Iowa State basketball player Travis Spivey, 20, is scheduled to face simple assault and public intoxication charges in trial next month.

Spivey, sophomore in general undergraduate studies, of 5345 Larch Hall, allegedly assaulted an employee of Hardee’s, 309 S. Duff Ave., on Dec. 24. Following his arrest, Spivey failed sobriety tests and also was charged with public intoxication.

If convicted of the simple misdemeanor charges, Spivey would face a maximum penalty of a $100 fine or 30 days in jail, said Judy Parks, prosecuting city attorney.

The trial was originally scheduled to take place today, but the City of Ames filed for a Motion of Continuance because of a conflict in Parks’ schedule. The trial date consequently was moved to Feb. 11 and will be held in Nevada at the Story County Courthouse.

Parks said when the matter goes to trial, jury selection will start at 9 a.m., potential witnesses will be called and “hopefully” a verdict will be rendered by the end of the day.

Potential witnesses include arresting Ames police officer John Nordyke and Hardee’s employee Larry Dobson.

According to police documents, Ames Police received a call from Dobson at 2:21 a.m. on Dec. 24, reporting “unruly customers” who refused to leave.

Nordyke said when he entered Hardee’s, he saw Spivey swing at and strike the clerk behind the counter.

“I was 15 or 20 feet away, but from my angle it looked like he hit him in the face,” Nordyke said.

Allegations against Spivey were labeled simple assault because no blood resulted from the punch, Nordyke said, and the injured clerk did not require medical attention.

Dobson did not comment about incident after being recommended to do so by Hardee’s District Manager Bill Gilbert.

Attorney John G. Martens will defend Spivey in the case.

“Travis Spivey is a fine young man and he has prior records to show that,” Martens said. “As far as the charges of this type, he gets more attention from the press than this case would normally deserve — just because he’s a basketball player.

“The facts of this case will show that maybe things have been blown out of proportion and put in a bad light,” he said.

Tom Kroeschell, director of media relations for the Athletic Department, said following the incident, Spivey was suspended from the team but was later reinstated. Spivey, who is from Myrtle Beach, S.C., is sitting out this season after transferring from Georgia Tech University where he was a starting point guard.

“But Coach [Larry] Eustachy said that Travis’ playing status for next season is still to be determined,” Kroeschell said.