An Iowa State basketball player was arrested on Dec. 24 at Hardee's restaurant, 309 S. Duff, after allegedly assaulting an employee of the restaurant.

Travis Damonte Spivey, 20, 5345 Larch Hall, was charged with simple assault and public intoxication, said Ames Police Sgt. Randy Kessel.

Kessel said Ames Police received a call from Hardee's employee Larry Dobson at 2:21 a.m. reporting "unruly customers."

Hardee's District Manager Bill Gilbert said Spivey, fellow ISU basketball player Michael Nurse and three other men were being disorderly in the restaurant. He said the three other men complied when asked to leave, but Nurse and Spivey did not.

Arresting officer John Nordyke said he walked into Hardee's and saw Spivey swing at and strike the clerk behind the counter.

"I was 15 or 20 feet away, but from my angle it looked like he hit him in the face," Nordyke said.

Nordyke then seized Spivey and took him to the Ames police station, where he spent four hours in custody. Nurse was not arrested.

"I had no idea these guys were ISU basketball players when I walked in there, but it wouldn't have made any difference," Nordyke said.

The allegations against Spivey were labeled simple assault because no blood resulted from the punch, Nordyke said. He said the injured clerk did not require medical attention.

"[Spivey] smelled like and he acted like he was under the influence of alcohol," Nordyke said.

After being tested, Spivey also was charged with public intoxication.

Spivey, sophomore in general undergraduate studies from Myrtle Beach, S.C., was a starting point guard for Georgia Tech last season. He transferred to ISU this year and is sitting out this season.

Tom Kroeschell, assistant athletics director of media relations, said because of the Dec. 24 incident, Spivey was suspended from the team following his arrest. Spivey has now been reinstated and is filling his former position on the team, he said.

"But Coach [Larry] Eustachy said that Travis' playing status for next season is still to be determined," Kroeschell said.

Before Eustachy reinstated Spivey, he sought advice from one of Spivey's former coaches.

According to an article in The Des Moines Register, the day Eustachy announced Spivey's reinstatement he spoke with Joel Hopkins, who coached Spivey at Mount Zion Christian Academy in Durham, N.C.

"The main thing we have to do is get Travis back in church. That's what helped him before. We have to get him to that foundation — back with the Lord," Hopkins said in the article.

Spivey lived in a religious household with Hopkins and his family, according to the article.

Athletics Director Gene Smith was not available for comment.

Gilbert, Hardee's district manager, said student-athlete misconduct is becoming more noticeable in Ames.

"It's unfortunate that individuals provided the privilege and honor of being student athletes act in such a manner," Gilbert said. "Although not indicative of the behavior of the vast majority of athletes at ISU, this has become a growing problem in our community.

"Our primary concern at Hardee's is for the safety and security of our employees," he said. "It is our position to take whatever steps necessary to achieve this."

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