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Monday, May 2, 2016

DePauw student granted deferred prosecution

Wednesday, November 10, 2010

(Photo)
Dike Zhao
GREENCASTLE -- A DePauw University student who attacked another student in her dorm room in August has received deferred prosecution.

Dike Zhao, 20, was charged with Class D felonies residential entry and criminal confinement and Class A misdemeanor battery resulting in bodily injury. The deferred prosecution agreement means that if Zhao meets certain terms and conditions for six months, he will not be prosecuted for any crimes.

Putnam County Prosecutor Tim Bookwalter said the victim nor her parents wanted to pursue the case.

"Under the circumstances, this was the best we could do," Bookwalter said. "(Deferred prosecution) was offered because the victim did not want any prosecution. DePauw representatives were present, and cultural differences were involved. DePauw has dealt with this situation internally, also."

As a condition of the deferred prosecution agreement, Zhao must not break any laws. He is also required to complete 40 hours of community service through Putnam County Community Corrections, as well as pay court fines and costs.

The charges against Zhao stemmed from an Aug. 31 incident in which DePauw Public Safety officers responded to a call made by a female in a campus residence hall.

The caller told officers Zhao had entered her room through the window before a dispatcher heard what they said sounded like a struggle and the phone was disconnected.

Because the emergency call was made from a cellular phone, it could not be traced. Representatives from DePauw's facilities managements and residence life departments, along with officers from the Greencastle Police Department conducted a building by building search of the DePauw campus.

After a tip from a member of DePauw's custodial staff, officers found the victim crying in her room. Zhao was standing outside the open door of the victim's room.

According to court documents, the victim told police she and Zhao, who lived in the same dorm, had been in a relationship for the past year. She said she had told Zhao she wanted to end the relationship, but that he "would not allow it."

She said although she was not injured, she was frightened of Zhao.

The victim said she and Zhao had gotten into a fight in her room on Aug. 30, and that Zhao had "become very angry and pushed her in the chest with the palms of his hands." She said she was standing near her bed, and that Zhao shoved her backward into it.

When Zhao knocked on her door on Aug. 31, the victim told officers, she ignored him and did not open her door. It was then, court records said, that Zhao broke into the victim's room through the window.

The victim warned Zhao that she was going to call the police, and when she did, court documents said, Zhao grabbed the phone from her. He then removed the phone's battery and SIM card and put them in his pocket.

The alleged victim then tried to leave the room, but she said Zhao grabbed her upper arms to prevent her from leaving, and also blocked her doorway.

At Zhao's initial hearing, his bond was set at $10,000 with 10 percent allowed. He posted bond and was released from jail.

If he had been convicted of all charges, Zhao could have been sentenced to a maximum 10 years in prison.


Comments
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sounds to me this guy got special treatmnet because of teh collage he goes to and his race, if that would be anybody else, no ten percent, no bond. chualk one up for depauw

-- Posted by lleonard47 on Wed, Nov 10, 2010, at 7:39 AM

Hey there bud, if you would read the story you would see that the victim did not wish to press charges. With no one pressing charges it is a bit difficult to punish anyone...

-- Posted by anonymous101 on Wed, Nov 10, 2010, at 7:45 AM

well in the state of indiana all u have too do is make the intial charge. even though the victim didnt want too continue the state can take over the case. it has been done many times right here to putnam co. citizens. the dude definately got off as most students do.

-- Posted by badboy46120 on Wed, Nov 10, 2010, at 8:29 AM

While its true you don't have to have the victim's assistance to pursue the charges, I would think in a battery case it would be very difficult to prove without the victim. Plus deferred prosecution happen frquently not just because they are DePauw students.

-- Posted by hardtobelieve on Wed, Nov 10, 2010, at 8:37 AM

The victim is only a witness. The State "presses charges." I know of cases where the Prosecutor had witnesses incarcerated until trial--held in jail so they could not leave. The Witness, not the Defendant.

Notice this waited until after the election. Looks like Perry was right about "special treatment."

DePauw wagged the dog. "Cultural differences" my foot. In what culture is it acceptable to break into a person's residence and batter them?

-- Posted by reckman on Wed, Nov 10, 2010, at 8:37 AM

Oh Brother one of the only 5 people who voted for Perry are upset. I am sure they were holding this case waiting for the election results. Wow!

-- Posted by hardtobelieve on Wed, Nov 10, 2010, at 2:40 PM

What a bunch of sad rags, get off your soapbox and

get on with your life (which as it seems isn't much) It sounds like this was a 'lover's quarrel', which i'm sure happens somewhere,every

day, and not just to Depauw Students.

-- Posted by mothersue on Thu, Nov 11, 2010, at 6:54 PM


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