A former William & Mary football player, who prosecutors say sold “pounds of marijuana” to his teammates, was given over a month in jail Wednesday after sending what a judge interpreted as a threatening text message to a confidential informant.
Prosecutors said Wednesday that 21-year-old William & Mary student Spencer Kleinrichert sent the text message – which appeared to be a “veiled threat,” a judge said – on the morning of his sentencing for distributing marijuana.
Judge Michael McGinty read aloud a portion of the text message sent by Kleinrichert, which said “I hope to see you again someday.”
The former reserve defensive end will be held at the Virginia Peninsula Regional Jail until May 5.
Kleinrichert appeared Wednesday in the Williamsburg-James City County Circuit Court for his sentencing on a withheld finding for three felony charges of distribution of marijuana. The charges stem from late April 2016, when the football player sold marijuana to a confidential informant, prosecutors said.
Court documents state the William & Mary junior is a scholarship athlete. According to Kleinrichert’s player page on the William & Mary Athletics website, he was on the team for the 2014 and 2015 seasons, playing as a reserve defensive end in his second season. He is not listed on the 2017 William & Mary football team roster, and William & Mary Senior Assistant Athletic Director Pete Clawson said Kleinrichert is “not a member of the football team.”
In Kleinrichert’s case, the withheld finding meant a judge would withhold a guilty verdict, punishment or prison sentence until after they review a presentence report, containing background information and personal history of the defendant.
A plea agreement between prosecutors and the defense, entered on Dec. 15, agrees to drop two distribution charges and gives the judge the opportunity to reduce the remaining felony charge to a misdemeanor. A judge is not bound to follow recommendations of a plea agreement.
Prosecutor Joshua DeFord said the text message Kleinrichert sent to the confidential informant is the “best evidence of Mr. Kleinrichert’s character.” DuFord continued, saying the 21-year-old has “not once” taken responsibility for the distribution offense.
McGinty agreed to continue the withheld finding until March 21 of next year, but stated there needed to be an “immediate consequence” for Kleinrichert’s behavior.
“I am extremely sorry for what I’ve done. I’m ashamed,” Kleinrichert said. “I was on a really good track and I stepped off the track.”
According to court documents filed Dec. 15, a judge ruled there was sufficient evidence to find Kleinrichert guilty, but withheld an official finding of guilt until March 29 when he was sentenced.
Lab test documentation shows Kleinrichert had three ziploc bags containing almost an ounce of marijuana in each bag.
McGinty said that Kleinrichert’s presentence report was “good,” but showed that he did not take responsibility for the offense.
“Obviously you’ve been given a lot of opportunity in life from the start, and you took advantage of that,” McGinty said.
In the defendant’s version of the offense in the presentence report, Kleinrichert said he felt obligated to help out his teammate, DeFord said. His mother also said her son gave in to peer pressure because “they kept asking,” prosecutors added.
When Kleinrichert is released from jail, he will need to comply with supervised probation, be tested for drugs and complete 100 hours of community service.
