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Student accuses other of crime, holds in headlock

Abstract:
A University student held his former roommate in a headlock after accusing him of a crime Wednesday afternoon in the Miller Learning Center.

Eben Ryan Mallory, a graduate student from Aspen, Colo., said he was aware of a previous incident involving one of his friends and Justin Ward, a junior from Royston....

Confused

posted 10/30/08 @ 7:14 AM EST

What crime did Ward supposedly commit? Are any charges pending or were there any arrests made? This story is hilarious, but it might as well have read, "Some guy grabs some other guy for some reason." Please do a follow-up article on this one!

maybe?

posted 10/30/08 @ 7:36 PM EST

Originally posted by

Confused

What crime did Ward supposedly commit? Are any charges pending or were there any arrests made? This story is hilarious, but it might as well have read, "Some guy grabs some other guy for some reason." Please do a follow-up article on this one!


From what I've heard, one roomate accused the other of raping a girl he knew. Who knows though, that's probably why they didn't publish it, it's too accusatory.

Nancy Drew

posted 11/01/08 @ 6:23 PM EST

Originally posted by

Confused

What crime did Ward supposedly commit? Are any charges pending or were there any arrests made? This story is hilarious, but it might as well have read, "Some guy grabs some other guy for some reason." Please do a follow-up article on this one!


Knowing Ward personally, I know that he is just a lonely guy that if put in a situation where a girl (drunk or not) would willingly let there be any sexual contact, he'd take it. This is no different than any other guy. On the other hand though, Ward doesn't have the personality nor the physical aptitude to force a female into anything she refused.

I don't know anything other than what I read in the paper, and what I can read between the lines.

No blame or excuse for either party.

Capie

posted 10/30/08 @ 7:44 AM EST

This is awesome

anon

posted 10/30/08 @ 8:32 AM EST

This article demonstrates the notorious depth of Red&Black reports. One can only imagine what these journalists will uncover next!

Hulkamaniac

posted 10/30/08 @ 8:38 AM EST

Yes. Crappy reporting. How about a police report? But no doubt - best event of the week!

nick

posted 10/30/08 @ 9:31 AM EST

Worst story ever... some guy from CO grabbed another guy and then the police showed up. Somehow there are not one, but two pictures and we still don't know what the whole thing was about.

a confused reader

posted 10/30/08 @ 9:36 AM EST

huh?

mea

posted 10/30/08 @ 9:41 AM EST

Wow. File this story along with the hobo sodomy case.

Timothee Atouba

posted 10/30/08 @ 2:09 PM EST

Originally posted by

mea

Wow. File this story along with the hobo sodomy case.



+1

LJ

posted 10/30/08 @ 2:22 PM EST

Originally posted by

mea

Wow. File this story along with the hobo sodomy case.


Haha!

alum

posted 10/30/08 @ 9:49 AM EST

This sort of incident disappoints me as an alum. Let's handle confrontations as adults, gentlemen.

Beau

posted 10/30/08 @ 10:17 AM EST

My GODDDDD!!!

The "reporting" of the Red and Black just keeps on getting worse. This is an awful story, as it is presented. Might I suggest "The Investigative Reporter's Handbook." It's used as a textbook, at some universities but I don't know about here. The Red and Black is being made fun of by others because of the reporting. My favourite part of the story is this: "I made sure the cops got here," Mallory said. "They're the ones who need to step up. This [crime] is not something I take lightly."

But actually Mallory is guilty of battery.

This story as written stinks.

Tom Cofer

posted 10/30/08 @ 11:23 AM EST

The real crime here is Brittany Cofer's writing ability.

Winslo

posted 10/30/08 @ 11:47 AM EST

Mr. Mallory should be charged with assault and actually should be nursing a broken nose or be in a body cast.

read the law

posted 10/31/08 @ 1:20 PM EST

Originally posted by

Winslo

Mr. Mallory should be charged with assault and actually should be nursing a broken nose or be in a body cast.


You need to read Georgia law. Assault would not be the correct charge. In fact, there is no crime of "assault" in Georgia. There is "simple assault" and "aggravated assault", but neither of those fit. "Simple battery" would be the most appropriate charge.

