Judge gives Heytvelt chance to clear record

If suspended Gonzaga basketball star Josh Heytvelt displays good behavior for one year, his felony drug possession charge will be dismissed, leaving him a clean criminal record.

Heytvelt, 20, struck the deal with prosecutors Monday, turning what would have been an otherwise routine Spokane County Superior Court arraignment into a surprise announcement that he would participate in what’s known as a diversion program.

“We’re going to treat Josh Heytvelt just like we would any other first offender,” said Spokane County deputy prosecutor John Grasso. “It’s a first offense, a relatively small amount of mushrooms, and he has no prior arrests. He’s eligible for the program.”

Heytvelt pleaded not guilty to the charge but admitted to possessing the psychedelic mushrooms found in the back of his vehicle last month.

Under terms of the deal, Heytvelt will spend the next year subject to random urine tests and doing 240 hours of community service.

He also must stay clean and out of any other criminal trouble.

If the Gonzaga sophomore breaks the agreement, he’ll head back to Superior Court Judge Michael T. Price, who will decide Heytvelt’s guilt or innocence based solely upon police reports and investigations. In the agreement, Heytvelt agreed that such a bench trial would likely find him guilty.

Heytvelt appeared in Price’s courtroom Monday cleanshaven and entered a not-guilty plea before his attorney discussed the diversion program details with the judge.

Outside, with family members behind him, Heytvelt made a statement expressing sorrow to the city and asked to have media coverage steered back to the Gonzaga basketball team.

“I’m sorry to all the fans and the public and the community of Spokane,” he said. “I feel that when all this stuff is resolved that the media should get the attention back on Gonzaga basketball and not focus so much on the ‘missing piece’ or whatever.”

Heytvelt would not answer any questions and was ushered away by his attorney.

The deal does nothing to change his suspended status with the NCAA tournament-bound Bulldogs, Gonzaga officials said Monday night.

The court program, known as the “Friendship” diversion system, is typically used in property crimes but has also recently become available for drug crimes, Grasso said.

Gonzaga basketball coach Mark Few wrote a letter to the court supporting Heytvelt. That letter, however, is being kept in a private “confidential file” that Grasso said is unavailable for public inspection.

Discussions between prosecutors and Heytvelt’s lawyer about a diversion agreement came soon after Heytvelt was charged with possessing a bag of mushrooms in the back of his SUV.

Cheney police said they pulled over the 6-foot-11 basketball player on Feb. 9, looked inside the vehicle and saw a black backpack with a protruding bag of mushrooms.

At the time, Heytvelt claimed the bag was not his.

Another Gonzaga player, Theo Davis, was in the vehicle at the time and is facing a misdemeanor marijuana possession charge in Cheney Municipal Court.