Prosecutors have 3 years to file charges against Heytvelt, Davis - Spokane, North Idaho News & Weather KHQ.com

Prosecutors have 3 years to file charges against Heytvelt, Davis

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Heytvelt and Davis were released from Spokane County Jail on their own recognizance Heytvelt and Davis were released from Spokane County Jail on their own recognizance
Head coach Mark Few said he was "shocked and disappointed" to learn that Josh Heytvelt and Theo Davis had been arrested on drug charges Head coach Mark Few said he was "shocked and disappointed" to learn that Josh Heytvelt and Theo Davis had been arrested on drug charges

SPOKANE, Wash. - Prosecutors said Monday they have up to three years to file felony drug charges against Gonzaga basketball players Josh Heytvelt and Theo Davis.  The 72-hour rule applied only if police would have kept the pair jailed.

Heytvelt and Davis will likely appear in court sometime this week, as the judge will review conditions of their release and examine the probable cause documents.

Gonzaga Athletic Director Mike Roth said Heytvelt and Theo were suspended from the school's basketball team for violating team rules.  Head coach Mark Few said he was "shocked and disappointed".

Roth said the university would treat Heytvelt and Davis no differently than any other student.

"We're not making a commitment as to what happens beyond right now until we get all the information," said Roth at a 1:30 p.m. news conference on Saturday. 

He added that Gonzaga has had "very little, if any" experience in dealing with student athletes in legal trouble.

In a written statement released by Gonzaga Saturday afternoon, the president of Gonzaga University, Father Robert Spitzer, said he was "saddened to learn of the allegations against Josh Heytvelt and Theo Davis", and that the school would apply the rules to the players as they would any other student in the same situation.

Few said he had met with the rest of the Gonzaga basketball team on Saturday in its pre-game shoot-around.  It was also made clear at the news conference that he had spoken with both Heytvelt and Davis earlier in the day.


CHENEY, Wash. - Josh Heytvelt and Theo Davis, basketball players for Gonzaga University, have been released from Spokane County Jail on their own recognizance.  The pair was arrested Friday night in Cheney on drug charges and will make their first court appearance on Monday.

The Cheney Police Department said they pulled over a gold 2006 Chevrolet Trailblazer at 1st Street and Simpson Parkway around midnight Friday.  Officers said the SUV had a defective taillight.  Heytvelt was behind the wheel. The Cheney Police Department has not revealed who owned the vehicle, nor have they released the license plate number.

As the traffic stop progressed, police said they smelled marijuana in the vehicle.  Upon further investigation, officers found marijuana as well as hallucinogenic mushrooms.  The amount of marijuana justified a misdemeanor count, while possession of mushrooms is a felony, as they are classified as a schedule one drug, with a high risk for addiction and no medical use.

Heytvelt and Davis were released around 12:20 p.m. Saturday, on their own recognizance. This means no bond or bail was paid. It also means the men must posses no illegal drugs, must show up for court on Monday, and are not allowed to leave the city. Release on recognizance is frequently done for people with no active warrants, that have ties to the community, who are not deemed a flight risk.

The state has until Wednesday to file felony charges in superior court, or else the charges will be dismissed without prejudice. Next would come arraignment which could take 2-3 weeks. The timeline of the case will depend on how long it takes the various parties to negotiate.

Benson says they're looking at the possibility of 0-6 months in jail, but considering the players' backgrounds, he doesn't anticipate them doing any time.

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