Felony charge dropped for Passley

Passley, who has been suspended from the Vols' basketball team since he was arrested March 5 along with former walk-on Jordan Smith, pleaded guilty to simple possession of marijuana.

Passley was given a suspended sentence of 11 months, 29 days, and he was ordered to pay a $250 fine and court costs, according to his attorney, Tommy Hindman.

If Passley successfully completes the period of unsupervised probation with no further charges, the marijuana charge will be dismissed and expunged from his record.

Hindman also is handling Passley's disciplinary issue with the University of Tennessee as it relates to the case.

"I have written letters to the university requesting we be afforded a hearing,'' Hindman said. "They've probably been awaiting the resolution of this case.

"My understanding is his grades are extremely good -- up to the 'A' level -- and he's done everything his coach has asked of him, and more.''

Passley, 21, transferred from Wisconsin-Milwaukee last summer and sat out last season. He was presented with the Hardest Worker Award on the UT basketball team at the team's recent banquet.

"I'm pleased for Tony and his family that the felony charge was dismissed,'' said Vols coach Bruce Pearl, who was in Nashville on Tuesday on a Big Orange Caravan stop. "As I said from the beginning, as it related to his suspension, his return didn't completely hinge upon the outcome of this case.

"Tony has done some things this spring to put himself in position where we're considering bringing him back to the team.''

Should Passley return, he'll be a backup in the Vols' frontcourt.

Pearl said Smith, a 23-year-old walk-on from West High School who saw four minutes of action last season, will not be back with the team.

Smith's felony case was bound over to the grand jury, which will hear the evidence and proceed with the case and take it to trial in criminal court, or dismiss it.

Steve Oberman, Smith's attorney, said it usually takes between two and six months before the grand jury rules. If the case is headed for trial in _criminal court, Oberman estimated it would take another three to six months before it would be heard.

"At this point, Jordan continues to deny he is guilty of the charge brought against him and regrets having put his family and the university in a position where he could be suspected of this crime,'' Oberman said.

Passley and Smith were arrested on Class C felony charges of manufacture, delivery, sale or possession of cocaine -- a Schedule II drug -- in the early morning hours of March 5 in Knoxville.

The police report chronicling the arrests states officers approached Smith's car after it was found parked blocking the sidewalk under a no parking sign outside a Knoxville nightclub. After noticing the odor of marijuana, police requested and were granted permission by the players to search Smith's Crown Victoria.

Oberman confirmed that a tape of the incident, captured from a police car shooting video, shows officers conferring with Smith and Passley. However, the audio on the tape was not on when the officer asked if he could search the car.

"That was a good thing for him (Smith), but there was some circumstantial evidence that is not favorable to Mr. Smith,'' Oberman said. "Jordan is a fine young man, and once everyone hears the other side of the story, they'll reconsider their opinion.

"We're looking forward to presenting our side of the case in criminal court.''

Police uncovered a bag with approximately 15.2 grams of crack cocaine in the driver-side door of Smith's car next to Smith's wallet and UT I.D.

A bag containing less than three grams of marijuana was found in Passley's pocket, which constituted a Class A misdemeanor offense of simple possession/casual exchange.