An Iowa judge granted the motion to dismiss the case against NIU men’s basketball player John Culbertson.

Judge Steven Van Marel ruled in Culbertson’s favor because “the state of Iowa didn’t file trial information within the statute of limitations (three years),” he said.

Culbertson’s attorney, Kim West, had brought the motion before Van Marel in a hearing Jan. 6, stating the limitation had not been followed.

Story County Attorney Mary Richards’ first assistant, Doug Marek, prosecuted the case. He said the two exceptions to the limitation are that a person leaves the jurisdiction to avoid prosecution and that the period in which the accused lives outside the area does not count toward the three-year limit.

West said a 1979 Iowa law states both exceptions must be fulfilled. He said Marek argued only one of the two exceptions was needed. West said he argued that both were necessary. The judge agreed with West.

“It’s a matter of statutory interpretation,” said Marek, who said he did not argue Culbertson left the jurisdiction to avoid prosecution. “I argued that (each exception) was independent of each other.”

“(The hearing was) primarily just a grammatical argument,” West said. “The law was pretty specific, and that’s what the judge picked up on. The court makes no finding as to why Mr. Culbertson left Iowa, but (there is) no evidence that he left to avoid prosecution.”

West also said Van Marel’s decision included testimony from Detective LeRoy Downs, who investigated the incident for which Culbertson was charged.

The decision states Downs made no effort to locate Culbertson even though he knew Culbertson was in Ames, Iowa, or in Illinois, West said. It also states Downs knew Culbertson was attending an Illinois university and was a basketball player.

West said he introduced a letter during the hearing which stated Culbertson sent a forwarding address to Iowa State University’s registration office when he left the university.

Van Marel’s decision states Downs did not contact that office in order to locate Culbertson, West said.

West said the decision stated Downs interviewed between eight and 10 people, including Culbertson, and advised them of their constitutional rights.

Culbertson said Nov. 29 he had signed affadavits in Iowa about the incident. Downs did not inform the witnesses they were suspects and did not tell them to stay in Ames, the decision states.

The judge’s ruling means Culbertson no longer has a warrant for his arrest in Iowa, and the terrorism charge has been dropped.

Culbertson had been charged in connection with a May, 1984, shooting incident in which shots allegedly were fired from Culbertson’s car into another occupied vehicle, police reports state. Culbertson later transfered to NIU.

Van Marel said the County Attorney’s Office has 30 days to decide whether it wants to appeal. Marek said his office probably will make a decision within a week.

County Attorney Mary Richards said one factor entering into the decision will be whether or not the office could win the case.

NIU men’s basketball coach Jim Rosborough, who called The Northern Star’s coverage “disgraceful,” said the decision “further confirms my fact that the whole thing was a farce from the beginning.” He declined further comment.

Culbertson could not be reached for comment Tuesday.

“I’m happy,” West said. “That’s the way it should have been. It’s been frustrating to me because it’s clear the case should be dismissed. It’s a shame it went on this long.”

Two matters unclear as the case unfolded were resolved Tuesday. West said Culbertson spent part of the summer after the incident in Ames, so “they (Ames police) would have been able to find him if they (had) made an effort.”

Also, Marek said his office had located most of the witnesses, and some of them called in after the story resurfaced.