Hot-tub assault suspect to get alcohol treatment

The ambush came as four teenagers relaxed one summer night in a hot tub outside a Medford home.

Police allege that Andre Hutchinson, a captain of the Shawnee High School football team, and two others arrived and began punching and attacking them. Hutchinson, Mark Manco, and Shane Ferris were arrested within days of the July 22 incident and charged with assault.

Now the charges against the trio - all adults at the time - could be dismissed under a New Jersey law that allows defendants in certain cases to receive treatment for alcohol abuse in lieu of prosecution.

A Medford municipal judge last week decided to stay the charges against Hutchinson, 18, after receiving a medical evaluation showing the high school senior met the program's criteria. The law states that to be eligible, a defendant must be examined by a physician and found to be "an alcoholic who would benefit by treatment."

While set to participate in a months-long treatment program, Hutchinson continues to play football for Shawnee, one of the area's top teams.

School officials said they could not discuss an individual student due to confidentiality laws. They acknowledged that while athletes are prohibited from using alcohol in-season, such policies don't apply beyond that term.

"If a student gets in trouble out of their season, we don't have a policy . . . and the same holds true for the summertime," said Shawnee principal Matthew Campbell.

Gary Daniels, Hutchinson's attorney, declined to comment, noting the pending case.

Judge Alfred Faxon's position drew a stern rebuke in court from prosecutor George Morris, who described approval of the stay as a "farce on the justice system."

Those arrested for a disorderly-persons offense or violating a municipal ordinance, and not also charged with a misdemeanor, can have their charges put on hold under the Alcohol Treatment and Rehabilitation Act if the arresting officer believes they are intoxicated.

The law states the defendant can then request an examination by a physician to determine whether he has an alcohol problem and would be helped by treatment. Once that determination is made, and the court grants approval, the defendant enrolls in treatment. The court dismisses the charges after the defendant successfully completes the program.

Morris argued in court that there was no evidence to show Hutchinson had been intoxicated at the time of the incident, for which he was arrested 11/2 days later. A case report says the assault was not related to alcohol.