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Nicholas Yordi faced questioning Thursday from Assistant Bremer County Attorney Jill Dashner. Yordi is charged with disorderly conduct for allegedly yelling anti-gay comments at a student.
ROLAND FERRIE / Wartburg College
ROLAND FERRIE / Wartburg College
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Magistrate will decide case involving anti-gay slur at Wartburg
By KAREN HEINSELMAN
Courier Staff Writer
Courier Staff Writer
WAVERLY --- The Wartburg College student and athlete accused of slinging an anti-gay slurs and a classmate on the receiving end testified Thursday in Bremer County Court.
Nicholas Yordi, a 19-year-old sophomore from Solon, claimed he was simply being a "dumb college kid" when he shouted a derogatory term out his dorm window at a passerby in October.
Yordi testified he sometimes yells at pedestrians for amusement and said he didn't immediately recognize Joe Apel of East Dubuque, Ill.
Apel, a junior at Wartburg, described himself as openly gay. Yordi said he was not aware of that fact.
"Didn't mean anything by it," Yordi said. "Never have. Just getting a good laugh out of it."
Jill Dashner, assistant attorney for Bremer County, argued the extent of Yordi's alleged remarks and circumstances leading up to the incident amount to a serious situation that cannot be written off as harmless, college-boy antics perpetrated by the quarterback of the football team. She added Yordi targeted Apel, who claims the defendant let loose a stream of vulgar words referencing homosexual acts.
"This is the type of thing that causes people great stress and anger and could actually cause a violent reaction," Dashner said.
Yordi is charged with disorderly conduct, a simple misdemeanor. The charge alleges the defendant uttered abusive epithets likely to provoke a violent reaction from the victim.
According to Yordi and Apel, the victim yelled back but kept walking.
Defense attorney Ryan Rasmussen entered a not guilty plea Oct. 15 on Yordi's behalf.
"Nick said something he shouldn't have," Rasmussen said Thursday. "It was stupid. It was insensitive. It was inappropriate, and he would be the first to tell you that. But it was not criminal."
Apel testified he was on the sidewalk outside Clinton residence hall after midnight when he heard a familiar voice yelling derogatory remarks. Though initially uncertain about the person's identity, Apel told the court both the voice and the content of the slurs reminded him of an earlier incident on campus.
Apel, openly gay since age 16, said he yelled, "What the hell is wrong with you?" He later reported the incident to campus security. Apel and Wartburg security officer Glade Mogle investigated, and Yordi's name surfaced.
Yordi later confessed he shouted the slur to Waverly police officer Ben Woods, who was called in to investigate at the Wartburg's request. Dashner also offered as evidence Yordi's letter of apology to Apel.
Apel testified he has had nightmares because of the incident.
"I felt completely anguished, like I had just been punched in the face," Apel said. " ... And I still feel very anguished today."
Rasmussen argued the state's case does not meet conditions of disorderly conduct and asked Magistrate Ronald Pepples to acquit his client mid-trial.
"Your honor, what we are talking about here is the criminalizing of spoken words," Rasmussen said.
Pepples denied the motion, and testimony continued.
Rasmussen argued Yordi had participated in generic name-calling in the past, including the use of an anti-gay slur, without violent repercussions. The attorney also drew attention to Apel's initial uncertainty about the offender's identity, questioned how the defendant was pegged as a suspect and noted minor discrepancies about the time of the incident.
Dashner responded Yordi's later confession trumped those details. She also asked the court to consider a bigger picture.
" ... Joe Apel was walking alone on campus," Dashner said. "It was dark out."
She noted the incident happened when campus activities were devoted to drawing attention to gay, lesbian, bisexual and transgender issues. She also said that at the time, Apel and Yordi were both in a diversity class. Because of that class, Apel mentioned his sexual orientation online as part of an assignment.
Yordi said he never read the entry.
The prosecution said Yordi also likely had a clue about Apel's sexual identity because of an exchange between the defendant and Waverly police after the incident.
According to Woods, the investigating officer, Yordi initially said he didn't know who he had yelled at. Once Apel's identity was clarified, the defendant referred to Apel as someone "different." Asked to elaborate, Yordi called Apel a "metro" and said he was clean-cut and spoke with a higher voice.
"So he used stereotypes commonly associated with gay men," Dashner said.
Magistrate Pepples said he would make a ruling within 30 days but that an answer would likely come sooner.
The disorderly conduct charge carries a penalty of up to 30 days in jail and a $625 fine.
Contact Karen Heinselman at (319) 291-1581 or karen.heinselman@wcfcourier.com.
Nicholas Yordi, a 19-year-old sophomore from Solon, claimed he was simply being a "dumb college kid" when he shouted a derogatory term out his dorm window at a passerby in October.
Yordi testified he sometimes yells at pedestrians for amusement and said he didn't immediately recognize Joe Apel of East Dubuque, Ill.
Apel, a junior at Wartburg, described himself as openly gay. Yordi said he was not aware of that fact.
"Didn't mean anything by it," Yordi said. "Never have. Just getting a good laugh out of it."
Jill Dashner, assistant attorney for Bremer County, argued the extent of Yordi's alleged remarks and circumstances leading up to the incident amount to a serious situation that cannot be written off as harmless, college-boy antics perpetrated by the quarterback of the football team. She added Yordi targeted Apel, who claims the defendant let loose a stream of vulgar words referencing homosexual acts.
"This is the type of thing that causes people great stress and anger and could actually cause a violent reaction," Dashner said.
Yordi is charged with disorderly conduct, a simple misdemeanor. The charge alleges the defendant uttered abusive epithets likely to provoke a violent reaction from the victim.
According to Yordi and Apel, the victim yelled back but kept walking.
