Tuesday, May 5, 1998 GRAND JURY INDICTS 3 FROM VMI ON CHARGES OF HAZING By MATT CHITTUM ROANOKE TIMES One interpretation of state law says any charge of hazing at a state college must be initiated by the college. But VMI didn't find the incidents to be hazing. A former Virginia Military Institute freshman who was says he was struck with a belt and a coat hanger by his senior mentors got a taste of the satisfaction he's been seeking in the matter. The three seniors who George Wade Jr., 20, of Henrico County, says whipped him - John Gonzales of Mechanicsville, Charles Travers "Buck" Clemons of Richmond and Thomas Michael Upshaw of Milford - were indicted on hazing charges Friday by a Lexington grand jury. But the case is likely to face serious challenges, said Mike Irvine, the Buena Vista Commonwealth's Attorney who was appointed special prosecutor. The indictments were obtained without a finding by VMI that hazing occurred. Under the common interpretation of Virginia's anti-hazing law, any charge of hazing at a state college must be initiated by the college. The charge must be reported to the commonwealth's attorney, who must present it to a grand jury. Wade alleges that he and five other VMI freshmen were beaten with a belt - and once with a coat hanger - on the buttocks and upper thighs by three VMI seniors. The beatings occurred about three times a week from Sept. 11 to mid-October, leaving the students with welts and bruises, Wade said. After its own investigation, VMI suspended Gonzales and Clemons for a year and confined Upshaw to campus. But VMI Superintendent Josiah Bunting declined to call the beatings hazing, which is defined by Virginia law only as "mistreatment" resulting in "bodily harm." VMI issued a statement Monday standing by its finding. Wade sought assault charges against the seniors in February, but after a state police investigation, Rockbridge-Lexington Commonwealth's Attorney Gordon Saunders decided not to place the charges. At Wade's request, he asked in March for the appointment of the special prosecutor. Irvine said he felt the allegations should be presented to the grand jury as a way for the community to determine whether or not criminal charges should be sought.