POCATELLO – Although Idaho State University football player Derek Graves signed a battery complaint against his head coach Mike Kramer on Oct. 26, it will be next week before the city prosecutor's office decides whether to serve that citation and file it with the court.
City Attorney Dean Tranmer said he still wants to see some questions answered.
“If we file the misdemeanor charge, we still have to go to court and prove the elements of the offense beyond a reasonable doubt,” Tranmer said.
He said a definitive decision will come Tuesday or Wednesday.
“We will make a decision,” Tranmer said about filing the battery charge with the court. “I would like to get it over with.”
What is without doubt is the fact Kramer pushed Graves, a senior on the ISU football team, during a practice inside Holt Arena Oct. 3. Graves lost his footing and fell backwards after the shove. A video clip of the incident was shared with ESPN and it has gone viral on the Internet as well as being featured on several TV news and sports programs.
And there is no dispute over the fact Kramer apologized for the incident to Graves and the entire Bengal football team the day after the shove took place.
ISU officials suspended Kramer for one game. That punishment came after an independent investigation into the shoving incident was conducted by the university with the help of a former FBI agent.
Thursday Kramer suspended Graves from the ISU team, citing violations of team rules regarding missed practices.
Graves responded in an ESPN interview by saying the coach has "a vendetta" against him.
Shortly after the shoving incident, Graves hired sports attorney Donald Jackson of Montgomery, Ala. Jackson has criticized the university for failing to impose stricter penalties on Kramer and the city prosecutor for dragging his feet on the criminal prosecution.
In an interview Thursday, Jackson characterized the city police investigation as “the longest misdemeanor investigation in the history of mankind.”
Tranmer said he just wants to make sure Idaho law and due process are being followed. Idaho Code 18-114 which addresses battery and assault crimes states battery requires “a union of act and intent or criminal negligence.”
Tranmer said there is one of three tests that the football practice shoving incident must pass to qualify for a successful prosecution. They are: willful and unlawful use of force; actual, intentional and unlawful striking of another person against their will; or unlawfully and intentionally causing bodily harm.
Since the incident Graves has complained of a neck sprain and medical records were sent to the Pocatello Police Department Oct. 23. Graves signed the criminal complaint against Kramer three days later and detectives verified that the player wanted to pursue those charges again on Oct. 31.
Following Kramer's Thursday suspension of Graves, ISU Athletic Director Jeff Tingey said neither he nor the Bengals coaching staff would be commenting further about the case.