Perhaps the so called victim declined to press charges.

I agree with the second part of your post. Why didn't the other guy defend himself?

Michael Prochaska

posted 10/30/08 @ 11:56 AM EST

Mallory was making a citizen's arrest, which is a citizen's right to detain a criminal until the police arrive. He did nothing wrong.

But I STILL want to know what the kid he had in a head lock did. Why was that kept from the reader?

mea

posted 10/30/08 @ 12:15 PM EST

No no...if you have a "crime" to report, you call the police and report it. Causing commotion on campus and putting some dude in a headlock until a security guard shows up is not the way to handle it.

Originally posted by

Michael Prochaska

Mallory was making a citizen's arrest, which is a citizen's right to detain a criminal until the police arrive. He did nothing wrong.

But I STILL want to know what the kid he had in a head lock did. Why was that kept from the reader?

HC

posted 10/30/08 @ 12:23 PM EST

Originally posted by

Michael Prochaska

Mallory was making a citizen's arrest, which is a citizen's right to detain a criminal until the police arrive. He did nothing wrong.

But I STILL want to know what the kid he had in a head lock did. Why was that kept from the reader?


I would guess because it's something serious and potentially defamatory for the accused. Maybe he hadn't been officially charged with anything when they went to press. We'll probably hear about it in the next couple days.

Evan

posted 10/30/08 @ 12:47 PM EST

Originally posted by

Michael Prochaska

Mallory was making a citizen's arrest, which is a citizen's right to detain a criminal until the police arrive. He did nothing wrong.

But I STILL want to know what the kid he had in a head lock did. Why was that kept from the reader?


I'm not saying this is wrong becuase I don't know what Georgia's laws on citizen's arrests are, but for the most part, the crime must be a felony and must be being commited or have been commited in the presence of the arresting citizen. After that the laws get nitty-gritty on whether you can arrest someone solely because of probable cause, or what that probable cause might even entail.

Beau

posted 10/30/08 @ 12:37 PM EST

Hi Michael. Well, from this story in the Red and Black, how do we know Mallory did nothing wrong? The reporting is awful. Can the reporter do some research and tell us the laws on citizen's arrest in Georgia and tell us the claims made by Mallory?

Claiming a citizen's arrest does not mean one can place another in a head lock.

Also, did Mallory witness Ward commit a crime and did Mallory follow the OCGA? Was the "crime" a felony or misdemeanor? What is the OCGA concerning citizen's arrests in Georgia?

Making a citizen's arrest maliciously or with insufficient evidence of wrongdoing by the arrested individual can lead to civil or criminal penalties. Additionally, it is in violation of a suspects rights for a citizen making an arrest to use unnecessary force, to intentionally harm the suspect, to hold the suspect in unsafe conditions, which a headlock can be argued as unsafe, or to delay in turning the suspect over to authorities. A citizen making an arrest is acting in the place of an officer of the law, and as such, is required to uphold the same rights and civil liberties as an officer of the law must uphold.

A citizen who violates a suspects rights, or who violates the applicable state law in detaining the suspect, (for example, arresting a suspect for a misdemeanor when the state statute requires a felony for a citizens arrest), risks being sued or even charged with a crime.

Additionally, if it is found that the arresting party did not meet the pertinent state requirements for a citizens arrest, any contraband found on the suspect will have been found illegally, and charges may be dropped entirely.

The ideal circumstance is to catch the suspected criminal in the very act of committing a crime. A person witnessing a mugging can seize the mugger and hold him until a police officer arrives, for example.

Did Ward commit a felony in the presence of Mallory?

Modern law enforcement officers strongly discourage untrained civilians from making a citizen's arrest.

I don't have the time to search lexis nexis or use the Nolo book on legal research at the law library.

My point is, that this article is another example of shoddy reporting from the Red and Black, and really, we (myself included) cannot assume anything about Mallory or Ward from this article because it is poorly written and researched.

I would like to see a better written and properly researched follow-up to this article.

Thanks.

Finally, I think that some students have been watching too much Dog the Bounty Hunter and think that they are tv stars.

