Duke player from LI accused in '05 case

A Duke University lacrosse player from Garden City was charged last fall in the misdemeanor assault of a man who said he was called "gay and derogatory names" by three suspects, according to court papers.

Collin H. Finnerty, a former Chaminade High School player, is among the 46 Duke team members asked to submit DNA samples in a rape investigation.

According to court records obtained by Newsday yesterday, Finnerty, a sophomore player at Duke, was arrested with two other suspects in the Nov. 5 incident in Washington. One suspect is a Georgetown University lacrosse player, who according to that team roster is also from Chaminade, and the other is a former lacrosse player for Providence College in Rhode Island. The disposition of their cases was not determined yesterday.

An attorney representing Finnerty said yesterday that the assault charge would be dropped pending his client's community service and said the incident "had nothing to do with any sort of inappropriate remark."

According to District of Columbia Superior Court records, Finnerty and his companions began confronting the man for no reason outside the Georgetown Inn hotel and attacked him when he tried to walk away. The three punched the man in his face and body "because he told them to stop calling him gay and derogatory names," according to the complaint.

The victim was treated at the scene on Wisconsin Avenue for a cut to his lip and bruises to his chin. All three men were arrested at the scene by a police officer who was flagged down by the victim.

A family member reached at the Finnerty household in Garden City yesterday referred questions to Collin Finnerty's attorney, Steven J. McCool. McCool said yesterday: "The charge that resulted was a minor, simple assault charge. ...

If this case was anything more then a minor scuffle the U.S. Attorney's office would not have offered Collin a diversionary agreement."

Finnerty did not enter a plea in the case and was ordered to perform 25 hours of community service in Washington, according to Shirley Shepherd, a deputy clerk at the District of Columbia Superior Court. Finnerty has a Sept. 25 court date pending where charges against him will be dropped after he has performed the community service, McCool said.