Clayton charges up in air

? Kansas State University police on Tuesday turned the report of running back Thomas Clayton’s arrest over to prosecutors, who will decide what – if any – charges to file.

Riley County Attorney Barry Wilkerson said he received the report shortly after noon but would not be able to review it until Tuesday night because of a heavy caseload. Clayton’s first appearance in District Court was set for 1 p.m. Oct. 3.

The junior, whose 164.5-yard rushing average leads the nation, was arrested Friday on a complaint of aggravated battery against a university parking employee. A parking official said Clayton was driving away to avoid having a wheel boot placed on his car to immobilize it because of a violation.

A charge of aggravated battery would require physical contact, Wilkerson said – but it was still unclear Tuesday whether Clayton’s car hit employee James A. Seymour. Police would not release witness statements, and Seymour, 44, of Manhattan, declined comment.

Jeff Barnes, the university’s assistant director of parking services, told The Topeka Capital-Journal that Clayton’s vehicle had hit Seymour. Barnes told the Associated Press on Tuesday that he stood by those comments, but refused to repeat them.

“I can’t say anything more, because of the hate mail I’ve been getting,” Barnes said.

The public portion of the police report indicated that Seymour was not injured.

Clayton had been expected to attend the Wildcats’ weekly news conference Tuesday, but coach Bill Snyder made a late decision to hold him out.

“It was my intent for him to be here, and Thomas was on board with that,” Snyder said. “But because this hasn’t been settled yet legally, we’ll wait until that takes place. His not being here is not his doing at this time. It’s mine.”

As he did Monday during the weekly Big 12 conference call, Snyder defended Clayton as “a good young person” while refusing to say whether he would start or play Saturday in the Wildcats’ home game against North Texas.