NIU basketball player John Culbertson’s arrest warrant could be dropped if a motion filed by his attorney to dismiss the case because of the lack of a speedy trial is granted, Story County (Iowa) Attorney Mary Richards said Friday.

Culbertson’s attorney, Kim West, appeared in an Iowa Associate District Court Jan. 6. to have the case dismissed. Culbertson did not attend the hearing because it was not required, Richards said.

West said he filed the motion Dec. 15. He cited part of the Iowa code, which states, “An indictment or information from a felony or aggravated or serious misdemeanor shall be found within three years from its commission (the incident),” as his reason. He said the judge could decide this week.

Richards said if the judge does not grant West’s motion, “my understanding is he would voluntarily appear (after the season) rather than be arrested.” Doug Marek, Richards’ first assistant, was not available for comment last week but told The Chicago Tribune Dec. 24 the county attorney’s office was having trouble locating witnesses.

West would not comment on Richards’ statement. Culbertson said he has not spoken to anyone in Iowa.

“The reason I’m not worried is because I know I didn’t do it,” Culbertson said.

Culbertson is charged with “terrorism” in connection with a May 9, 1984, shooting incident in Ames. An Iowa State basketball player at that time, Culbertson allegedly shot a gun at an occupied car. No one was injured, but the bullet later was found inside the car.

Culbertson returned to Iowa to play Drake University Jan. 2, but he was not arrested.

Ames Police Chief Dennis Ballentine said Richards told his department not to arrest Culbertson. Richards said “it wouldn’t be appropriate” to serve the warrant until there was a ruling on the motion. Also, she said her office knows Culbertson’s whereabouts.

Jim Mellard, who was NIU’s interim athletic director until Jan. 4, said Richards’ office did not ask the athletic department to do anything. But he said he has talked to that office.

“I called them once the story came out—which I thought was shabby,” he said. “I felt I should find out for them (Culbertson and men’s basketball coach Jim Rosborough) what the situation was.”

Rosborough declined to comment Sunday, but he told the Tribune Dec. 24 he was going “to take some action” against The Northern Star after the basketball season is over.

Culbertson also threatened Nov. 29 to sue the Star if the story prevented him from playing in Europe next year.

Ballentine said one reason why the case went unnoticed for more than three years was that Culbertson left Iowa before the the warrant was issued at the end of May, 1984.

Ballentine said he thinks the Ames Police Department had trouble determining who allegedly fired the shot during its investigation. When the warrant was issued, it had no provision for extradition. After that, the case was forgotten.