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UPDATE WITH PICTURE: Wartburg quarterback, victim testify in slur case

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buy this photo Wartburg quarterback Nick Yordi listens to a question from Prosecutor Jill Dashner during his misdemeanor trial on disorderly conduct charges Thursday.<br><i>ROLAND FERRIE / Wartburg College</i>

WAVERLY -- The Wartburg College quarterback accused of uttering an anti-gay slur and the classmate who was the target of the remark testified Thursday in Bremer County Court.

Nicholas Yordi, a 19-year-old college sophomore from Solon, claimed he was simply being a "dumb college kid" when he shouted a derogatory name out of his dormroom window at a passerby on Oct. 8 or 9.

Yordi, who said he sometimes yells at passerbys for amusement, also said he didn't immediately recognize the passerby, Wartburg junior Joe Apel of East Dubuque, Ill. Apel identifies himself as an openly gay man.

"Didn't mean anything by it," Yordi said. "Never have. Just getting a good laugh out of it."

Prosecutor Jill Dashner, the Bremer County assistant attorney, argued that Yordi intentionally targeted Apel and used a whole stream of obviously offensive and vulgar words.

"This is the type of thing that causes people great stress and anger and could actually cause a violent reaction," Dashner said.

She also questioned Yordi's assertions that he was unaware of Apel's sexual orientation.

Yordi is charged with disorderly conduct, a simple misdemeanor. The charge alleges the defendant uttered abusive epithets that were likely to provoke a violent reaction from the victim.

Defense attorney Ryan Rasmussen entered a not guilty plea on behalf of his client on Oct. 15.

"Nick said something he shouldn't have," Rasmussen argued on 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."

Rasmussen argued that the state's case fails meet the conditions of disorderly conduct and asked Magistrate Ronald Pepples to acquit his client mid-trial.

Pepples denied the motion and testimony continued.

On Thursday, Apel told the court that he had nightmares because of Yordi's words.

"I felt completely anguished, like I had just been punched in the face," Apel said. " … And I still feel very anguished today."

Dashner asked the court to see the bigger picture. She argued that the circumstances and events leading up to the incident created a serious situation.

" … Joe Apel was walking alone on campus," Dashner said. "It was dark out."

Dashner also drew attention to the fact that the incident happened at time when campus activities were devoted to drawing attention to gay, lesbian, bisexual and transgender issues. She also noted that Apel, who at the time was in a diversity class with Yordi, had mentioned his sexual orientation in an online posting, part of a class assignment.

Yordi says he never read the online entry.

Pepples said he had 30 days to make a ruling and that an answer would likely come much sooner.

The disorderly conduct charge carries a penalty of up to 30 days in jail, a $625 fine or both.

Contact Karen Heinselman at (319) 291-1581 or karen.heinselman@wcfcourier.com.

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