Spivey pleads guilty to charge
September 8, 1999
Former Iowa State basketball player Travis Spivey, 21, pleaded guilty to third-degree sexual assault in Boone District Court Friday.
Spivey, 112 Hickory Drive, sophomore in child and family services, admitted that he had sex with a 15-year-old girl.
His sentencing will be held Nov. 5, said Assistant Story County Attorney Dan Gonnerman.
“[Spivey] only admitted there was a factual basis to the charge, which was that he performed a sex act with a 15-year-old, and at that time he was five or more years older than she was,” Gonnerman said.
Spivey, who transferred from Georgia Tech, redshirted the 1998-1999 season.
Head coach Larry Eustachy dismissed him from the team shortly after the allegations of statutory rape were reported.
Gonnerman said it is highly unlikely that Spivey will serve any jail time.
“It was a situation where all the parties, the court, the defense attorney and the county attorney have agreed to a joint recommendation of five years incarceration, with that term of incarceration to be a suspended sentence,” he said.
Gonnerman said Judge David Danilson, who is handling the case, has yet to agree to the suspended sentence..
Under the sentence, Spivey would be placed on probation. He also will be listed as a registered sex offender for the next 10 years, Gonnerman said.
“He will also have to have a sex offender assessment done — it’s an evaluation similar to a substance abuse evaluation,” he said.
Gonnerman said with this particular case, a five-year suspended sentence is “not uncommon.” He said the issue of whether the sex act was forced was not broached.
“[Spivey] didn’t say it wasn’t against their will, or he didn’t say it was; there was no inquiry as to that,” he said.
Any other sexual assault carries a mandatory prison sentence, he said.
“This is the only version of sexual assault that probation or deferred judgment is possible,” he said.
Gonnerman said he wasn’t contacted by anyone from Iowa State, nor did he contact them.
“I consulted with the victims of the offense and the Ames Police Department regarding offering this plea bargain to the defendant, Mr. Spivey, and they were satisfied and thought it was an appropriate disposition, and I thought it was an appropriate disposition,” he said.
Gonnerman also credited the Ames Police Department with conducting a “very thorough” investigation of the case, which resulted in the guilty admission from Spivey.
Julia Kiefer, public defender and attorney for Mr. Spivey, declined comment about the case.
Officials from ISU’s Athletic Department, including Eustachy, could not be reached for comment.