UD student indicted in March fight
Monday, May 05, 2008
DAYTON — A former University of Dayton football player, one of five students accused of participating in a March 8 fight that left two students injured, was indicted on felony counts Friday, May 2.
Matthew Livingston was indicted on felonious assault and burglary. Felonious assault is a second-degree felony and carries a maximum penalty of eight years in prison.
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Three of Livingston's co-defendants have pleaded guilty to burglary, but have asked for intervention in lieu of conviction. All three have agreed to testify against the remaining defendants.
The fifth is Brad Schmitt, 19, who was indicted April 22 on a misdemeanor count of assault.
The five are accused of entering 230 Kiefaber St. on March 8 and fighting with people there. Police who arrived at the scene found two injured students, including one with a broken arm, broken ribs and a concussion.

