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County indicts Miami student

Prosecutor files sexual assault charges

By Erin Fischesser

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Published: Monday, November 23, 2009

Updated: Sunday, February 14, 2010

Former Miami University student Yuyang David Bai, 19, was indicted Wednesday on felony charges related to a sexual assault that occurred on campus in the early morning hours Nov. 1.

According to Miami University Police Department (MUPD) Lt. Ben Spilman, Bai was originally charged with gross sexual imposition, assault on a police officer, underage intoxication, obstructing official business, criminal mischief and criminal trespass.

"They're all sex offenses," Spilman said.

According to Butler County Assistant Prosecutor Jason Philabaum, Bai was indicted for aggravated robbery, assault on an officer and gross sexual imposition.

The charges differ from those filed by MUPD because of the different levels of severity, according to Philabaum.

"When you have felonies sometimes the misdemeanors just aren't indicted," Philabaum said.

According to Spilman, an MUPD officer observed Bai dragging a female across the one-way street near Gaskill Hall and became suspicious.

The officer reportedly followed Bai into the building and found what was believed to be a sexual assault in progress.

When the officer confronted Bai, he reportedly began assaulting him and fled the scene.

"The officer was in fear for his weapon during the struggle," Spilman said.

Philabaum said the aggravated robbery charges were a result of the attempt to take the officer's weapon.

Bai reportedly left the building but was stopped by other officers outside and taken into custody.

According to Spilman, the officer had no serious injuries from the incident.

Spilman said MUPD officers regularly patrol all areas of the campus during the week and weekends.

"It's not uncommon to have officers patrol the inside and outside of buildings," Spilman said.

Spilman was unsure of how the student entered Gaskill Hall, but said because there are so many buildings on campus it may not be uncommon for some to be accidentally left unlocked.

"I don't think it would be unusual that a door didn't latch all the way," Spilman said.

Miami spokeswoman Claire Wagner said students were not alerted of the incident right away because it did not meet specifications that required action.

"There is a list of crimes for which we must put out word in case there is a threat to safety," Wagner said.

According to Wagner, the incident did not meet these criteria because the suspect had been taken in to custody immediately and there was no immediate danger to students.

Wagner said incidents in which a student is assaulted by someone known to them are also not distributed to students because they are not considered a threat to campus safety.

While Wagner was unaware of all the circumstances of the case, she said students should use this incident as a reminder.

"If it is late at night or dark don't be walking home alone," Wagner said.

Bai is currently free on bond although Philabaum was unable to comment on the issue.

According to Philabaum, Bai's pre-trial is scheduled for Wednesday and a trial is expected. If convicted on all counts, Bai will face up to 13 years in prison.

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