Debra Martinez, Windmon’s lawyer, said during the hearing.

Martinez didn’t immediately return a call seeking comment.

Windmon was one of seven Michigan State players charged in November with assault following postgame incidents in the tunnel after an Oct. 29 loss at Michigan.

Michigan State defensive ends Itayvion “Tank” Brown and Brandon Wright and defensive backs Angelo Grose and Justin White were all charged with misdemeanor aggravated assault and entered into the pre-plea diversion program on Friday. Defensive back Khary Crump was initially charged with felonious assault but took a plea deal to a pair of misdemeanor charges and was sentenced Tuesday to 12 months of probation and 80 hours of community service. Defensive end Zion Young was charged with misdemeanor aggravated assault and has a pre-trial hearing set for Feb. 6.

Following the loss at Michigan, Windmon was headed up the tunnel to the locker room. As two separate incidents occurred, Windmon was captured on video turning around, putting his helmet back on and engaging with Michigan defensive back Gemon Green, who Crump swung his helmet at.

All seven players who were charged were suspended for the final four games of the season by coach Mel Tucker and athletic director Alan Haller as the Spartans finished 5-7. Six were reinstated after the season ended while Crump remains suspended from the program and was suspended for the first eight games of the 2023 season by the Big Ten.

Windmon spent three years at UNLV before transferring to Michigan State last season. He started all eight games he appeared in – the first six at defensive end and the next two at linebacker – and had had 49 tackles, including 10.5 for a loss, 5.5 sacks, one interception, a fumble recovery and a nation-leading six forced fumbles. He became the first Spartan named Big Ten Defensive Player of the Week three times in one season.

Windmon announced Dec. 24 he is returning to use his final season of eligibility instead of leaving for the NFL draft.

“I am a firm believer in overcoming adversity because it does shape you into a better person,” Windmon wrote in part of a statement on Twitter while announcing his return. “This is nothing new to me, adversity will always be something I embrace and overcome. Adversity is something special as everyone will face adversity at one point in life. It’s all about how you respond when your back is against the wall.”

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