UPDATED: Nov. 30, 2011 at 9:22 p.m.

Syracuse University sophomore center Fab Melo’s charge of fourth-degree criminal mischief will be dismissed if he stays out of trouble for one year, said City Court Judge Stephen Dougherty in domestic violence court Wednesday.

Melo, 21, was accused of reaching through the driver’s side window of his then-girlfriend’s 2003 Chevrolet Impala and breaking the turn signal control arm during an argument on May 30 in the 300 block of Slocum Heights. The case had been postponed five times, dating back to when Melo made his first appearance in court June 29.

The case was the first called when court convened at about 1:30 p.m. It took less than four minutes for the adjournment contemplation of dismissal to be given to Melo.

Melo completed court-ordered counseling with ‘very favorable’ reviews and paid restitution for damage that he caused to the car, said Onondaga County Assistant District Attorney Melinda McGunnigle outside the courtroom.

McGunnigle said the case has been discussed extensively with the victim, who is on board with the decision. McGunnigle declined to say whether Melo and the victim are currently dating.

The victim also has a partial order of protection against Melo, meaning that if she wants to make contact with him during the next year, he may do so.

‘You can’t do anything to violate the law in regards to her — no assault, no menacing, no harassment, no intimidation, no threats, no further problems,’ Dougherty said in court.

Dougherty then asked Melo if he understood what he was being told, to which Melo nodded his head and said, ‘Yes.’

‘If you abide by those conditions, sir, this charge will be dismissed as if it never occurred, and there will be no record of this,’ Dougherty said.

Melo, who was wearing a black suit and red tie, declined to comment when asked about the case outside Syracuse City Court on South State Street.

Gary Sommer, Melo’s defense lawyer and the director of Student Legal Services at SU, said Melo’s case being postponed five times wasn’t negative.

‘The criminal justice system doesn’t necessarily move swiftly, but the purpose is to move in a fair and just manner, and sometimes things take time to get things to be right, and I have no problem with that,’ he said. ‘I’d rather have things take a little longer and have them done right rather than have things not done right.’

Sommer dodged questions from media members outside the courtroom about whether Melo learned his lesson, saying only, ‘We all hope everybody learns their lesson.’

‘I think anybody who has to go to court is always happy to have a case behind them, whether it’s Fab Melo or it’s Gary Sommer or you,’ Sommer said.

Melo and No. 4 Syracuse (7-0) are nearly one month into the 2011-12 season and will face No. 10 Florida (5-1) at 7 p.m. Friday in the Carrier Dome.

Melo has started all seven games for the Orange and is averaging 5.9 points and 5.1 rebounds per game.

The SU athletic department declined to comment on Melo’s case.

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Published on November 29, 2011 at 12:00 pm

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