I agree that this article is poorly written, but from what I can ascertain, Mallory is guilty of civil and criminal offences until a better written article is presented for our consideration.

Cappie

posted 10/30/08 @ 12:47 PM EST

Originally posted by

Beau

Hi Michael. Well, from this story in the Red and Black, how do we know Mallory did nothing wrong? The reporting is awful. Can the reporter do some research and tell us the laws on citizen's arrest in Georgia and tell us the claims made by Mallory?

Claiming a citizen's arrest does not mean one can place another in a head lock.

Also, did Mallory witness Ward commit a crime and did Mallory follow the OCGA? Was the "crime" a felony or misdemeanor? What is the OCGA concerning citizen's arrests in Georgia?

Making a citizen's arrest maliciously or with insufficient evidence of wrongdoing by the arrested individual can lead to civil or criminal penalties. Additionally, it is in violation of a suspects rights for a citizen making an arrest to use unnecessary force, to intentionally harm the suspect, to hold the suspect in unsafe conditions, which a headlock can be argued as unsafe, or to delay in turning the suspect over to authorities. A citizen making an arrest is acting in the place of an officer of the law, and as such, is required to uphold the same rights and civil liberties as an officer of the law must uphold.

A citizen who violates a suspects rights, or who violates the applicable state law in detaining the suspect, (for example, arresting a suspect for a misdemeanor when the state statute requires a felony for a citizens arrest), risks being sued or even charged with a crime.

Additionally, if it is found that the arresting party did not meet the pertinent state requirements for a citizens arrest, any contraband found on the suspect will have been found illegally, and charges may be dropped entirely.

The ideal circumstance is to catch the suspected criminal in the very act of committing a crime. A person witnessing a mugging can seize the mugger and hold him until a police officer arrives, for example.

Did Ward commit a felony in the presence of Mallory?

Modern law enforcement officers strongly discourage untrained civilians from making a citizen's arrest.

I don't have the time to search lexis nexis or use the Nolo book on legal research at the law library.

My point is, that this article is another example of shoddy reporting from the Red and Black, and really, we (myself included) cannot assume anything about Mallory or Ward from this article because it is poorly written and researched.

I would like to see a better written and properly researched follow-up to this article.

Thanks.

Finally, I think that some students have been watching too much Dog the Bounty Hunter and think that they are tv stars.

I agree that this article is poorly written, but from what I can ascertain, Mallory is guilty of civil and criminal offences until a better written article is presented for our consideration.


Dude,
Being a 1L doesn't make you a lawyer. I'm glad you learned how to find the OCGA online but please STFU.

Rice Pilaf

posted 10/30/08 @ 12:47 PM EST

What's even crazier?

Eben Mallory is paralyzed from the waist down. He uses crutches to get around campus.

crazy article

posted 10/30/08 @ 5:46 PM EST

Originally posted by

Rice Pilaf

What's even crazier?

Eben Mallory is paralyzed from the waist down. He uses crutches to get around campus.


Yep, he lives down the hall from me. He kind of creeps me out.

Beau

posted 10/30/08 @ 12:54 PM EST

Hey Cappie! Great responce! Please make some more assumptions about me. Remember, assume means ASS U ME.

Cappie, what does STFU mean? Can you please explain? Salamat Po.

Beau

posted 10/30/08 @ 12:57 PM EST

And what kind of image does Mr. Mallory present to the world about UGA? That's it is okay to attack someone and then claim that you are making a citizen's arrest?

Capie, your original responce to this article was "This is awesome." Perhaps you would enjoy the film "Ready to Rumble?"

Cappie

posted 10/30/08 @ 1:10 PM EST

Originally posted by

Beau

And what kind of image does Mr. Mallory present to the world about UGA? That's it is okay to attack someone and then claim that you are making a citizen's arrest?

Capie, your original responce to this article was "This is awesome." Perhaps you would enjoy the film "Ready to Rumble?"


It means that you are a complete D-bag. It's people like you that read stupid f'ing stories and hop on LexisNexis to try to seem knowledgeable and comment on society that really piss me off.

