Daily Independent (Ashland, KY)

November 2, 2012

Judge rules Fairview duo eligible for rest of season

Rutherford, King will finish years, careers as Eagles

Staff report
The Independent

WESTWOOD — A Boyd County judge has made a ruling on the eligibility of two local high school football players.

Judge George W. Davis III has deemed Fairview seniors Mason Rutherford and Elijah King eligible to play for the remainder of the season.

Transfers from Huntington High, the two had been playing due to a court injunction filed against the Kentucky High School Athletic Association.

During an Oct. 8 court hearing, attorneys of both the plaintiffs (King, Rutherford) and defendants (KHSAA) presented its side of the case.

King and Rutherford were involved in an altercation, according to court documents, with another minor while at Huntington High. This stemmed from an allegation that the other minor had assaulted a family member of one of the plaintiffs.

Both King and Rutherford were expelled as a result.

Upon enrolling at Fairview, the KHSAA ruled the student-athletes ineligible because of this bylaw: “If the change in schools is to nullify or circumvent the actions of representatives or rules of the previous school or if the student left the sending school under penalty which would have resulted in the student’s ineligibility at the sending school.”

Because the sending school was actually the Cabell County Alternative School, and the expulsion was eventually lifted at Huntington High, there was not enough evidence to support KHSAA’s finding, according to the ruling.

The KHSAA has the right to appeal Judge Davis’ ruling.