Assault case against BYU track star dismissed

PROVO — The case against a Brigham Young University track star accused of attacking a pedestrian with a mop has been dismissed.

Kyle Perry, 23, was arrested June 14 for allegedly attacking a pedestrian who was pulling a bucket on wheels through a crosswalk on Center Street.

Perry was later charged in 4th District Court with a third-degree felony of aggravated assault, although friends, family members and coaches maintained the incident didn't happen the way police say it did.

And after part of a preliminary hearing Tuesday afternoon, prosecutors asked that the case be dismissed, and Perry left the courtroom with his fiancee, father and attorney — each greatly relieved to put the case behind them.

Perry said he was grateful to everyone who "believed in my character and believed I didn't do what (was reported)," he said.

Now, the All-American is focusing on getting married next week to Julianne Hoeger, then training for the 2008 Olympics.

He runs the 1,500 meter and the mile — each in less than four minutes.

During the preliminary hearing Tuesday afternoon, Thomas Wellington, the alleged victim, took the stand and explained what he thought happened, although during cross-examination he began to question the attorney's motives. He left soon after his testimony.

"There are many things about testifying in court that can be disconcerting to individuals," said Utah County prosecutor Curtis Larson. "This particular case caused Mr. Wellington to consider his interest in considering the case and he decided that it would be in his best interest to have the case dismissed."

Wellington was also concerned and didn't want to "ruin Perry's life," Larson said.

Perry and his attorney, Jim Bradshaw, had no objection.

"Obviously we're very pleased with the result," Bradshaw said.

Bradshaw said discrepancies in the situation were from eyewitnesses who only saw parts of the event. The confrontation occurred after Perry's car nearly struck Wellington, and Perry got out of the car.

Some witnesses said they saw Perry push Wellington into a flower planter, which Perry did, but only in defense, Bradshaw said. He said that was after Wellington hit him with a telescoping pole from his bucket of window-washing tools — not a mop.

"They didn't misrepresent," Bradshaw said of the eyewitnesses. "They just didn't see the whole picture."