JayVaughn Pinkston is scheduled to be arraigned today in The Montgomery County Court of Common Pleas. He has waived his right to attend the hearing and it sounds like he and his attorney are setting the stage for an affirmative defense:
Also, one of his counts of simple assault has been dropped, leaving him with one count of simple assault and two counts of harassment.Pinkston had been charged in connection with a dispute with two other students at a party in Upper Merion Township in the early morning hours of Nov. 7.
Police said an argument had broken out among Pinkston and several attendees at the party inside a home. Sources said Pinkston had been locked in a room as a prank before the argument.
Two men eventually sought medical treatment at Bryn Mawr Hospital. Charges were filed against Pinkston following the police investigation. On Dec. 6, Villanova suspended him for the rest of the school year, saying he violated the student code of conduct.
However, Famiglio said, when each of the two alleged victims testified - with the other out of the courtroom - each account of the details of the incident was markedly different.
"I don't think the judge liked that," he said. "We're saying the fight was instigated by these guys."