Charges against Homan dropped
June 14, 2004
Editor’s note: This note was added to this article June 17.
The June 15 article ‘Charges against Homan dropped’ contained several factual errors as a result of inappropriate reporting and attribution by a Daily reporter. Comments attributed to Bethany Schuttinga, director of judicial affairs, about Iowa State”s student judicial process were made about the judicial system in general. Schuttinga did not make any statements about ISU men”s basketball player Jared Homan, and the portions of the article suggesting otherwise are inaccurate. The Family Educational Rights and Privacy Act prohibits ISU officials from discussing individual students” education records. The Daily strives for fairness, completeness, and accuracy in its reporting and regrets this reporting error.The Story County Attorney’s office dropped charges last week against ISU men’s basketball player Jared Homan, citing insufficient evidence to proceed into a trial.
During the April 18 riot in Campustown, Homan was charged with interference with official acts and failure to disperse. Both charges were officially dismissed by Story County Judge Steve Van Marel Friday on the advice of assistant Story County attorney Daniel Rothman.
According to the complaint filed by the Ames police department, Homan was arrested after he and several companions attempted to re-enter a cleared area of the riot zone. He was stopped and told to use a different route around the area, but refused several times, according to the complaint. The responding officer then told Homan he was under arrest, at which point Homan began to resist, according to the complaint. The officer took Homan to the ground and secured him, despite further attempts at resistance, according to the complaint.
According to the report filed by Ames police officer Kevin Holmes, during Holmes’ interaction with the suspect, Homan appeared unsteady on his feet and his voice was slurred. The report said Homan was not charged with public intoxication because the riot situation did not allow time for a field sobriety test.
Story County Attorney Stephen Holmes said that, although the officer’s report was sufficient for the arrest, not enough evidence was gathered at the scene for the state to feel secure in prosecution.
“Essentially what officers put into an affidavit is just a summary,” Holmes said. “When we looked at the full testimony of the officer, and especially the circumstances surrounding the arrest, we found that police officers did not gather enough evidence. My conclusion, which is the same as Mr. Rothman’s, is that in this situation, we should give Mr. Homan the benefit of the doubt.”
Homan intended to dispute the charges brought against him by Ames police, said Brad Schroeder, his attorney. Schroeder said he intended to produce three witnesses to the arrest who would testify that Homan was not intoxicated at the time and was not contributing to the riot.
Schroeder said he also intended to dispute the officer’s report that Homan resisted arrest, saying that the officer was pressing Homan’s face into the pavement and Homan was only attempting to lift his head to keep from being scraped.
Schroeder said the county attorney’s decision indicated a lack of faith in the report itself.
“If things happened as contained in the report, why wouldn’t the prosecution continue?” he said. “It does make one wonder.”
Schroeder said Homan was “obviously very happy that the charges were dismissed, and very happy that [ISU] Coach [Wayne] Morgan and others didn’t rush to judgment, but waited for the facts to come out.”
Homan’s dismissal is not the only to come from the April 18 arrests. From 31 arrests made at the time by law enforcement officers, charges against seven have been dismissed outright. Thirteen people have been found guilty, with many pleading guilty initially. Eleven cases still remain open.The editor’s note above applies to the following portions of this article:
Although the Veishea-related charges against Homan have been dropped, he will still have to face a student judiciary inquiry, said Bethany Schuttinga, director of judicial affairs.
The dismissal of the charges will be taken into account, she said, but do not necessarily exclude action being taken on behalf of the university. She said the judiciary committee would also take into account Homan’s past record — which includes charges of underage possession of alcohol, public urination and public intoxication — but she was unable to say what punishment, if any, he was likely to receive, saying there was no cookie-cutter procedure in the process.
Homan was unavailable for comment.