Prosecutor: 'There will be charges'

Associated Press
RAPID CITY, S.D.– A Valley City State basketball player will be charged with assault for throwing an elbow that gave a South Dakota School of Mines & Technology player a concussion and 14 stitches, a prosecutor says.
Investigators are still working on a report in the case, said Pennington County state's attorney Glenn Brenner said, and he will wait until it is finished before filing a charge of simple assault against Matt Klabo of Garrison, N.D.
Simple assault is a Class 1 misdemeanor with a maximum penalty of one year in jail and a $1,000 fine. The charge could be filed next week.
Brenner said he made up his mind after seeing videotape of the Friday night incident in a game between Tech and Valley City State of North Dakota.
"I've seen the tape. There will be charges. That's 100 percent," he said. "Unequivocally, there will be charges. I believe it indicates very clear assault."
Brenner said it will be the first time he has filed an assault charge from an athletic contest. The videotape will be the key piece of evidence, he said.
"We're fortunate in this particular case because a jury will be able to make an independent determination based on a videotape," Brenner said. "It's a luxury we don't have in other cases."
With about 11 minutes left in the Tech-Valley City State game, Klabo, a 6-foot-7 senior, hit 6-8 Tech senior Korey Kirschenmann in the face with his elbow. Kirschenmann fell to the floor and received a concussion and a gash below his left eye.
Initially, Tech officials said Kirschenmann received 27 stitches. On Wednesday, Coach Hugh Welsh told the Rapid City Journal the player actually had 14 stitches.
Klabo was tagged with a flagrant foul and was ejected