I-Team: Former Atlantic County Assistant Prosecutor Weighs In On Ray Rice Decision
By Charlotte Huffman
PHILADELPHIA (CBS) -- Questions remain about why the Atlantic County Prosecutor's Office admitted NFL star running back Ray Rice to a first offender program despite video evidence showing a violent assault against on his now-wife.
The video, which was released by TMZ, shows Rice and his wife entering the elevator engaged in some sort of disagreement. Shortly after getting on the elevator, Janay Rice lunged at Ray Rice, who swung with his left hand, knocking her to the ground. On the way down, Janay Rice appears to hit a railing inside the elevator.
When the elevator comes to a stop, Ray Rice is shown attempting to drag his limp wife out of the elevator.
The incident happened in February at the now-closed Revel Casino and Hotel in Atlantic City.
Rice was indicted on 3rd degree aggravated assault charges but never served jail time.
Instead he was accepted into a PTI (pre-trial intervention) program in early May, a decision made by acting county prosecutor, Jim McClain.
PTI is New Jersey's version of a first offender program. Typically, the six to twelve month involves counseling for the behavior that led to the incident, such as anger management or domestic violence counseling.
Upon completion of the program, Rice's criminal charges will be dismissed and his arrest record will be expunged.
The fact that McClain had the violent video and still made the decision to accept Rice into the PTI program has sparked outrage.
"I am outraged! I don't condone violence towards women. I think it's ridiculous," said Tameka Hampton.
"As a human being whether you're a man or woman you should be appalled by that decision," said Amelia Francis.
McClain's office denied interview requests. When asked for a written comment, a spokesman with the Atlantic County Prosecutor's Office referred CBS3 to previous comments made in a press release earlier this year in which McClain said he carefully considered all the facts when making the decision.
Former Atlantic County assistant prosecutor and criminal defense attorney John Tumelty worked with McClain for years and says he believes McClain's decision was "by the book."
Tumelty says offenders with first and second degree charges are not eligible for the PTI program but Rice's third degree charge left the door open for him to apply to PTI.
"What the public doesn't know is all the mitigating factors in Ray Rice's favor that the prosecutor was also required to consider … not only the bad facts that appear on that video tape inside the elevator but also all the good factors that Ray Rice has going in his life, all the mitigating factors," said Tumelty.
Tumelty says a prosecutor is required by law to consider all of the evidence and a list of mitigating factors which include; the offender's background, criminal history, employment status, history of community service and the victim's wishes.
"In upholding the PTI guidelines the county prosecutor has to give certain weight to the victim's feelings about whether they should let him into PTI or not," explained Tumelty.
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