Alleged BYU groper offered diversion

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Nathan Fletcher stands with his attorney John Allan as he makes his initial court appearance in Provo on Thursday, June 5, 2014. Fletcher complied to a diversion agreement offered by prosecution on Jan. 17. (Jeremy Harmon, The Salt Lake Tribune)
Nathan Fletcher stands with his attorney, John Allan, as he makes his initial court appearance in Provo on Thursday, June 5, 2014. Fletcher accepted a diversion agreement offered by prosecution on Jan. 27. (Jeremy Harmon, The Salt Lake Tribune)

The 23-year-old BYU student accused of groping women while jogging around the BYU campus agreed to a diversion on Tuesday, Jan. 27.

Nathan Eric Fletcher was originally charged with two counts of a Class A misdemeanor, sexual battery, and had a suppression hearing scheduled for Jan. 27. He instead accepted a diversion agreement offered by the prosecution.

Under the terms of the agreement, Fletcher is now obligated to undergo psychosexual evaluation, attend counseling if recommended and abstain from any other legal violations for 18 months. The trial will resume if he fails to do any of these things.

Fletcher’s attorney, John Allan, urged him to take the agreement because he believed it would be best for his client. “There is no plea. He still maintains his innocence. If he completes (the requirements) and stays out of any trouble, then the case would be dismissed in its entirety.”

The evaluator and counselor were determined together by prosecution and defense, prior to the agreement.

“(Diversion agreements) don’t happen very often, I will tell you that,” Allan said. “I’ve been doing this for 27 years, and I’ve been doing criminal defense now for almost 12, and I’ve probably done three or four diversions in my career as a defense attorney.”

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