Shiva enters not guilty plea after judge finds probable cause for felony charges

The case against suspended UW-Madison freshman Alec Shiva, 18, of Verona, will continue after Judge Valerie L. Bailey-Rihn found probable cause Tuesday for three felony charges against the student.

Shiva charged with felony counts of false imprisonment, strangulation and second-degree sexual assault, appeared at the Dane County Courthouse Tuesday morning with his attorney, Robert Hurley.

UW-Madison Police Department detective Marshall Ogren was the only witness called at the hearing. Ogren detailed his report and interview with the alleged victim 90 minutes after the reported attack.

Ogren said the girl returned to Sellery Residence Hall with Shiva following a rally where the defendant then forced her into his dorm room and dead-bolted the door.

Shiva reportedly then told the girl, “I’m going to rape you now, is that OK?”

Ogren told the court that during his interview he noticed “light redness” on the victim’s neck where Shiva reportedly attempted to strangle her.

During cross-examination and final arguments, Shiva’s defense attorney questioned the defendants ability to imprison the girl as she was able to escape when Shiva was startled by a knock at the door. Additionally, he questioned if Shiva was capable of forming “intent” needed to be charged with second-degree sexual assault.

“We have testimony today that Mr. Shiva was incoherent, paranoid and incomprehensible due to his intake of substances,” Hurley said. “The defense is arguing that, based upon the witness testimony that he was incoherent, he could not form the reckless intent.”

However, Judge Bailey-Rihn found that there was probable cause that the felonies had been committed.

Hurley entered a not guilty plea for his client and the case will proceed to trial.

UPDATE Dec. 28 10:56 a.m.: This article was update to adjust language used.