WESTFIELD – Two men accused of viciously beating a Westfield State University student before classes even began for the fall semester were back in Westfield District Court on Wednesday.
Ryan S. Willis, 21, of Westfield, is charged with armed assault in a dwelling and assault and battery with serious bodily injury (accomplice) and Keva M. Clay, Jr., 21, of Wethersfield, Connecticut, is charged with assault and battery with serious bodily injury and armed assault in a dwelling.
The victim’s girlfriend, who spoke to The Westfield News on the condition of anonymity, said her boyfriend was left with a “broken face.”
According to Westfield Police, the victim suffered a fractured orbital socket and the loss of several teeth as a result of the assault.
At Wednesday’s hearing, Clay’s attorney, Chris Parker, asked for a continuance to December 18 after handing the prosecution additional discovery.
Attorney Gary Beekmann told Judge Philip A. Contant that he had expected “to have the case resolved today,” so Beekmann asked Contant to allow his client to leave the state.
Contant revoked the pretrial condition regarding travel for both defendants.
The defendants have been free since being released on $500 personal surety each at their September 1 arraignments.
At around 12:30 a.m. September 1, police were called to 14 Franklin Street by the victim’s girlfriend, who reported a fight.
The victim’s girlfriend, who is a junior at WSU, recounted the night in this way for The Westfield News:
“I saw my ex boyfriend, Ryan Willis, who had threatened he was going to hurt Matt purely out of jealousy. I ran upstairs to tell Matt. Matt went downstairs to tell him to leave and he refused and then KJ [Clay] went after Matt. My two best friends saw everything but I was too afraid to see it all happen so I stayed upstairs and called the police when I heard Matt being attacked.”
One female witness told police that she had tried to get Willis, who had arrived with two friends, one identified as Clay, to leave because he wasn’t allowed at 14 Franklin Street.
The victim told police that Willis pulled out a knife, but after some joking around, put the knife away, according to Westfield Police Officer Melissa Burns’ report. Allegedly, he brandished the knife again later before leaving.
Outside the courtroom on Wednesday, Clay said, “there was no knife! No knife was found!”
Willis’ mother said, “You should get your facts straight before writing a story!”
“If told by a participant at a call that a knife was shown, and the witness identifies him/herself, then automatic veracity is attached to that for a determination of probable cause,” Westfield Police Capt. Michael McCabe said in an interview Wednesday. “If the person is not arrested on scene, then there is a staleness problem.”
McCabe said that these defendants were not arrested at the scene, but were apprehended at approximately 2 a.m., an hour and a half after the call.
Clay said that last month WSU’s conduct board found him “not responsible” for the assault since the victim’s statement to the school didn’t match the statement the victim gave to the Westfield police.
McCabe said WSU did not invite a police officer to testify at the university hearing.
Susan LaMontagne, WSU’s dean of students, said in a phone interview Wednesday that 99 percent of the time in these matters, “we stay out of their (Westfield police) realm and they stay out of our realm,” meaning the judicial process is separate from the academic process.
LaMontagne said she wasn’t allowed to speak specifically about this case, but that hearings are held before a board consisting of a combination of students, faculty and staff. The accused is allowed to have a “support person” (Clay said his attorney was present), the victims are present and all evidence, including police reports, are reviewed.
Decisions are reached based on agreement of four out of five for a five-member board or three out of four for a four-member board. These are not public hearings.
The victim’s girlfriend, said, “we felt that what happened to [her boyfriend] was not taken seriously by the university’s board. They let a guilty man take advantage of their system and left us without justice. Fortunately for Mr. Clay this was a first offense so he will go on with his life with a minor record, however, the choices we make live with us like ghosts. Mr. Clay hurt an innocent person in his own house, not only an innocent person but a person loved by many people.”
Clay said he is not denying he was there on September 1 but stated he was an invited guest at a party, there was no knife and that he did not assault the vicim in any way.
McCabe and the victim deny that Clay was an invited guest.
“I don’t know how the victim got his injuries,” Clay said.
Clay admits that when he was arrested he had wounds on his hand, bruises to the back of his head and blood on his shorts, but said these injuries came from him being assaulted.
Clay is due to graduate from Westfield State next month with a degree in business marketing.
Willis, who was a junior at WSU at the time of the assault, has withdrawn from the university. Willis said Wednesday his withdrawing was unrelated to these charges. Willis didn’t want to comment further about the case.
WSU Spokeswoman Molly Watson said she couldn’t provide a date for when Willis withdrew.
The victim, also a junior, prepared this statement for the The Westfield News: “This has caused me, my friends and family a lot of distress this school year. . . . I’m just focusing on rugby and school work right now. I just want the incident to be behind me.”
Staff Writer Christine Charnosky can be reached at [email protected]
