An ex-Boise State University football player won’t face felony charges after allegedly attacking and injuring a fellow BSU student, according to the chief criminal deputy with the Boise City Attorney’s Office.
Denyce Udink said the city attorney’s office, which exclusively handles misdemeanors, got word Wednesday that the Ada County Prosecutor’s Office declined to pursue felony charges against Jace Richter.
“There are elements of aggravated battery that we’d have to prove beyond a reasonable doubt, and we don’t feel we had the evidence to do that,” explained Deputy Ada County Prosecutor Scott Bandy.
A team of lawyers with the Boise City Attorney’s Office is reviewing police documents and other evidence to determine whether misdemeanor charges will be filed, Udink said. She said there wasn’t a timeline for the review.
In mid-October, Ben Taylor filed a civil lawsuit against Richter, alleging that Richter attacked and injured him in an on-campus dormitory. Richter was later dismissed from the BSU football team.
Taylor’s attorney, David Claiborne, said Taylor suffered two black eyes, a broken nose, a concussion and a broken arm in the scrap.
Several witnesses told a private investigator that Taylor first shoved Richter and swung at him before Richter retaliated. “What’s clear is that three witnesses at the scene uniformly indicate that Ben was the initial aggressor, that he pushed Jace and that he swung at Jace, and that Jace hit him while defending himself,” Richter’s attorney, Michael Bartlett, told the Statesman in October.
“There’s going to be a lot of arguments over who was drinking, and how much, who provoked it and how much. That’s a lot of noise,” Claiborne told the Statesman in October. “That does not give you the excuse to knock someone to the ground and beat the ever-living hell out of them. That does not excuse the conduct.”
Claiborne and Bartlett were unavailable for comment Thursday.