Trial for fatal hit-and-run of ISU student delayed for third time

AMES - The trial for the CyRide bus driver accused of striking and killing Iowa State student Emmalee Jacobs of Urbana in a December hit-and-run has been delayed until July 12.

Benjamin D. Clague, 23, of Gilbert, was arrested Jan. 20. He was charged with leaving the scene of a personal-injury accident and failure to obey a traffic control device.

He pleaded not guilty in February in Story County District Court.

According to court documents, the trial originally was set for April 5. It now has been delayed three times.

A motion was filed last week by Assistant Story County Attorney Jessica Reynolds to delay the trial. That motion was granted Tuesday by District Associate Judge James Malloy, court documents show.

Jacobs, 18, was struck by a CyRide bus as she crossed Ash Avenue at Lincoln Way just after 7 a.m. Dec. 14. It was dark and rainy at the time, and no surveillance cameras in the area caught an image of the accident.

Police spent days interviewing people, checking area auto body shops and asking for the public's help to solve the case, fearing it could go cold as students packed up and left for the holiday break.

According to Ames Police Cmdr. Jason Tuttle, a CyRide supervisor reviewing bus videos came across a 'concerning video” and was able to identify the driver as Clague.

Tuttle said Clague was driving westbound on Lincoln Way and made a left turn onto Ash Avenue against a flashing yellow arrow when the bus struck Jacobs.

Police asked CyRide for videos from buses in the area that day, but police did not have audio from the recording.

It wasn't until the CyRide supervisor reviewed it later with the audio and heard a loud noise that police suspected the bus was involved.

According to court documents, a pretrial conference has been set for June 28.

If convicted, Clague, who is free on bond, could be sentenced to five years in prison.