ASHLAND — Two members of Ashland University’s swim and dive team were charged with felonies for theft on Jan. 9, according to court documents filed in the Ashland County Court of Common Pleas.
Emily O’Brien, 18, and Nina Nephew, 18, both listed as freshmen on AU’s swim team roster, allegedly stole merchandise from the Ashland Walmart on Jan. 4 and again on Jan. 7.
In a bond setting hearing for O’Brien’s case, county prosecutor Chris Tunnell stated they were caught at Walmart on Jan. 7, and eventually admitted they were there for the “purpose of stealing merchandise.”
Both pleaded not guilty to the charges. Bond was set at $3,000 for both, according to court documents, and bail was posted for both women.
Part of the bond conditions for both Nephew and O’Brien stated they could have no direct or indirect contact with each other. The bond conditions also stated they could have no direct or indirect contact with Ashland Walmart.
Tunnell said they had $146 of merchandise in their possession on Jan. 7, when Walmart’s loss prevention team spotted the pair. Loss prevention said they had been in the store on Jan. 4 as well.
“On the fourth, it was determined they stole north of $1,100 worth of merchandise, which they then admitted (to) officers on the seventh,” Tunnell said in O’Brien’s Jan. 9 bond setting.
He added the pair admitted to being in the store and stealing merchandise on additional previous occasions. According to Tunnell, they “indicated they were doing this” because friends of theirs had also stolen from Walmart and hadn’t been caught.
Tunnell said stolen merchandise was recovered from O’Brien’s and Nephew’s dorm rooms at AU by the Ashland Police Department.
“I don’t know what their status is at the university,” Tunnell said.
He said AU’s Dean of Students, Nicole Dyer, was helping investigate which friends also stole from Walmart.
Ashland Source called Dyer’s office and left a voicemail on Jan. 10. Dyer wasn’t immediately available for comment.
Jeff Honaker, O’Brien’s attorney, also did not return a call and text by press time. Ashland Source called Joseph Kearns, the attorney listed for Nephew, and he could not be reached by press time.
Dusty Sloan, Ashland University’s director of athletic communications, offered Ashland Source a statement on Jan. 10.
“The Ashland University athletic department is aware of the allegations against the student-athletes on the swimming and diving team,” the statement read.
“As is the case with any legal proceeding, we will let the judicial process play out. Therefore, there will be no comment from anyone in the department at this time.”
Hueston Holder, the AU swim coach, declined to comment and directed Ashland Source to Sloan.
Ashland University’s 2023-2024 student-athlete handbook states that there are two types of off-campus level violations. Level 1 violations include theft.
The handbook states that when athletes are arrested or cited with a Level 1 violation, their case is subject to athletic department review. Student-athletes that are arrested are required to report that crime to their coach within 24 hours, or else they can be subject to additional penalties.
“Any student-athlete charged with a felony or sexually-related crime shall be immediately suspended from all athletic related events,” the handbook states. “A conviction of these charges shall result in immediate dismissal from the team and loss of athletic aid.”