A student who suggested police used excessive force during the riot after the Ohio State-Penn State football game was bound over to trial Wednesday on charges of third-degree felony riot, among others.

At the preliminary hearing Wednesday morning for former The Daily Collegian photograher Maxwell Kruger, 21, of 138 S. Atherton St., Judge Leslie Dutchcot determined the prosecution presented enough evidence to send Kruger to trial.

Patton Township Police Officer Jeff McElrath testified he saw Kruger "four or five times" during the riot and pepper-sprayed him after Kruger failed to get down from the top of a vehicle, which Kruger stood on while taking photographs.

Police said the vehicle, parked on Beaver Avenue, suffered $4,475 in damages.

McElrath was about 10 yards from the car when he turned and saw Kruger taking photographs and standing on the vehicle with two other men, McElrath said.

"I yelled, 'Get off the car, get off the car,' a number of times," McElrath said. "I probably yelled that five or six different times as I walked toward him."

As McElrath moved closer to the vehicle the other two men scrambled from the car, but Kruger continued to take photographs until he was pepper-sprayed, McElrath said.

On Nov. 19, Kruger was charged with felony riot, failure to disperse, disorderly conduct and criminal mischief, according to the criminal complaint. Kruger was bound over for trial on all of the charges.

Kruger's attorney, Andrew Shubin, argued the charges should be dropped because the only evidence presented by the prosecution was the fact Kruger stood on top of a car and took photographs.

McElrath was unable to recall seeing Kruger yell, throw objects or jump up-and-down on the car.

Additionally he was unable to recall specifically asking Kruger to leave, but said he continually directed the crowd to disperse.

Despite this, Centre County District Attorney Michael Madeira said after the hearing the case would not have been bound over to trial unless there was sufficient evidence against Kruger.

He also said that though Kruger was taking photographs, it did not shield him from police action. Kruger was not a Collegian staff photographer at the time of the incident.

State College Police Department Det. Ken Ferron testified Kruger and his parents came to the State College Police Department the morning after the riot to file a complaint, saying police used excessive violence.

Kruger showed an officer several photos of police using force to control the crowds, Ferron said.

Ferron then obtained a photograph of Kruger and e-mailed it to McElrath, who identified Kruger as the man he had pepper-sprayed on the top of a vehicle, Ferron said.

Kruger did not immediately answer calls Wednesday, and Shubin declined to comment after the hearing.