Collingwood star Jordan De Goey arrested after alleged US assault
One of the serious charges levelled at Jordan De Goey in the US has been dropped by police, but he still faces serious assault allegations that could land him in jail. LATEST
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Collingwood free agent Jordan De Goey has raised hopes he might still save his AFL career with the Pies after a “forcible touching” charge was dropped by New York police.
But De Goey still faces serious assault and harassment charges after a nightclub scuffle that will require him to appear in a New York court on December 8.
The 25-year-old will remain stood down by Collingwood, given the severity of his assault charge, but, if he can downgrade that offence, he might be able to remain at the club with only an internal suspension.
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The AFL’s stance in endorsing Collingwood’s decision is also unchanged, given the assault charges.
Police had alleged De Goey touched “private areas outside the clothing without permission or authority” of a 35-year-old woman.
Any charge that was upheld would have seen De Goey convicted of a sex crime that would have made it almost impossible for Collingwood to retain the bad boy after a string of controversies across his seven-season career.
He will now be hoping he can downgrade or accept a lesser plea for the assault and harassment charge that still carries a maximum one-year jail sentence.
But Collingwood could still choose to part company with De Goey over his conduct and the reputational damage to the club after he turned a sponsored training trip with Monster energy drink into a New York jaunt and nightclub stoush.
The NYPD charge sheet stated De Goey “punched with a closed fist and kicked a 37-year-old male causing pain and swelling. Continued to punch and kick victim while victim was on floor with a co-defendant”.
De Goey’s manager Ryan Vague on Tuesday referred the Herald Sun to his New York lawyer Jacob Kaplan.
De Goey was expected to fly to Los Angeles early in the week to be with friends who had helped orchestrate his training trip at the elite W Training Facility in southern California.
Collingwood had played no part in that trip, with De Goey given a special exemption after being sponsored for his international trip by Monster.
De Goey and Dyson were drinking and dancing when they approached the woman on the dancefloor.
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When a 37-year-old male friend of the woman attempted to push the Aussie pair away he was allegedly punched “with a closed fist” and kicked by the AFL player.
De Goey’s friend, tattoo artist Luke Dyson, also allegedly assaulted the man with a glass to the face.
De Goey is only required to check in once a week via phone as part of his bail conditions, but it is not known if he has permission to fly home to Melbourne before his December 8 court date.
Melbourne sports lawyer Paul Horvath said this week the American legal system leant heavily on plea bargains that could reduce sentences.
He said financial settlements that satisfied the victim were also commonplace, despite being extremely rare in Australia.
“If you negotiate a substantial financial settlement with an alleged victim, unlike in Australia, there can be a basis for the withdrawal of charges,” Horvath said.
“That can result in a plea deal that will get the blessing of American police.”
Collingwood has suspended De Goey indefinitely and will play no part in paying what will be substantial legal costs.
When De Goey’s indecent assault charges were dropped from a 2015 incident in August this year, police paid his $15,000 costs after withdrawing those charges.
How De Goey could still be sacked even if he walks free
Collingwood would have grounds to sack Jordan De Goey if forcible touching and assault charges were upheld by a New York court, one of Australia’s leading sports lawyers says.
But if De Goey had his charges overturned or dropped the Pies might have to broker a costly payout on his $750,000 contract if they wanted to move on the troubled midfielder.
A furious Collingwood has washed its hands of De Goey for the time being as he sorts out his own representation, having stood him down and barred him from training with the club.
De Goey has retained law firm Brafman and Associates, whose founder Benjamin Brafman represented both Hollywood sex offender Harvey Weinstein and rapper P Diddy.
Brafman’s defence of P Diddy made him notorious after the rapper dodged weapons charges in a 1999 nightclub brawl despite dozens of witnesses.
De Goey’s manager, Ryan Vague, told the Herald Sun on Monday his client would make a statement in coming days as he attempted to get back to Melbourne before his December 8 court appearance.
