Sean Busby '01, who was arrested Friday, April 30 for allegedly assaulting two male students in South Fayerweather residence hall, waived his probable cause hearing Monday and may soon face more charges according to police officials.
"It's the state's contention that we are going to be bringing other charges," Hanover Police Department Captain Christopher O'Connor said. "We are finished presenting warrants for two simple assault charges which could be tried in the" local courts.
Busby was charged on April 30 with second degree assault, which is a class B felony, according to Lebanon District Court Clerk Sandra O'Connor. She said Busby's attorney, Charlie Buttrey, waived the probable cause hearing Monday.
The case is now being transferred to the Grafton County Court. Bail will remain at $2,000, the amount Busby's father paid to facilitate his release last week.
Captain O'Connor said the case will now be sent to the county attorney's office to be presented to the grand jury. If the grand jury indicts Busby on the felony charge, he may face a trial and maximum penalties of $4,000 and up to seven years in prison if convicted.
Captain O'Connor added there is no minimum penalty for someone convicted of the felony charge.
Aside from the felony assault charge, Busby may also face charges for the alleged assaults of the second student and a nurse at the Dartmouth-Hitchcock Medical Center, where Busby was taken by police once he had been taken into custody, according to Captain O'Connor.
"There may also be another charge for possession of a controlled substance," Captain O'Connor said.
If the grand jury indicts him on the felony count, he will face a new arraignment in superior court, according to Captain O'Connor. Captain O'Connor said the indictment hearing will likely be presented by the detectives division, so neither the victims nor the accused will be called to testify.
If Busby is charged with misdemeanor assault or possession of a controlled substance, he will face a similar process in a different court.
A student with knowledge of Busby's whereabouts said he returned home to Louisiana, and will remain there on medical leave from the College.
Acting Dean of the College Dan Nelson would not comment on Busby's case, and would not say whether he remains at the College.
"In all cases, students are responsible for Dartmouth College standards," Nelson said.
Nelson would not comment on whether the Committee on Standards would discuss Busby's case or on possible outcomes of such a hearing.
Busby's attorney did not return several telephone messages about his client's legal options with the State of New Hampshire and with the College. Busby and his family could also not be reached for comment.
Busby allegedly attacked two Dartmouth students on the Morning of April 30 - allegedly choking one student until he was nearly unconscious and punching the other in the face.
Both students who were allegedly attacked wished to remain unnamed. The student who was allegedly choked told The Dartmouth he was treated at Dartmouth-Hitchcock Medical Center and released the same day.
He said all of the capillaries in his faces and eyes burst as a result of his being choked so forcefully. He also said he suffered mild trauma to his neck and throat.
In a statement which he sent to The Dartmouth via BlitzMail, the student said he was awakened at 10:30 a.m. by Busby, who wanted him to try hallucinogenic mushrooms.
The student said he refused, and Busby began to choke him in order to force him to consume the mushrooms.
When the student was nearly blacked out, he said Busby let go of him to feed him the mushrooms. The student said he punched Busby, and then escaped from the room.
Later, Busby allegedly punched a student in the room the first student had fled to.
Finally, Busby allegedly attacked a nurse who was treating him at DHMC, according to Captain O'Connor.
No date has been set for a grand jury hearing on the felony assault charge, nor has any decision been made on the charges of misdemeanor assault or possession of a controlled substance, Captain O'Connor said.
