An Augustana University football and baseball player was arrested early Saturday on several charges, including first-degree burglary.
According to jail records, Peyton Zabel was booked into the Minnehaha County Jail at about 6 a.m. Saturday and was charged with first-degree burglary, disorderly conduct and underage possession of alcohol. Those charges were later amended to four counts of first-degree burglary and one count of simple assault.
Police say Zabel, 19, was arrested after he drunkenly walked into a woman’s unlocked room at 4:30 a.m. Saturday on the Augustana campus in the 2300 block of South Grange Avenue and got into her bed. The victim, 18, told police Zabel grabbed her, police spokesman Sam Clemens said.
After a struggle, Zabel let go, and the victim went to a friend’s room to call police, Clemens said. The victim didn’t know it was Zabel during the incident, but Clemens said the two know each other.
Augustana University athlete Peyton Zabel was arrested Saturday morning and charged with first-degree burglary. (Photo: Minnehaha County Sheriff’s Office)
When authorities arrived, Zabel was passed out in the bed, Clemens said. Zabel woke up in a hospital room and told authorities he didn’t know what had happened. Clemens said Zabel had a PBT of .163.
There was no sign of forced entry in the victim’s room, Clemens said. The woman was not hurt.
At his initial court appearance on Monday, Judge Sara Pokela gave Zabel a $5,000 cash or surety bond, which his attorney Clint Sargent did not contest. His preliminary hearing will be held within 15 days.
Suspended from athletics
A Pierre native, Zabel committed to Augustana in 2018 after turning down an opportunity to play professional baseball for the Milwaukee Brewers. Zabel has pitched in two games for the Vikings this season and is also a quarterback.
Augustana’s Office of the Dean of Students released a statement about the arrest:
“Augustana University is investigating the incident that took place the morning of May 11 and is currently working with the authorities regarding the matter. The university does not comment on the specifics of individual student cases due to federal student privacy laws but adheres to a code of conduct for its students. Per the Augustana University Code of Conduct and the Athletic Code of Conduct, the student-athlete is suspended indefinitely from all athletic activity until the investigation is completed.”
Why a burglary charge?
First-degree burglary is a class 2 felony in South Dakota, punishable by up to 25 years in prison and/or a $50,000 fine.
Under South Dakota law, burglary is defined as entering an occupied structure with the intent of committing a crime. In Zabel’s case, that crime is alleged to be simple assault.
Clemens said the woman was not hurt, but was “very upset” by Zabel’s presence in her room.
The burglary charge was made at the discretion of the arresting officers, Clemens said, and could be amended by the state’s attorney later on.
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