News - Local/State

Wednesday, Aug. 20, 2008

Graduation charges dismissed

Agreement includes apologies in 7 of 8 disorderly conduct cases

Disorderly conduct charges against at least seven of the eight people arrested in June for cheering at area high school graduations have been dismissed after the people wrote apologies for behavior at the ceremonies.

Yet at least three of the people who apologized as part of an agreement to drop disorderly conduct charges maintain each did nothing illegal, and were not told beforehand they could be arrested if caught hollering.

The dismissal means it remains unclear whether cheering at graduation is against the law, while at least one of the school districts that featured the majority of the arrests plans no changes in graduation programs that ban cheering during the presentation of diplomas.

"I'm sorry, I'm sincere in my apology, what I did was rude, and looking back, I shouldn't have done it," Joseph Reiriz, 21, said after signing the apology Tuesday in Rock Hill city court.

Reiriz was handcuffed and booked into jail June 7 after cheering for his younger brother at Fort Mill High's graduation at Winthrop Coliseum. The apology Reiriz signed was crafted by prosecutors and a defense lawyer that stated to school students, staff and others that his "actions took away from the dignity and respect which every member of the Class of 2008 had earned."

Schools did tell attendees before the ceremony that outbursts could lead to removal.

"I expected to be escorted out, but I didn't expect legal action," Reiriz said after court. "Frankly, it was a breach of etiquette, not a breach of law."

Jonathan Orr, 21, was arrested June 6 at York Comprehensive High's graduation for cheering for his cousin. Like Reiriz, Orr appeared in court without a defense lawyer Tuesday and told Judge Ray Long he was sorry. Both agreed to the same dismissal agreement offered to and accepted earlier by five other defendants, and a sixth who is expected to formalize the agreement later.

"I broke a rule, not a law," Orr said after court. "I am really sorry."

Of the eight arrests at Winthrop Coliseum the weekend of June 6 and June 7, six came at Fort Mill High School's graduation; one was at Northwestern High School's graduation, where a widower following his dying wife's wish cheered for his daughter; and one was at York Comprehensive High School's graduation.

The man charged at Northwestern, Allen Brandon, was in a traffic accident weeks after the incident and has been unable to sign the apology or appear in court. But his lawyer, Harry Collins, and Rock Hill Solicitor Chris Barton both said the same agreement is expected for Brandon.

Collins and Barton made the deal for the six defendants represented by Collins, and Barton said in court it was fair to extend that agreement to Orr and Reiriz.

However, Collins and Barton disagreed after court over whether the behavior at the graduations was a crime. The agreement, without trials that could establish legal precedent, assures schools, not courts, retain sole authority over graduation policy, Barton said.

That attendees were told they would be removed, but weren't told they would be subject to arrest, was a factor in the agreement but not the only factor, Barton said after court.

"People clearly are on notice they are subject to ejection, and what might be more appropriate is a disturbing the schools charge," Barton said in court.

Collins maintained no laws were broken but called the apologies fair.

"If someone is rude and inconsiderate, the proper thing to do is apologize," Collins said.

Rock Hill police and other law enforcement officials were contracted by the school districts to handle security at the graduations. Only Brandon -- the same man later in the crash -- avoided being booked briefly into jail for the behavior at graduation.

Collins said he hopes "cooler heads prevail" at future graduations and police take "a more level-headed approach" to handling the crowds.

Rock Hill police could not be reached Tuesday for comment about the dismissals or what the department's future policy toward contracting officers at graduations will be.