Former Virginia Tech football player Marcus Vick failed to appear for another court hearing in Montgomery County this week, and a judge has issued a capias for his arrest, according to a lawyer involved in the case.
Vick, 29, was found in contempt of court in January and ordered to spend five days in a local jail for not providing financial documents. Vick signed a promissory note for $40,000 in September 2008 pertaining to a civil matter but has not paid the judgment, causing the plaintiff to periodically seek his financial statements, according to Kris Olin, lawyer for plaintiff Barbara Ferguson.
He did not show up in February for a hearing over debtor concerns. At that time, Judge Brett Geisler, a Carroll County Circuit Court judge presiding over the civil case, issued a show cause notice for Vick during a telephone conference.
According to Olin, Vick was supposed to appear Monday in circuit court to explain why he did not show up to the February hearing and why he has not paid attorney fees. Geisler had previously ordered Vick to pay attorney fees — one payment due in the middle of January and one due in the middle of March — but Vick has not made those payments, Olin said.
Olin met with Vick’s lawyer, Jimmy Turk, and Geisler in judges’ chambers Monday.
“Instead of punishing him with more attorney fees and more jail time, the judge entered a capias for his arrest,” Olin said. “Once he’s picked up, he’ll stay in jail until the judge can get from Carroll County to Montgomery County.”
Olin said Geisler will schedule a hearing in Montgomery County once Vick is arrested. Vick will be held until that hearing and may remain in jail after the hearing, depending on his punishment.
Vick previously told the court that he was living in the Atlanta area. Olin said that it’s his understanding Vick will not be extradited to Virginia if he is arrested in Georgia.
“If he comes here in Virginia, and gets stopped for any reason, whether it’s a traffic violation or he has some crime or a law enforcement agent runs into him, he’ll be arrested immediately,” Olin said.
But police will not be actively searching for Vick in Virginia or any other state, Olin said.
“I don’t expect him to participate from here on out,” Olin said. “We will probably be chasing him for a long time.”
When reached on Monday afternoon, Turk deferred all questions to Olin.
Olin has said that Vick has not paid any of the promissory note, which is now nearing $90,000 with interest and attorney fees. He would not comment on the details of the civil suit, although in September 2008, Vick agreed in principle to settle a $6.3 million lawsuit filed by a Christiansburg teenager — listed as “Jane Doe” — who claimed psychological trauma after having a two-year sexual relationship with Vick that began in January 2004, when she was 15 and he was 19.
Vick and two of his former teammates at Tech were convicted in 2004 of three counts of contributing to the delinquency of a minor for giving three underage girls liquor and encouraging them to strip. In the lawsuit, the girl identifies herself as the one who had sex with Vick on that night in January 2004 that led to his arrest and conviction. In September 2004, Vick pleaded no contest to a misdemeanor charge of contributing to the delinquency of a minor for giving alcohol to underage girls.
In July 2004, Vick was arrested for speeding, and police found marijuana in his car. He pleaded guilty to reckless driving and no contest to possession of marijuana. Virginia Tech suspended him for the entire 2004 season after he was charged with crimes in the two separate incidents. At the time of that suspension, university president Charles Steger said if Vick faced additional off-field troubles, "his Virginia Tech career is effectively ended."
After returning to school in 2005, Vick stayed out of trouble off the field until a Dec. 17 traffic stop. Vick was cited for two misdemeanor charges of speeding and driving on a suspended or revoked driver's license in Hampton, Va. -- his ninth driving offense since he enrolled at Virginia Tech in 2002, according to court records.
After making an obscene gesture toward fans and shoving a West Virginia coach during the Hokies' 34-17 victory in Morgantown, W. Va., on Oct. 1, Vick issued a statement apologizing "for letting my emotions get the best of me." Vick was also under scrutiny following an incident in the Jan. 2 Gator Bowl in which he stomped on the leg of Louisville defensive end Elvis Dumervil.
Virginia Tech dismissed Vick from the football team as a junior in 2006 citing "a cumulative effect of legal infractions and unsportsmanlike play." Vick played in 11 games as a freshman backup in 2003, was suspended the next season after he was charged with crimes in two incidents, then started all 13 games this past season. He threw for 2,393 yards, 17 touchdowns and 10 interceptions and ran for 380 yards and six scores, but struggled in Virginia Tech's biggest games, a 27-7 loss to Miami on Nov. 5 and 27-22 loss to unranked Florida State in the inaugural ACC championship game on Dec. 3.
Vick then declared himself eligible for the NFL spring draft in 2006, but was not selected. He was later signed by the Miami Dolphins as an undrafted free agent but was released from the team on May 1, 2007.
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In 2005, Marcus ran a 4.28 40-yard dash, the seventh-best time in program history. In 1999, Michael Vick ran ran the second-fastest 40 in Tech football history at 4.25 seconds.