Cal Poly’s reigning football MVP went to a fraternity house where an attempted robbery took place last month, his attorney said Monday, but he bailed before the crime occurred.
“There’s no discrepancy that he was at the scene that night,” said Jacob Glucksman, an attorney representing Kristaan Ivory, adding, “He never stepped foot inside the fraternity house.”
Ivory, 20, of Los Angeles, and four teammates are charged with numerous felonies in connection with the armed robbery attempt that allegedly occurred at the Delta Sigma Phi fraternity house Aug. 10. Also charged are Cameron Akins, 19, of Monrovia; Cortland Fort, 20, of Fontana; Dominique Love, 19, of Poway; and Jake Brito, 18, of Cypress.
On Monday, all defendants except for Love entered not guilty pleas during their arraignment in San Luis Obispo Superior Court. Love is still seeking to hire an attorney.
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Although law enforcement has not disclosed a motive, the complaint charges that Akins brandished a gun during the robbery attempt and demanded money and drugs from residents of the house.
In a separate incident earlier this month, former fraternity president Gear McMillan, 22, of San Luis Obispo, was arrested on suspicion of possessing marijuana for sale.
Glucksman challenged the complaint in a motion filed Sept. 8, saying the charges against his client are too vague and that there is not enough evidence to charge Ivory with several of the alleged counts. A conspiracy charge, for instance, was based on the fact that Ivory left his wallet and cell phone in a rented Kia Optima driven by defendant Fort.
“That’s it,” Glucksman wrote. “There is no explanation or even logical inference that can be made as to how leaving a wallet and cell phone in a rental car has anything to do with the furtherance of a conspiracy to commit home invasion robbery, residential burglary or even grand theft. Nothing is alleged that Mr. Ivory assisted and/or facilitated or aided and abetted the crime in any manner whatsoever.”
Police reports in the case have not been made public. A response filed by the District Attorney’s Office on Sept. 11, however, alleges the wallet is sufficient to suggest Ivory knew what was happening when he rode in the Kia.
“Defendant’s feigned confusion regarding the significance of those acts is illustrated by his rather candid admission to law enforcement that he arrived at the location of the robbery in the Kia Optima and had left his cell phone and wallet in the vehicle so he would not ‘leave them’ at the scene of the robbery,” wrote deputy district attorney Eric Dobroth. “The act of leaving these items in the getaway vehicle clearly facilitated and advanced the goal of the conspiracy.”
Glucksman asked for several counts to be dismissed, but Superior Court Judge Hugh Mullin denied the motion.
While five football players rode to the scene, Glucksman said, two of them — including his client — left before the alleged crime took place.
An attorney for defendant Brito has joined Glucksman’s motion.
The defendants are due back in court for a pre-preliminary hearing Oct. 1.
While all five players were expected to play a role in Cal Poly’s season this year, Ivory was the most high profile. A running back who ran for more than 1,100 yards and six touchdowns last season, he was just 38 yards from entering Cal Poly’s top-10 list for all-time rushing yardage.
Ivory and the others are missing the current football season, Glucksman said, but Ivory is most concerned about starting school on time.
“He’s a great student,” Glucksman said.
Despite being charged with multiple felonies, Glucksman said, Ivory — a senior who plans to attend graduate school — is currently working with the university to begin classes next week.
“He realizes what’s most important to him is his education,” Glucksman said.