Late Wednesday afternoon, a jury in Story County District Court found former Iowa State student, Terence Manning, guilty of assault, the lesser of three charges in a sexual assault case.

The case alleged Manning sexually assaulted Amanda Marz, a freshman at ISU at the time, in her Wilson Hall dorm room on Oct. 11, 1998.

Marz and roommate Christina Lindeman, also a freshman at the time, testified Manning, 28, purchased alcohol for the underage women and brought it to their dorm room.

Manning, who had known Marz about five days, purchased a bottle of Hot Damn brand liquor for the two women and a 40-ounce bottle of Icehouse brand beer for himself.

Marz testified that after she became intoxicated, she decided to go to bed.

She said she told Manning she did not want to have sexual intercourse with him and then passed out.

Marz, however, did not have slurred speech, was not falling over furniture and was able to call for pizza and go down and pay for it, according to Lindeman’s testimony.

Marz said she was awoken later that night with Manning on top of her after having achieved sexual penetration against Marz’s will.

In a sworn statement given to Department of Public Safety officer Angela Hart Nov. 3, 1998, Manning admitted Marz was drunk but said no penile penetration had occurred.

Lindeman, also asleep in the room that night, testified she had no personal knowledge of any sexual acts.

The following day, Marz reported the incident to her resident assistant Kelly Posey and Wilson Hall Director Christopher Barker.

Marz then had a physical exam from Betsy Wentzel, nurse practitioner at Planned Parenthood in Ames.

Wentzel said Marz was very emotional during the exam and at different points was crying and frightened.

Wentzel testified that Marz, although in distress, had no cuts, bruises or abrasions that would physically signal a rape had occurred.

Dan Gonnerman, assistant Story County attorney, described Manning in his closing argument as a “stranger waiting in the bushes.”

He said he waited for an opportunity and then took advantage of the situation.

In order for the state to prosecute Manning on sexual abuse in the third degree, a class C felony punishable by a prison term of up to 10 years and/or fine of up to $10,000, they had to prove Marz was unconscious and that sex acts were performed. The state also had to prove the acts were against her will.

On the charge of assault with intent to commit sexual abuse, the state had to prove Manning assaulted Marz and did so with specific intent to commit sexual assault against her will.

On the charge of assault, which Manning was convicted of, the state had to prove Manning’s actions were meant to hurt or harm the victim and that he had the apparent ability to do the act.

Jesse Macro, Manning’s public defender, said in his closing statements there was no physical evidence to show any type of assault had occurred.

After the trial, Macro declined to comment following office policy.

The defense did not choose to call any witnesses to the stand.

Manning will be sentenced for the assault conviction on Friday morning.