Emporia State football player found not guilty on drug charges
By Jesse Newell
Thursday, August 24, 2006
Emporia, Kans. — Debra Durham stood outside the courtroom, preaching the good news on her cell phone to all who would listen.
She had just proclaimed the same message inside the courtroom, seconds after her son, Junis McDowell, had been found not guilty of drug charges.
McDowell wept, and Durham shouted the only three words she could think of.
“Thank you, Jesus.”
“God did it. Nobody else did it,” Durham said after the verdict. “Give him all the praise and glory.”
After five hours of jury deliberation, McDowell — a football player at Emporia State — was found not guilty of sale or possession of drugs with intent to sell within 1,000 feet of a school and possession of drug paraphernalia.
The verdict ended a three-day trial that began with jury selection on Monday.
“I don’t know what would feel better — knowing right away or five hours later,” McDowell’s attorney, Frederick L. Meier II, said. “It’s incredible right now.”
McDowell was still being held in jail Wednesday night by the Kansas Department of Corrections because of potential parole violations. He was placed on parole Aug. 17, 2004, after serving five years and seven months in prison after being convicted of kidnapping and aggravated robbery of a McDonald’s restaurant and a juvenile forgery case.
Meier said that McDowell would most likely be released by the supervisor today.
According to the affidavit, the drug charges in Lyon County District Court stemmed from a February investigation in which Emporia police used two cooperating individuals to purchase drugs at 1106 Mechanic St. The two claimed they had purchased drugs from a man nicknamed “June Bug,” and later selected McDowell out of a photo lineup.
In court, McDowell said he was not even in the house on the date of the sale. He took the stand on his own behalf on Wednesday, a decision Meier said was all McDowell’s.
“He wanted the jury to know from him,” Meier said, “that he didn’t do it.”
Three hours into deliberations, the jury found itself in a deadlock — with 10 members on one side and two the other.
The group announced its verdict two hours later.
“We knew he didn’t do it,” Durham said. “We just had to go through the justice system, and God prevailed.”
Durham said the immediate plan for McDowell — given he is released from his parole — would be to enroll in classes at ESU.
His status with the football team is still undecided.
ESU football coach Dave Wiemers put McDowell on a “suspension-type mode” after the charges were brought against him.
Now that he has been found not guilty of all charges, the coach said his standing would be re-evaluated.
“Once he gets out, we’ll sit down — (athletic director Kent) Weiser and myself — and see if something potentially can work out,” Wiemers said. “Right now, it’s up in the air.”
Wiemers said Wednesday night he had not yet spoken with Weiser on the topic but that he didn’t think it would take too long before they discussed the situation.
The two have taken a chance on McDowell once before. The Hornets signed him in 2004 after he was paroled. He had a long meeting with Wiemers and also composed a hand-written letter before being accepted onto ESU’s roster.
A defensive end, McDowell redshirted in 2004, then compiled 21 tackles and five tackles for loss last season.
Durham said she envisioned her son succeeding in both college and football once again.
“God has a calling on his life,” Durham said, “and he’s going to do what God wants him to do.”