The Undercurrent

Issue date: 2/15/08 Section: News

Kyle Payne 2007 Graduate

On Wednesday, Feb. 13, following 10 months of investigation, 2007 BVU alumnus Kyle Payne was arrested at his home in Ida Grove by Storm Lake Police investigators and the Iowa Division of Criminal Investigation (DCI) agents.

Storm Lake Police have charged Payne with Second Degree Burglary, a class C felony; Invasion of Privacy, a serious misdemeanor; and Assault, a simple misdemeanor.

According to police reports, the charges stem from police determination that on Jan. 3, 2007, while Payne was acting in the capacity as a Resident Advisor at BVU, he attended to an intoxicated, 18-year-old female student in her residence hall room. While attending to her, Payne physically assaulted the unconscious victim and videotaped the assault using a digital camera.

Payne download the images onto his laptop computer. BVU Campus Security, who declined to comment on the case, was notified of the incident by a third party, at which time the incident was forwarded to the Storm Lake Police Department.

On April 26, 2007, Storm Lake Police issued a search warrant for Pierce Hall, room B10, as part of an investigation into the incident being conducted in conjunction with Iowa DCI and BVU Campus Security. Officials later executed a search warrant on Payne's vehicle, which was located in a BVU parking lot.

During the search, police seized a computer and digital camera from Payne's room. Police located photographs of the victim that were personal in nature and revealed that the female may have been physically assaulted without her acknowledgement. The seized items were forwarded to the DCI crime lab for forensic analysis. At that time, 22-year-old Payne was identified as a suspect in the case.

On May 30, investigators executed an additional warrant at Payne's residence in Ida Grove. There, police seized another computer and other evidence, which were forwarded to the State Crime Lab for analysis.

"This is a very complex case," Todd Erskine, Storm Lake Assistant Police Chief, said. "We were able to do some case work in house, but the computers had to be sent away to have forensic analysis conducted."

Given that Payne was serving in a the role of an RA when the alleged incident occurred, BVU may review procedures for hiring such positions.

"This is an isolated incident, and when anything of this magnitude happens, the time is appropriate to look back at University processes," Cathy Grothe, Director of University Marketing and Communication, said.

On Wednesday, Payne was booked into the Buena Vista County Jail on an $11,300 cash bond. According to jail records, Payne posted bond on Thursday and was released.

The investigation is continuing.

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