One of the first trials resulting from a riot in Campustown during Veishea quickly became an issue of semantics and procedure.

Drew Miller, senior in computer science, argued through his attorney Friday the meaning of the phrase “in the immediate vicinity of” as it pertained to his April 18 arrest.

Miller, formerly charged with interference with official acts, instead answered to an amended charge of failure to disperse.

The trial at the Ames City Hall courtroom was presided over by Story County District Associate Judge Thomas Hronek.

Miller was arrested about 4 a.m. with Matt Denner, senior in political science, whom arresting officer Mark Wheeler said he had warned numerous times to disperse and leave the area. The two were stopped near the area of the arrest while giving an interview to a KCRG-TV reporter. Denner, according to the account given by Wheeler, was immediately arrested, but Miller was arrested only after repeatedly objecting to Denner’s arrest and refusing to leave.

Denner’s trial is set for 9 a.m. June 10 at the Story County Courthouse in Nevada.

Miller’s attorney, Michael Levine of Iowa State’s student legal services, said Miller’s arrest was not in the immediate vicinity of the Veishea riots and was without grounds. Levine also took issue with the official report filed by Wheeler, which erroneously listed the location of the arrest as being in the area of Lincoln Way and Welch Avenue.

Both Miller and Wheeler said the arrest actually took place at Lincoln Way and Hayward Avenue. Levine, when cross-examining Wheeler, indicated that the wrong location contained within the affidavit casts doubt on the county’s case against Miller.

Levine asked for a continuance in order to find conclusive evidence, in the form of a private video recording, that Miller’s arrest had actually taken place on Hayward.

However, Daniel Rothman, assistant Story County attorney and prosecutor in the case, successfully filed in court for an amendment to the affidavit, correcting the location and effectively blocking Miller’s defense.

Levine’s attention then turned to the interpretation of the Iowa Code, which defines the “failure to disperse” charge. According to the Iowa Code, “A peace officer may order the participants in a riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful assembly to disperse. Any person within hearing distance of such command, who refuses to obey, commits a simple misdemeanor.”

Using Wheeler’s testimony that the arrest actually took place several blocks away from the remaining outbursts of violence, Levine argued that Miller was arrested without cause and that Wheeler had no grounds to issue the order to disperse.

Hronek then adjourned the court, tentatively scheduling a judgment and sentencing date for August.

Miller said he felt confident the results would vindicate him, even though answering to the charges against him had been somewhat difficult.

“It’s been a little frustrating, because I don’t feel like I’ve committed any crime,” Miller said. “I feel like the system is working. I’m hopeful. I think the case Mike [Levine] made was a good one, and I believe I’m innocent.”