UC Berkeley sophomore and Cal football player Damariay Drew was charged Monday with felony assault after allegedly breaking the jaw of another student at a recent fundraiser on fraternity house property.
Drew, a safety on the team, was charged with committing an “assault with force likely to produce great bodily injury.” The charge also carries an enhancement for causing great bodily injury to fellow UC Berkeley student Matthew Lavine-Edwards. According to an affidavit, the incident occurred after Drew allegedly kicked Lavine-Edwards’s dog, a 20-pound Jack Russell terrier mix, which Drew said bit him.
Berkeley Police Department Sgt. Peter Hong wrote in the affidavit that the alleged assault took place on May 4 at 2722 Bancroft Way — the location of the Sigma Alpha Epsilon fraternity house. In a Sunday afternoon fundraising event, Hong wrote, Lavine-Edwards and Drew “exchanged words” after the alleged incident involving the dog.
Drew then threatened Lavine-Edwards, saying, “I’m going to fuck you up,” before punching him at least three times and breaking his jaw, Hong wrote. The affidavit said he will likely need reconstructive surgery.
Darryl Stallworth, Drew’s attorney, said he is currently waiting to receive more information on the case and to review the police department’s investigation.
“(Drew) is a good kid, working hard to get where he is,” Stallworth said. “A guy doesn’t just walk into a frat house, kick a dog and punch somebody out. You can imagine there was some provocation involved.”
Police were notified of the incident Tuesday. Two witnesses identified Drew as the suspect, Hong wrote, and “independently provided an account of the incident consistent with the victim.”
Drew, 20, was arrested Thursday and was being held in the Berkeley jail on $100,000 bail. He was released after posting bail Saturday, Stallworth said.
His arraignment, originally scheduled for Monday, was rescheduled for Friday at 2 p.m. at the Wiley W. Manuel Courthouse in Oakland.
Drew, who is from Livermore, played in 12 games for the Bears and started in three. He made 52 tackles last season during his redshirt freshman year.
A spokesperson for Cal Athletics wrote in a statement Friday that Drew was suspended from the team “pending further information.”