Suspect in stadium police assault found not guilty

A Noblesville man was found not guilty on charges of assaulting an IU police officer at a 2003 football game. The jury reached its decision earlier this month after a two-day trial, upsetting some IUPD officers. \nOfficer Brian Oliger was struck in the back of the head with a beer bottle at an IU-Purdue football game in November 2003. Oliger was attempting to break up a fight that erupted after the game when he was attacked, according to police reports. The attacker fled the scene and no arrests were made, although a warrant was later issued for the defendant, Benjamin J. Repp. \nIUPD Lt. Jerry Minger, who arrived on the scene immediately after Oliger was struck, said the jury listened to many eyewitness testimonies before reaching its decision. \n"A jury found him not guilty after testimony of people who indicated that he had told them that he did it," he said. "One person said he saw him throw it." \nIn spite of the witness testimony connecting Repp to the accident, the jury did not find enough evidence to warrant a guilty verdict. \nOliger said he was disappointed with the results of the trial. \n"With what I know of the case, and the witnesses we had, I do believe he was guilty," Oliger said. "We wouldn't have went to court if we didn't think he was ... I just don't understand what the jury was thinking when they deliberated about this." \nMinger said he was also unsatisfied with the jury's \ndecision. \n"In one respect, I wasn't surprised, because I've seen juries do this before. Juries are notoriously unpredictable," Minger said. "The emotion, not only for me, but I think I speak for the law enforcement community that in this respect, it's very sad when we arrest someone based on good evidence and testimony, get warrants, go through all of the procedures ... and I think quite frankly they come back with a decision we feel isn't just."\nAlthough Oliger did not agree with the verdict, he said there are no plans to further pursue the matter or make an appeal.\nMinger said there are currently no other suspects in the incident. \n"Personally, I believe we had the person who committed the injury to Officer Oliger," he said. "But that's my opinion ... I think the justice system we have leans in the favor, many times, of a suspect or someone who's committed a crime. And maybe it should."\nOliger was treated at the hospital for a 1.5-inch gash in the head that required staples and has left a permanent scar. \nRepp, who turned himself into the Monroe County Sheriff's Department following the warrant, was charged with Battery Class C and Battery Class D felonies in January of 2004.\nAccording to the Indiana Criminal Code, a person convicted of a Class C felony faces between two and eight years of jail time and a maximum $10,000 fine. A person convicted of a Class D felony faces six months to three years in jail with a maximum $10,000 fine. \nNeither Repp nor his lawyer could be reached for comment.