By MATT CHITTUM
ROANOKE TIMES

A grand jury investigation or a special prosecutor are options open to former VMI freshman George Wade Jr.

The Rockbridge-Lexington Commonwealth's Attorney said he would not prosecute three Virginia Military Institute seniors for assault in the whipping of a freshman, but he has offered to have a special prosecutor review the case or to present it to a grand jury.

Gordon Saunders had enlisted the state police to investigate a claim by former VMI freshman George Wade Jr., of Henrico, that three seniors repeatedly struck him with a belt and a coat hanger over a two-month period in the fall.

Wade wanted to pursue assault charges after VMI officials declined to seek hazing charges.

The state police completed their investigation last week, after which Saunders met with Wade.

"I told him that based upon the investigation that I would not prosecute that case," Saunders said. He would not elaborate on his reasons.

Saunders said he offered to have a special prosecutor appointed to review the case, in the event Wade's family had concerns over Saunders' ties to VMI. His father was a math professor at the college for more than 40 years. "I want to be above reproach on that," Saunders said.

Saunders also is willing to let Wade tell his story to a grand jury, along with one of the investigators and a VMI representative. He said that is "probably the fairest way" to resolve the situation.

Wade still has the option of going to the magistrate himself and obtaining assault warrants against the three seniors, two of whom have been suspended.

Monday afternoon, Wade had not told Saunders which option, if any, he intends to choose.

Wade could not be reached for comment Monday, but Wade and his family have said they would get the warrants themselves, regardless of what the state police investigation showed.

Virginia law describes assault as unwanted touching, which Wade has said the beatings were, though he endured them without complaint. Three other VMI * freshmen who also were struck have said the blows were "horseplay" and all in fun.