University police confirmed that former Binghamton University Bearcat Derrick “D.J.” Rivera accepted a plea bargain Monday after being accused of using a stolen debit card.
The Broome County District Attorney’s office notified University police yesterday that an agreement had been reached with the former BU basketball player, said Deputy Chief Matthew C. Rossie of Binghamton’s New York State University Police.
Earlier in the day, Rivera pleaded guilty to a felony count of fourth-degree criminal possession of stolen property at a hearing in Broome County Court, according to a report in the Press & Sun-Bulletin.
Rivera had been charged with two felony counts of criminal possession of stolen property, a fourth-degree grand larceny felony and a misdemeanor petit larceny charge and could have faced up to 13 years in prison if brought to trial.
The specifics of the deal have not been revealed, and Broome County District Attorney Gerald Mollen did not return a call Monday evening.
On Sept. 14, 2009, BU student Ziena Antonios reported that her debit card had been stolen and used illegally.
One day later, Rivera admitted to using a stolen debit card, when he spoke to BU police voluntarily at the station’s loading dock with a teammate who had been summoned for questioning.
According to Rossie, Rivera admitted to having taken the card when he was asked why he was at the station. Rivera also told Rossie that he had enough money to repay the victim in cash.
Three days later, during an hour-long interview set up by Rivera’s attorney, Mark Rappaport, Rivera admitted to finding the card and using it to spend nearly $700 at Manley’s Mighty Mart and Walmart.
He said he had felt guilty the next morning and had thrown hundreds of dollars in clothing away.
At a hearing held on Jan. 13, 2011, Rappaport argued that Rivera’s statements should be inadmissible as evidence because he and his client were not aware that the interview was being taped and the conversation had been held without Rivera knowing his rights.
However, Broome County Judge Martin Smith decided the statements would be admissible at trial.
“There was no need to Mirandize him when he was out on the dock,” Rossie said. “You don’t have to Mirandize if they are not in custody or being interrogated.”