By Linda Wilkins
A Bill of Indictment was filed Monday stating that Elliott was indicted for two counts of sexual assault involving a single victim. Jason Darling, Elliott’s attorney, said Elliot was also indicted on a count of sexual assault involving a different victim in November 2009, but not arrested in connection with the incident. The indictment record relating to this incident is sealed to the public.
An indictment is a formal charge against the defendant which brings a case to trial.
The two counts of sexual assault stem from an incident that occurred April 15. Following the incident, which occurred at a party held in the Aspen Heights Apartments, the victim was taken to Hillcrest Baptist Medical Center.
Waco Police Department Sergeant W. Patrick Swanton said Waco police officers arrested Elliott on April 30 at his apartment after obtaining an arrest warrant. The Baylor Police Department was also present at the arrest because Elliott’s apartment was in the Baylor area. Elliott was a Baylor student at the time of his arrest.
On April 30, after being taken to the McLennan County jail and charged, Elliott was released on a $10,000 bond.
Darling said Elliott is currently not incarcerated, but he will be booked at the McLennan County Jail later this week for the November 2009 charge. Bail for this offense has been set at $60,000, which Darling said Elliott’s family plan to pay. The bail for the other offense, which Elliott was booked for in April after his arrest, was also raised on Monday to $60,000, bringing the total to $120,000 for all three counts.
The arraignment hearing will take place Sept. 14. Darling said the defense plans to waive the hearing by submitting a file stating that the defense understands the charges and Elliott’s rights, and enters a formal plea.
Darling said Elliott is pleading not-guilty for two counts of sexual assault from the April incident.
There will be a period of at least 90 days in which the defense prepares for the next court date, which has not yet been set.
Because Elliott’s case is still open, the District Attorney’s office declined comment.
Elliott had been suspended by the Baylor football team in April and later by the University on an accusation of violating school and team policies before the summer semester.
Darling said Elliott began the process to appeal his suspension, but he withdrew the appeal and transferred to Central Arkansas State University.
Lori Fogleman, director of media communications at Baylor, confirmed that Elliott is no longer enrolled at Baylor through an email to the Lariat.
The Waco Police Department originally charged Elliott with one count of sexual assault. Swanton said the District Attorney’s office did a follow-up investigation that resulted in two additional charges.
The two counts of sexual assault from the April 15 incident and the count of sexual assault from the November 2009 incident will be tried separately because they are not related offenses.
Darling said he believes it is unlikely Elliott would accept a plea-bargain because he is pleading not-guilty.