Wala pong anuman

Beau

posted 10/30/08 @ 1:11 PM EST

Originally posted by

Beau

And what kind of image does Mr. Mallory present to the world about UGA? That's it is okay to attack someone and then claim that you are making a citizen's arrest?

Capie, your original responce to this article was "This is awesome." Perhaps you would enjoy the film "Ready to Rumble?"


LOL!

EasySqueezie

posted 10/30/08 @ 3:10 PM EST

Originally posted by

Beau



Capie, your original responce to this article was "This is awesome." Perhaps you would enjoy the film "Ready to Rumble?"


Epic LOL

CAppie

posted 10/30/08 @ 3:11 PM EST

Originally posted by

Beau

And what kind of image does Mr. Mallory present to the world about UGA? That's it is okay to attack someone and then claim that you are making a citizen's arrest?

Capie, your original responce to this article was "This is awesome." Perhaps you would enjoy the film "Ready to Rumble?"


It's funny that I was dead on about you being a d-bag or that you got called out for copying and pasting from another website?

Jack

posted 10/30/08 @ 12:59 PM EST

Maybe Mr. Charles Ryan Barber should've written this article. He seems to be the only one who knows anything...

Sam

posted 10/30/08 @ 1:00 PM EST

The writing of this article is fine, but there's no way this story deserves to be on the front page.

BuCk

posted 10/30/08 @ 1:18 PM EST

I was the one that slept with his girlfriend!

Adam Barnette

posted 10/30/08 @ 1:48 PM EST

Ugghhhh what crime did he committ? I bet he tore the tag off of his IKEA synethetic-down comforter.

EasySqueezie

posted 10/30/08 @ 3:27 PM EST

Originally posted by http://www.ebenmallory.com/

Yes!


OMFG. Not only does he keep the UGA campus safe, he also sings for God! I'm sad that he hasn't had any new tour dates since 2006, though. What's this world coming to when a country boy from CO can't get an audience?

rofl

not the same guy

posted 10/31/08 @ 1:24 PM EST

Originally posted by http://www.ebenmallory.com/

Yes!


That is not the same guy from this incident. They just happen to have the same name.

not the same guy

posted 10/31/08 @ 10:47 PM EST

Originally posted by http://www.ebenmallory.com/

Yes!



I didn't think it was the same guy, but it turns out that it is.

ZeroL

posted 10/30/08 @ 2:59 PM EST

Beau - please refrain from criticizing any R&B articles until you can at least write without committing plagiarism.

http://www.criminalattorney.com/pages/firm_articles_citizens_arrest.htmis.

Stupidity on this board

posted 10/30/08 @ 3:36 PM EST

You guys are morons. What is the one crime newspapers can't or won't print if someone is alleging - when there is no physical evidence of it happening. Especially when the person who would be the accuser is being put in a headlock...think about it...the R&B would get hammered legally if it turned out not to be true...so GET SMARTER FUCKHEADS!!!

mea

posted 10/30/08 @ 3:47 PM EST

1) No, the newspapers would not "get hammered legally" for reporting the allegation of a crime. Newspapers report crime allegations which later turn out to be false all the time.
2) I don't know, what is the "one crime newspapers can't or won't print"? Never heard this one before...
3) Do not tell people to "get smarter fuckheads" if you cannot write a coherent paragraph.

Originally posted by

Stupidity on this board

You guys are morons. What is the one crime newspapers can't or won't print if someone is alleging - when there is no physical evidence of it happening. Especially when the person who would be the accuser is being put in a headlock...think about it...the R&B would get hammered legally if it turned out not to be true...so GET SMARTER FUCKHEADS!!!

Stupidity on this board

posted 10/30/08 @ 5:02 PM EST

Originally posted by

Stupidity on this board

You guys are morons. What is the one crime newspapers can't or won't print if someone is alleging - when there is no physical evidence of it happening. Especially when the person who would be the accuser is being put in a headlock...think about it...the R&B would get hammered legally if it turned out not to be true...so GET SMARTER FUCKHEADS!!!


