Miami University Football Player Faces Assault Charges

BY MAGGIE THOMAS and MARIAH SCHLOSSMANN
Miami University journalism students

A Miami University football player is scheduled to be in court Thursday to face charges of felonious assault.

Senior Zach Smierciak, 22, was arrested Nov. 6 at 1:35 a.m. after he was kicked out of Brick Street bar, 36 E. High St. in Oxford. While exiting, Smierciak pushed a Brick Street employee off a ladder in front of the bar and fled the scene, according to an incident report from the Oxford Police Department.

After the incident, Smierciak was suspended from Miami's football team, although his name remains on the roster as a defensive player with junior standing. He was named MAC East Defensive Player of the Week last month, his first time receiving the honor. Miami's web site lists him as a senior engineering management and pre-med student.

According to OPD, Smierciak ran from Brick Street after pushing the ladder, and headed North on Poplar Street. He was tackled by Brick Street employee David Ortner in front of the Wood’s bar, 17 N. Poplar St., and then handcuffed by OPD. Smierciak smelled of alcohol, slurred his speech, and had poor balance when arrested, the OPD report said. Smierciak was taken to the police station where he was processed, and then was taken to the Butler County Jail.

The victim, Robert Null, was standing on a 10-foot ladder when he was pushed off by Smierciak, the OPD report said. Null was taken to McCullough-Hyde Memorial Hospital in Oxford to be treated, but later was flown to University of Cincinnati Medical Center due to the severity of his injuries.

Smierciak's attorney said his client waived his right to an arraignment last week.

“Things can really go either way, and we aren’t sure what to expect,” said Neal Schuett.

The Thursday hearing will determine whether Smierciak will be charged with a felony or misdemeanor. If declared a felony, the case will go to a jury in Butler County Common Pleas Court in Hamilton. If Smierciak's offense is declared a misdemeanor, the case will remain in the court in Oxford.

Five witnesses have been subpoenaed for Thursday’s hearing. Besides Null, the others include Jacob Hayes, Mark Ledermeier, Nicole Ortner and David C. Currier Jr.

Hayes and Ledermeier are the OPD officers who responded to the incident. Ortner is an employee at Brick Street, and Currier was a bystander at the scene.

The Thursday hearing is at 118 W. High St., site of Butler County Area I court.

Photo: Zack Smierciak will face assault charges in court on Thursday. -- Contributed by Miami University