If De Goey was found guilty of forcible touching and assault the Pies would likely sack him and would only have to pay out several months of his 2022 contract.
There is a recent precedent with Sydney’s Elijah Taylor sacked by the club and banned from the entire 2021 season by the AFL after he was convicted of assaulting his ex-girlfriend in a Perth hotel room in September 2020.
Sports lawyer Paul Horvath, who has represented swimmer Shayna Jack and Essendon’s Mark Thompson through the Essendon saga, said, if charges were proved, Collingwood could sack De Goey.
But, if he came to a negotiated settlement with a New York Court or plead guilty to a lesser charge, it would be hard — but not impossible — to terminate him.
“I practice in sports law as well as employment law and if a person is guilty of serious misconduct it’s generally the basis to terminate a contract,” Horvath told the Herald Sun.
“So, if you act in such a way that fundamentally undermines the relationship and the trust you have with an employer, that’s a basis to terminate.
“Even if you are found not guilty, there can be sufficient basis for termination. Just because you beat criminal charges, the standard in a criminal case is beyond reasonable doubt, but the standard for employment termination is the balance of probability. So there is still a lot the club can do even if it doesn’t get to the standard of criminal charges.”
Horvath said Collingwood’s sponsors, which stayed with the club through the fallout of the Do Better report, would also be skittish.
“In most commercial contracts clubs would have with a sponsor there would be a disrepute clause so if a player brings a club into disrepute that can be the basis for termination of a commercial agreement. So there is a strong commercial interest from the club and it adds to the question of serious misconduct and its consequences for Collingwood.”
Sydney sacked 19-year-old Taylor two months after his aggravated assault cage after talks with the AFL and player union.
Leading sports lawyer Justin Quill said yesterday it was still possible De Goey’s charges could be reduced under a plea deal or dropped in coming weeks under one scenario.
Key sponsor Puma refused to comment on the latest developments.
The AFL remains steadfast that it will continue to deal with cases of violence against women on a case-by-case basis rather than a no-fault stand-down rule.
Neither De Goey’s current case or his previous indecent assault charge _ which was dropped by police this year – would have hit the 10-year maximum sentence that would have seen him stood down under an NRL policy.
Collingwood’s quick decision to stand down De Goey with the AFL’s endorsement illustrates that the league is determined to make clear its position on alleged violence against women.
Ex-North Melbourne player Majak Daw was charged by police in June 2014 with rape and allowed to play on until he was found not guilty in December 2015.
But with rape charges commanding a maximum sentence of 25 years a player in that situation would now almost certainly be stood down.
Details of De Goey’s alleged assault emerge
Collingwood star Jordan De Goey faces a fight for his AFL career after being stood down by the Magpies facing serious assault charges in an American court.
De Goey was released to appear again on December 8 late on Saturday night New York time in the latest disastrous turn in his AFL career.
The New York Police Department alleged in a statement De Goey “grabbed buttocks and vagina outside clothing without permission or authority to do so of a 35-year-old female”.
He allegedly “punched with a closed fist and kicked a 37-year-old male causing pain and swelling” and “continued to punch and kick victim while victim was on floor with a co-defendant”.
The Pies said in a statement they were deeply disappointed by De Goey’s actions of the past 48 hours.
“Collingwood today stood Jordan De Goey down from its AFL program indefinitely,” the club said.
“The club will continue to pay De Goey under the terms of his contract until such time as an outcome to proceedings against him in the United States is reached or a more complete account of events is established.
“In the interim, De Goey will not be permitted to train or play with Collingwood or make use of club resources, staff or facilities.
“Collingwood is deeply disappointed by reports and events of the last 48 hours involving De Goey in the US. Given the circumstances, the club believes it is appropriate to remove him from the AFL program.
“Collingwood has been in contact with De Goey and his management today and has explained to both its decision.”
