A Penn State student charged with indecent assault and harassment of another student stemming from an Oct. 22 incident waived his preliminary hearing Wednesday.
Max Terrell, 22, of Mont Clair, N.J., is charged with indecently assaulting a member of his fraternity, Delta Lambda Phi. According to court documents, the incident took place at Terrell’s apartment.
The other Penn State student involved in the incident said he was out with a friend when, at about 3:30 a.m., he received a text from Terrell to come to Terrell's apartment, according to court documents. The student arrived at Terrell’s apartment at about 5:11 a.m., according to court documents.
While in Terrell’s room, the two men watched pornographic movies together, and then Terrell started “bugging” the student for sex, according to court documents.
The student, who was intoxicated, said he felt as if he were "paralyzed" as Terrell began to get verbally aggressive, according to court documents.
Terrell proceeded to rub and touch the other student's genitals with his hands and mouth, according to court documents. The student said he told Terrell to stop several times, to which Terrell responded, “Why?” according to court documents. Terrell never removed any of his own clothing at any point, according to court documents.
The student said that Terrell's contact continued for 8 to 10 minutes until he was able to stop everything and leave Terrell’s apartment, according to court documents.
After the incident, the two students exchanged a series of text messages in which Terrell was told the encounter was not consensual, according to court documents. To this, Terrell sent a message stating, “Al (sic) I can say is that I’m sorry and that I evaluated the situation wrong,” according to court documents.