Longwood University senior men’s basketball player Jason Pimentel was found ‘not guilty’ of battery in a Prince Edward County Circuit Court jury trial Thursday.
On Feb. 2, in Prince Edward County District Court, Pimentel was previously found guilty of a Class 1 misdemeanor of sexual battery. Throughout the circuit court trial Thursday, the charge was first struck from sexual battery to assault and battery, and finally to battery, of which he was exonerated. The trial lasted roughly three and a half hours and the seven-member jury deliberated for less than an hour before returning to the courtroom with their decision.
Pimentel’s defense attorney, Gary Elder of Hawthorne & Hawthorne, spoke outside of the courtroom shortly after the decision was announced, “We’re very happy with the way with the way things turned out and the case worked out the way it ultimately should work out. So I know Jason is really pleased.”
Robert Bauer, assistant commonwealth's attorney for Prince Edward County, represented the reported victim and, after the trial, deferred comment to Prince Edward County Commonwealth's Attorney James Ennis. His office did not respond in time for publication.
The Rotunda attempted to interview Pimentel in the courthouse, but he was not made available for comment. Longwood Director of Athletics Troy Austin released the following statement this afternoon, “In this difficult matter, Jason Pimentel has now exercised his right to a trial by jury and been found not guilty. We will have no further comment.”
Thursday's court result came nearly 11 months after Pimentel’s Nov. 5, 2014 arrest. Pimentel was suspended indefinitely from the team the next day, but made his Longwood basketball court debut three months later after being reinstated immediately prior to a game against Charleston Southern on Feb. 14 at Willett Hall. He played in each of the final eight games of the season, including the Big South Conference tournament.
His return to the courtroom this fall resulted from a continuance filed in late July, including an agreement to bring the case to a jury trial. On Thursday, several people testified including the reported victim and Longwood Police Department Investigator Sam Gilliam, the arresting officer.
A significant piece of evidence presented during the most recent trial was surveillance video footage from the hallway of Pimentel's dorm in Longwood Landings, showing him and the reported victim together on the night of the incident.
In the alleged victim’s initial report to police, she claimed Pimentel inappropriately touched her without her consent in the hallway. On the stand Thursday, she told the courtroom that on that night, she did not feel any intimidation or fear of Pimentel, but was offended by his actions.
Elder argued that the poor quality of the video and the positioning of the surveillance camera and of both individuals was not enough evidence to justify a guilty charge to meet the standard of guilt beyond a reasonable doubt.
In turn, Bauer called attention to when the alleged victim initially walked away, with her back facing away from Pimentel, in order to make sure he did not follow her.
After hearing testimony from Gilliam, Elder motioned to strike the Commonwealth’s evidence based on the idea that the inappropriateness of Pimentel’s physical contact could not be proved, and that the physical contact was not made in force, threat or ruse, as Section 8.2-67.4 of the Code of Virginia requires.
Elder argued that his point was supported by her statement that she was not afraid or intimidated. Elder also argued the alleged victim did not make any immediate attempt to leave the hallway after first contact. The video showed the reported victim walking back towards Pimentel and conversing with him a second time.
Bauer responded by telling the jury that the alleged victim was not required to run away and called attention to consent regarding the reported inappropriate physical contact.
Presiding Judge Honorable Kimberley S. White later discussed the evidence and testimony and determined the claimed actions of the defendant were not made with threat, intimidation or force, eventually leading to the reduction of the charge down to battery.
The jury consisted of one man and six women.
The reported victim immediately left the courtroom once it was adjourned.
Pimentel was visibly relieved after the verdict was announced and quietly exchanged congratulations with Elder and members of the coaching staff.
