Charges dismissed against 3 Pack players

Drug charges were dismissed against three N.C.State University football players in Wake County district court today after a judge ruled an off-duty police officer had searched an off-campus apartment without following proper legal procedures, a court official confirmed.

Jake Vermiglio, Markus Kuhn and J.R. Sweezy were charged in April with possession of marijuana and drug paraphernalia, and maintaining a dwelling for the use of controlled substances.

An off-duty Raleigh police officer working security at the College Inn complex on the 2700 block of Western Boulevard reported smelling the strong odor of marijuana from the doorway of a third-floor apartment as he walked the hallway at about 1 a.m., according to a warrant.

Charges were dismissed against Vermiglio, Kuhn and Sweezy. A fourth player, George Bryan, was charged only with maintaining a dwelling for the use of controlled substances in the same case; he has a Sept. 3 court appearance scheduled.

After knocking on the door and meeting the tenants to confirm his observations, the warrant said, investigators seized three plastic bags filled with about six grams of marijuana, a "blunt" cigar stuffed with marijuana, two homemade bongs and other paraphernalia. In court Tuesday morning, defense lawyers for the players argued that the arrests came after an illegal search.

Judge Keith Gregory agreed.

Wolfpack football coach Tom O'Brien said Monday - the day before the court appearance - that all the players will be with the team when it starts practice, and that Sweezy, who had been suspended, is off suspension.

This was the second time in two months that Sweezy had charges against him dismissed. On June 3, misdemeanor charges of assault and larceny were dismissed against Sweezy in Iredell County. Those charges stemmed from a March 18 altercation with a shuttle bus driver in Mooresville.

O'Brien handled their discipline internally, except for Sweezy, who was suspended after the Mooresville incident and missed some of spring practice as a result.

Anne Blythe and Ken Tysiac