‘Forcible touching’ dropped but De Goey still facing assault charge

A charge of “forcible touching” against troubled Collingwood star Jordan De Goey has been dropped, but New York prosecutors are still pursuing a charge of assault against him.

As De Goey was warned he may never be allowed to return to the United States, prosecutors revealed on Tuesday (AEDT) they would not pursue a charge of “forcible touching” of the “outside of clothing without permission or authority” of a 35-year-old woman at a Chelsea nightclub. That charge carried a maximum one-year jail term.

Jordan De Goey leaves a New York court on Sunday.Credit: Nine News

However, De Goey has still been charged with assault and harassment, having allegedly attacked a 37-year-old man who came to the woman’s aid. The NYPD said De Goey had allegedly “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, 25, is still due to appear in court on December 8. If found guilty, he could do jail time. He has pleaded not guilty to the charge.

De Goey’s manager Ryan Vague has referred all questions to his client’s lawyer, Jacob Kaplan, of powerful New York legal firm Brafman & Associates.

The law firm has represented accused mafia members, political figures and, in 2018, was engaged by movie mogul Harvey Weinstein when he was charged with rape.

The firm has also represented rapper Jay-Z, Sean “P Diddy” Combs and NFL star Plaxico Burress.

Vague has said De Goey, who has been stood down indefinitely by Collingwood and whose AFL future is in doubt, will release a statement in the coming days.

Leading Melbourne lawyer David Galbally AM QC said if jail seemed probable, he expected Kaplan would push for a plea deal to avoid it. However, De Goey would have to plead guilty, which he, so far, has not done.

“They are serious offences. They are serious offences here, and they will be serious offences over there. Kicking is a very serious offence here and would be regarded as a very serious offence there because you are kicking somebody when they are down and defenceless,” Galbally said.

“Both of those offences will carry jail sentences as possible outcomes and it’s not beyond an American court to give him time in jail. He would need extreme extenuating circumstances not to get a custodial sentence, if you are found guilty.”

Galbally said any potential plea deal between prosecutors and his lawyers could involve De Goey agreeing to never return to the US.

“If they can do a plea bargain, they will do it. If they can do a plea bargain that can involve him not serving any time, which they would want to do, and get him out of there, they would do that,” he said.

“That would be what any half decent lawyer would be trying to work out - how can we get him out of here without any jail time? He would be told he would never come back (to the US). The Americans could enforce it, they can stop any person coming into the country. That won’t be difficult to enforce. He won’t get back in there again anyway, I wouldn’t have thought.”

Galbally, a former Collingwood board member, said De Goey was facing a “massive” financial bill for his legal representation. The Magpies have said they are not contributing to his case. They also refused to provide financial help in an earlier indecent case involving De Goey which was withdrawn in August.

De Goey’s friend, tattoo artist Luke Dyson, had also been charged with “forcible touching” of a woman, and of assault. Dyson uploaded an Instagram story video on Monday involving a helicopter ride over Manhattan.

De Goey had been granted a special exemption and gone to California to train at a specialist academy as part of his Monster Energy contract in a bid to return to training next month in prime condition. However, the indefinite suspension and the need to reappear in court means he won’t be on hand when senior teammates - already questioning why De Goey has found himself involved in another serious incident - gather on December 6.

Off-contract next season when he will be a free agent, De Goey was anticipating a multi-million dollar pay day, either from the Magpies or a rival suitor. But that is now at risk regardless of what transpires before the courts. The AFL’s integrity department is investigating, and he could yet face a charge of bringing the game into disrepute.

The Magpies, undergoing a cultural refresh with a revamped board, must also determine whether they want to welcome him back, as De Goey has been a serial off-field offender, including for drink driving offences.

Geelong great Jimmy Bartel says De Goey must decide whether football is a “priority” in his life. He said De Goey’s talent was “unfilled” and he was only a “good player”. De Goey has played 118 senior matches since he was taken with the No.5 pick in the 2014 national draft.

In August, he was fined $2075 after pleading guilty to road offences, including speeding while driving a sports car when he was a P-plater and sending text messages when stationary at traffic lights.

In 2018, De Goey was caught drink-driving while on his P-plates and fined $10,000 and suspended by Collingwood. That incident came a year after he was suspended by his club for lying about how he suffered a broken hand in a bar fight in St Kilda.

Keep up to date with the best AFL coverage in the country. Sign up for the Real Footy newsletter.