One student's felony charge in connection with the Oct. 25 riot was bound over for trial Wednesday morning despite his lawyer's belief his client didn't contribute to the destruction in Beaver Canyon.
Prosecutors contend Luke Hagen, 20, of 340 E. Beaver Ave., climbed a lamppost with the intent of bringing it down in the midst of a riot, ignoring police orders -- but the defense says the student was arrested before the mayhem started and caused no damage to the light pole.
During his testimony at the Wednesday preliminary hearing, Sgt. William Muse of the State College Police Department described the scene following Penn State's win over Ohio State as 3,000 to 4,000 students swarming the downtown streets, ripping up stop signs, tearing down light poles and throwing shrubs.
Muse testified he saw Hagen, who is facing a felony riot charge in connection with the incident, climb a lamppost in front of Cedarbrook Apartments, 320 E. Beaver Ave. The lamppost was swaying back and forth as 200 to 250 people gathered around the pole and cheered Hagen on, Muse said. The 20-year-old also tried to tear down a parking restriction sign mounted on the light pole, he said.
Hagen then slid down the pole far enough for Muse to spray him with pepper spray, Muse said. Hagen ignored three orders to disperse and resisted arrest when Muse attempted to take him into custody, according to the criminal complaint.
"Basically, we fought each other," Muse said.
But Hagen's defense attorney, Ron McGlaughlin, maintains his client was in police custody before the disturbance began and did not damage any property.
The light post Muse found Hagen climbing was not damaged, Muse said.
"But that's how they come down," he said.
After the hearing, McGlaughlin said he believes Muse's testimony will ultimately help Hagen's case. McGlaughlin said he has a video tape that documents the level of Hagen's involvement and shows Hagen was in custody 10 to 15 minutes after the conclusion of the football game.
Hagen didn't destroy any property, he said, adding he wasn't even a part of the crowd.
"Is he guilty of some violation of the crimes code? Yeah, probably," McGlaughlin said. "Was it riot? Absolutely not."
But his defense wasn't enough Wednesday. Centre County Judge Leslie Dutchcot bound over all of Hagen's charges to trial -- rioting, failure to disperse, disorderly conduct, criminal mischief, resisting arrest and minors law violations.
Three other men have also been charged with riot in connection with the incident, according to court documents.
Penn State student Robert Cook, 21, and visitor Will R. Forester, 19, of Pittsburgh, will each face trial on charges of rioting last week.
Shane T. Elie, 18, of Olney, Md., is scheduled to have his preliminary hearing in December.
State College Police Lt. Chris Fishel said more charges in connection with the disturbance are expected this week and in coming weeks.
Centre County Assistant District Attorney Nathan Boob, who is prosecuting the case, could not be reached by press time.
