Arrests were made in two separate incidents this weekend involving two Ball State fraternities.
Members of Sigma Phi Epsilon, 1515 W. Riverside Ave. were attacked with a large can of pepper spray, while a member of Sigma Alpha Epsilon, 909 W. Riverside Ave., was attacked with a retractable baton, police reports say.
SIGMA PHI EPSILON
Police reports indicate James R. Erath, 21, Carmel, was arrested Sunday at 1:32 a.m. outside Noyer Complex near the Emens Parking Garage on two charges of battery, reckless possession of paraphernalia and public intoxication.
Erath, in an interview Monday, denies that he was even arrested, as the police report says. He said he had not been in Muncie in over a year and that he had his identity stolen.
Erath's mother said her son had recently lost his driver's license and an identification card. She also said she thinks Erath had to work Saturday night and was home at the time of the arrest.
Delaware County Jail officials say Erath was released Monday.
Police reports said Erath went to Sigma Phi Epsilon and asked people to buy him alcohol. After members gave Erath directions to the closest liquor store, he then tried to walk into the fraternity house. Several of the fraternity members then apparently asked Erath to leave.
Erath apparently became argumentative with people at the house. Fraternity member John Darling, who confronted Erath after watching him stumble across Riverside Avenue, said he told Erath he needed to leave if he was going to act stupid.
Erath then pushed Darling and asked him if he was going to make him leave, police reports say.
"I told him if I had to, I will," Darling said.
Erath then pulled out a 12-inch can of pepper spray and sprayed several of the people standing near the side of the house, reports said. Two people were taken to Ball Memorial Hospital to be treated for chemical burns.
"It stung until this morning and my hands are still a little warm," said Jarrod Fleming, a friend of one of the fraternity members who was sprayed.
After spraying the people, Erath ran across Riverside Avenue toward the Noyer Complex, according to reports.
Marques Keys, another member of the fraternity, said he then chased Erath. Erath stopped outside of Noyer and threatened to spray Keys with the pepper spray.
Keys picked up a cinder block on the ground when Erath threatened him, Keys said.
"Basically, the block was in my hand for my own protection," Keys said. "I was just using it for intimidation."
University Police officer Brad Tucker arrived on his bike and pulled out his gun, ordering Keys to drop the cinder block, police reports said. Keys did so without hesitation and Tucker put him in handcuffs. Tucker also ordered Erath onto the ground.
Keys explained the incident to Tucker, who received a radio call about it, Keys said. Tucker then arrested Erath and uncuffed Keys.
SIGMA ALPHA EPSILON
Muncie police arrested Andrew C. Talamantez, 20, 136 E. Corwin, Fort Wayne, at 12:50 a.m. Sunday near the Sigma Alpha Epsilon house on charges of battery with injury and public intoxication.
According to police reports, Talamantez hit Jonathan H. Roberts, 18, 909 W. Riverside Ave., with an ASP-style retractable baton on top of his head, leaving about a 2-inch cut. Roberts was taken by EMS to Ball Memorial Hospital for treatment.
Talamantez could not be located. Roberts did not return phone calls.
Police said they had answered a call about a dispute on the fraternity's lawn earlier in the night that involved Talamantez, his brother, Brandon, one of their friends and members of Sigma Alpha Epsilon. At that time, the members wanted the Talamantez brothers and their friend to leave.
Roberts said he was on the first landing of the staircase in the house when he saw Talamantez pushing a girl. Roberts told Talamantez to leave, according to reports.
A fight broke out during which Roberts was hit over the head with the baton, Roberts told police.
Brandon Talamantez told police he was leaving the house when he looked back and saw his brother falling down the stairs. Andrew Talamantez landed on top of Roberts, who was lying on the floor at the foot of the stairs and bleeding, reports said.
Roberts told police the person who hit him was wearing a red shirt. Talamantez had a red shirt tied around his neck.
When police arrested Talamantez, they noticed a dried red stain on his pants and blood on his hands, reports said.
Brandon Talamantez told police the blood on his brother was from landing on top of Roberts at the bottom of the stairs.
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