All Kevin Dice did the night of Oct. 25 was get hit with a shrub, his attorney Matt McClenahen said.
Then someone photographed a "dumbfounded" Dice picking it up, McClenahen said, and police charged the 21-year-old student with criminal mischief and disorderly conduct.
On Tuesday, Dice, 340 E. Beaver Ave., was placed on accelerated rehabilitative disposition (ARD), McClenahen said. And as others charged in connection with the Oct. 25 riot go through the final stages of court proceedings, borough officials remain confident the criminal justice system will appropriately punish those responsible.
"Actions do have consequences," State College Mayor Bill Welch said. "I presume that the legal system has done what it's supposed to do."
The system is doing just that, said Capt. Dana Leonard of the State College Police Department.
"We really don't have a problem with how the penalties play out," Leonard said. "We have a great deal of faith in the criminal justice system."
Dice was among two others placed on ARD Tuesday, while one man pleaded guilty to his charges.
The guilty plea came from non-student David R. Glicini, who accepted charges of failure to disperse, according to court officials. Glicini, 328 E. Foster Ave., was sentenced to 100 hours of community service, two years of probation and a $150 fine.
Can Atik, 478 E. Beaver Ave., charged with receiving stolen property, and Amelia R. Perri, 418 E. College Ave., charged with theft, receiving stolen property and criminal mischief, both entered ARD, according to court officials.
Although the riot -- a celebration of the Penn State football team's victory over Ohio State -- was a major civil disturbance, many of those charged are first-time offenders, Leonard said. This makes it generally acceptable for them to be placed on ARD, he said.
Dice, who caught the shrub, is an example of someone who "just happened to be in the wrong place at the wrong time," McClenahen said.
Centre County District Attorney Michael Madeira said he tried to be fair with the sentencing, drawing a distinction between those who were directly related to the riot and those who weren't.
Individuals facing charges of riot or failure to disperse were not offered ARD, he said.
Though Madeira said he will strive for consistency as others come through the system, he stressed every case is "factually different."
Whether individuals charged in connection with the riot are sentenced with ARD or something more severe, Welch and Leonard hope students will learn from what's happening to those who celebrated in October.