Defense attorney Ryan Rasmussen entered a not guilty plea Oct. 15 on Yordi's behalf.
"Nick said something he shouldn't have," Rasmussen said Thursday. "It was stupid. It was insensitive. It was inappropriate, and he would be the first to tell you that. But it was not criminal."
Apel testified he was on the sidewalk outside Clinton residence hall after midnight when he heard a familiar voice yelling derogatory remarks. Though initially uncertain about the person's identity, Apel told the court both the voice and the content of the slurs reminded him of an earlier incident on campus.
Apel, openly gay since age 16, said he yelled, "What the hell is wrong with you?" He later reported the incident to campus security. Apel and Wartburg security officer Glade Mogle investigated, and Yordi's name surfaced.
Yordi later confessed he shouted the slur to Waverly police officer Ben Woods, who was called in to investigate at the Wartburg's request. Dashner also offered as evidence Yordi's letter of apology to Apel.
Apel testified he has had nightmares because of the incident.
"I felt completely anguished, like I had just been punched in the face," Apel said. " ... And I still feel very anguished today."
Rasmussen argued the state's case does not meet conditions of disorderly conduct and asked Magistrate Ronald Pepples to acquit his client mid-trial.
"Your honor, what we are talking about here is the criminalizing of spoken words," Rasmussen said.
Pepples denied the motion, and testimony continued.
Rasmussen argued Yordi had participated in generic name-calling in the past, including the use of an anti-gay slur, without violent repercussions. The attorney also drew attention to Apel's initial uncertainty about the offender's identity, questioned how the defendant was pegged as a suspect and noted minor discrepancies about the time of the incident.
Dashner responded Yordi's later confession trumped those details. She also asked the court to consider a bigger picture.
" ... Joe Apel was walking alone on campus," Dashner said. "It was dark out."
She noted the incident happened when campus activities were devoted to drawing attention to gay, lesbian, bisexual and transgender issues. She also said that at the time, Apel and Yordi were both in a diversity class. Because of that class, Apel mentioned his sexual orientation online as part of an assignment.
Yordi said he never read the entry.
The prosecution said Yordi also likely had a clue about Apel's sexual identity because of an exchange between the defendant and Waverly police after the incident.
According to Woods, the investigating officer, Yordi initially said he didn't know who he had yelled at. Once Apel's identity was clarified, the defendant referred to Apel as someone "different." Asked to elaborate, Yordi called Apel a "metro" and said he was clean-cut and spoke with a higher voice.
"So he used stereotypes commonly associated with gay men," Dashner said.
Magistrate Pepples said he would make a ruling within 30 days but that an answer would likely come sooner.
The disorderly conduct charge carries a penalty of up to 30 days in jail and a $625 fine.
Contact Karen Heinselman at (319) 291-1581 or karen.heinselman@wcfcourier.com.
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BillyKelley wrote on Feb 17, 2008 4:47 AM:
" i wonder how much longer it will be before all our rights are violated on a regular basis? no freedom of speech anymore huh?....this nation is in a sad state when people start getting charged for what "might" happen....boy if this gave the guy nightmares he is in for one ... of a ride when he gets out in the real world "
TruthSeeker wrote on Feb 17, 2008 9:19 AM:
" "if this gave the guy nightmares he is in for one ... of a ride when he gets out in the real world"
Billy:
The way things are going, this guy will not have to worry when he gets out in the real world. By then, the punishment will probably be so great for anyone who causes him (or any homosexual) anguish will be so great that no one will dare say anything that could be considered even the tiniest bit hurtful or offensive. Unless something drastic happens, and fast, what we are seeing in this case is just the tip of the iceberg. "
Billy:
The way things are going, this guy will not have to worry when he gets out in the real world. By then, the punishment will probably be so great for anyone who causes him (or any homosexual) anguish will be so great that no one will dare say anything that could be considered even the tiniest bit hurtful or offensive. Unless something drastic happens, and fast, what we are seeing in this case is just the tip of the iceberg. "
WCT wrote on Feb 25, 2008 2:49 AM:
" Yelling slurs at someone is not free speech. To those who argue that Apel is being oversensitive, I'd respond that the law is how we keep incidents like this from escalating.
Look around at the various school shootings, and you'll find that an uncommonly high percentage of them can be traced to anti-gay bullying. Targets of that abuse can feel they have nowhere to turn but violence.
I lived in Iowa for several years, and yeah, I'm gay. I blended in; I wasn't "metro" like Apel, so I wasn't harrassed by anyone. It was a earlier time, and I saw what happened to people who didn't conform to the masculine ideal. It wasn't fair, and it made my life a lot harder than it should have been. "
Look around at the various school shootings, and you'll find that an uncommonly high percentage of them can be traced to anti-gay bullying. Targets of that abuse can feel they have nowhere to turn but violence.
I lived in Iowa for several years, and yeah, I'm gay. I blended in; I wasn't "metro" like Apel, so I wasn't harrassed by anyone. It was a earlier time, and I saw what happened to people who didn't conform to the masculine ideal. It wasn't fair, and it made my life a lot harder than it should have been. "
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g m s wrote on Feb 15, 2008 12:50 PM:
In all seriousness though, Yordi was stupid, realizes he was stupid, and that should be enough. If we prosecute everybody who calls somebody else a name, we will all be locked up. I am a Wartburg grad, and not that long ago..
And the whole 'likely to cause a violent reaction' is so subjective and, forgive me lack of eloquence, a bunch of crap. If the guy was not a homosexual, this case would have no bearing. I am not anti-gay, nor am I pro-gay. No class is supposed to have rights above another, this includes giving homosexuals special protection. I know I sound like a bigot, but it is because of the case, not because of the sexual orientation of Mr. Apel. If the complaint would have been raised by a heterosexual student, I would still argue the case is without merit. "