Late on Sunday the AFL backed Collingwood’s response.
“The AFL endorses the Collingwood Football Club’s decision to stand down player Jordan De Goey after he was arrested and charged overnight in New York,” the league said.
“Collingwood has kept the AFL informed over the course of the day and the AFL’s Integrity Team will continue to work with the club in regard to the incident.”
Leading lawyer David Galbally said on Sunday the Pies would have grounds to sack De Goey if he was convicted.
Even if De Goey accepted up to six years of probation for the forcible touching charge – which carries a maximum penalty of one year in jail – it would be categorised as a sex crime.
The simple assault charge also carries a one-year maximum jail sentence – or a three-year probation period – but a more serious assault charge could lead to a significantly longer jail term.
De Goey was in the US to work on his fitness as part of a promotional tour for Monster Energy drink when he was involved in the incident.
The AFL and Collingwood could judge that De Goey has brought the game into disrepute or the Pies could consider whether he has breached the terms of his contract.
The club would likely defer any decision on whether they have grounds to terminate De Goey’s contract until a full resolution of his legal issues.
De Goey appeared in a dressing gown – his Halloween costume – in a Manhattan court and must check in once per week as part of his bail conditions before appearing again on December 8.
Collingwood’s senior players are due back at pre-season on December 6. De Goey had plans to fly in via Sydney when he left for California for a fitness camp.
Justin Quill, a partner at major law firm Thomson Geer, said US authorities would look extremely dimly on any assault charges.
“The US justice system is renowned as being particularly severe in its sentencing,” he told the Herald Sun.
“So he will no doubt be very nervous. Mindful that he will have pre-season training starting soon, that might factor into the decision-making about whether or not he pleads guilty. If he pleads guilty the case will be over far quicker. The severity of any sentence aside, he will find it very difficult to get back into the United States.”
De Goey and Dyson were partying at the PHD Rooftop Lounge at the Dream Hotel in Chelsea at 2.20am when the pair approached a woman on the dancefloor.
It is alleged the pair groped the woman, with a 37-year-old person linked to the female offended at the nature of their conduct.
When the 37-year-old attempted to push De Goey away, his friend Dyson is alleged to have struck him in the face with a glass bottle, splitting his lip.
Police allege De Goey and Dyson were then involved in a physical exchange with the man before returning to the bar.
The woman called emergency line 911 and the pair was taken into custody and charged with forcible touching and assault.
Regardless of whether the charges are upheld the Pies will be furious that under new coach Craig McRae’s watch they were not immediately notified of De Goey’s incident after he spent the night in New York lockup.
The AFL does not have a no-fault stand-down policy but assesses each case on an individual basis.
The NRL does have a no-fault stand-down clause which means players charged with serious criminal offences cannot play again until the matter is dealt with by courts.
Despite playing under a cloud of the 2018 assault charges this year De Goey enjoyed the finest season of his career.
He had apologised in writing to the woman involved in the 2018 incident over his language used during the incident at the Harp Of Erin in Kew.
Charges were subsequently filed but were dropped this year, with the court ordered to pay De Goey’s $15,000 legal charges.
He was determined to put together a massive pre-season kickstarted by his off-season of training in America ahead of a contract year where he will hope to sign a long-term deal of up to five years at $5m.
But instead Collingwood’s controversy magnet is again under scrutiny.
In 2017 De Goey broke his hand in a fight at a nightspot but instead said he sustained the injury playing with his dog.
When the lie was exposed the club fined him $5000 and suspended him for three weeks.
He has also been involved in a string of driving incidents that include speeding while driving a sports car as a P plater and drink-driving while on his P plates.
De Goey has appointed his brother-in-law, Ryan Vague, a Melbourne firefighter, to work through his latest contract negotiations as he hits free agency.
But despite De Goey being actively shopped to rival clubs, when he came out of contract in his most recent negotiations they were not interested in pursuing him given his long list of incidents.
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