New hearing held for the Kimithi case

Former SJU student Brian Kimithi is seeking to have sexual assault charges dropped, citing a lack of evidence.

Kimithi, who filed the motion Feb. 23, was charged last month with both first-degree and third-degree criminal sexual conduct after being accused of raping a CSB woman as she slept in her dorm room.

Kimithi’s public defender Attorney Meghan Bork did not respond when asked to comment.

“There is no probable cause to believe the defendant committed the offense charged in the complaint,” Bork wrote in the filing.

Bork also motioned for a bail reduction and the release of Kimithi from jail until his trial and challenged probable cause for the Blakely Motion, which protects the defendant’s right to a trial by jury in the case of an aggravated charge.

On Feb. 9, a few weeks after Kimithi’s arrest on Jan. 29, Associate Provost for Student Success Mary Geller sent out a schoolwide email regarding the alleged assault, stating that CSB+SJU has made several changes to ensure student safety on campus, including limiting student employee access and establishing a task force, though no such updates have been provided on a task force.

Geller also urged students to take safety precautions and hold each other accountable.

A second St. John’s student, John Kocher, was charged with sexual assault in Stearns County District Court on Feb. 20.

CSB+SJU students said they have mixed feelings about the recent communications from President Brian Bruess and other administrators about the alleged assaults.

CSB senior Rylie Owen said they think the administration should be doing more.

“I definitely don’t think [administration] is doing enough. The recent email rejected gender-based violence on our campuses, but I think it happens quite often… there’s a reason Bennies don’t go [to SJU] at night and I don’t see the school doing enough to help with that,” Owen said.

CSB senior Ava Adair said she feels that adjusting Link busing policies and other transportation between campuses could be a contributing factor in preventing other incidents.

“As a senior at CSB, I’ve seen women countless times feel obligated to let male students into their dorms if they miss the bus at night. This places a certain level of responsibility onto the women, where we feel we must let them into our dorms just for the night out of guilt or wanting to ‘be nice,’” she said. “I worry now, after recent events, that male students with bad intentions could use missing the bus as a way to harm Bennies or gain access to halls where they’re not usually supposed to be.”

“If there were new practices with bus schedules or Security offering no questions asked rides back to SJU, this wouldn’t need to happen. Due to the bars being [in St. Joe near] CSB, this is a constant issue that should not be ignored any longer,” Adair said.

Others feel that the administration is doing the best they can under the circumstances.

“[Administration] has done what they think is right, according to their own policies. And, of course, they can’t give us more information because it’s still an investigation, and for the victim’s privacy… it’s a tough situation, and I hope she is getting the help she needs, and the resources from the school and outside,” SJU junior Gael Manzi said. “It’s an incident that doesn’t reflect the community and it’s going to put a stain on the community, just as students, but also outside of the school.”

In the days following the assault, racist comments were made on anonymous student platform Yik Yak regarding the defendant’s skin color.

Kimithi is Black.

Shortly after, on Feb. 12, Senior Diversity Officer Sandra Mitchell-Goode sent an email addressing “ongoing racist behavior” at CSB+SJU.

Despite mutual communications, Mitchell-Goode did not respond to The Record with an on-the-record statement in time for the print date.

CSB freshman Jocelyn Guevara said that she believes that the recent racism is due to this sexual assault and Kimithi’s race.

“It goes back to characterizing people of color as criminals when obviously that’s not true. We’re not all criminals,” Guevera said.

CSB senior Brynn Bossen said she’s disappointed by little transparency and communication from the administration.

“There is a lack of willingness to openly address what has occurred and articulate a plan to correct it. While the new campus safety measures are a start, they are reactive rather than preventative,” Bossen said via email. “Going forward, the administration must commit to more than damage control, such as bystander intervention training, clearer reporting pathways and regular, transparent communication with students. We deserve to know that leadership is not simply reacting to crises but working to prevent them from occurring in the first place.”