Actually they would get hammered legally. You publish something untrue or something that damages the character of a private citizen, that's defamation. The accused could sue if the paper published what the accuser is saying this person did (which is a pretty big allegation).

fuckhead.

in addition, in what situations do newspapers not publish names? In this article we have a name. Thus, why wouldn't they publish the crime? Think...

girldawg

posted 10/31/08 @ 9:37 AM EST

Surely this reporter was not admitted to our Journalism school!!!

JAY

posted 10/31/08 @ 2:41 PM EST

Tom Cofer
posted 10/30/08 @ 11:23 AM EST

The real crime here is Brittany Cofer's writing ability.

UGA Student

posted 11/01/08 @ 7:51 PM EST

This student is one that needs to undertake some anger management courses. I have had interactions with him in the past and honestly you have one of the few people that I ever thought was capable of a VT type incident. Over the years I have seen him, his attitude not only worsened but his personal communication skills decreased as well. The university should seriously take heed of this as an early warning sign of a disturbed person. Have we learned nothing of violent outbreaks? How many times have students that return to harm others given us warning? UGA step up and make a good choice for our safety.

Nancy Drew

posted 11/01/08 @ 8:01 PM EST

Originally posted by

UGA Student

This student is one that needs to undertake some anger management courses. I have had interactions with him in the past and honestly you have one of the few people that I ever thought was capable of a VT type incident. Over the years I have seen him, his attitude not only worsened but his personal communication skills decreased as well. The university should seriously take heed of this as an early warning sign of a disturbed person. Have we learned nothing of violent outbreaks? How many times have students that return to harm others given us warning? UGA step up and make a good choice for our safety.


Which student? Ward or the headlock guy?

UGA Student

posted 11/01/08 @ 8:10 PM EST

Originally posted by

UGA Student

This student is one that needs to undertake some anger management courses. I have had interactions with him in the past and honestly you have one of the few people that I ever thought was capable of a VT type incident. Over the years I have seen him, his attitude not only worsened but his personal communication skills decreased as well. The university should seriously take heed of this as an early warning sign of a disturbed person. Have we learned nothing of violent outbreaks? How many times have students that return to harm others given us warning? UGA step up and make a good choice for our safety.


Mallory

Joe

posted 11/01/08 @ 9:00 PM EST

I agree that this guy is a problem on campus like everyone else who's had the misfortune of encountering him. What's he trying to prove with his shenanigans?

UGA Student

posted 11/01/08 @ 9:23 PM EST

Shenanigans implies the whims of a child or humorous actions that bare little relevance to the future. This is a deliberate act that he should be held accountable for. The university should take charge at this point. There are warning signs all over and obvious student concern. There is no reason for physical contact in this situation. Even in the reporting it states that the victim was not moving, fleeing, or attempting to harm anyone. To justify this action would be to condone the use of physical assault as means for solving non-violent situations. The guy was in the SLC, not a fugitive on the run.

The Red and Black cannot report accusations of such a nature that they would not only hurt the person's reputation but as part of responsible reporting refuses to ruin his life, kudos to them for this. But there is a ticking bomb here that is not being investigated. Mallory seems to be a bitter and angry person that uses physical means to solve his problems. We have CAPS. We have UGAPD. And we have a building of "Professionals" that specialize in psychology. Time for UGA to step up and keep us safe. But UGA is more interested in guys and girls in the dorms that argue over who's popcorn it is.

Originally posted by

Joe

I agree that this guy is a problem on campus like everyone else who's had the misfortune of encountering him. What's he trying to prove with his shenanigans?

yo

posted 11/02/08 @ 2:16 AM EST

Former roommate? The GA Family Violence Act clearly states that an act of violence between former or current roommates dictates the mandatory arrest of the primary aggressor. UGA Police failed to do so in this case. They should have charged with idiot with simple battery at the very least for what he did in the learning center. I guess you can get away with just about anything on campus but god forbid you drink under 21, UGA Police will pounce on you then!

Michael

posted 11/02/08 @ 7:33 AM EST

The alleged crimes indicated by this story are simple battery and possibly family violence battery since they were former roommates. Ward should apply for a warrant application against Mallory so that Mallory can get some handcuffs, probation and anger management classes.

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