5/13/20 Purdue Police Department

A Purdue student has been charged with a misdemeanor count of battery after two Earhart Dining Hall supervisors allegedly tried to prevent him from taking an entire dessert and he pushed one of them down.

The supervisor he allegedly pushed was pregnant, and when Purdue police officers arrived, they found her crying, holding her stomach with Braxton-Hicks contractions, according to the probable cause affidavit filed this week.

Erick Nicolas, 19, had taken "an entire cake" from the dessert service line and was walking away with it about 8 p.m. Dec. 12, the female employee told officers. She stopped Nicolas and told him he could not take the entire dessert "because it wasn't fair to the other guests." Nicolas refused to provide an ID and continued to walk past her.

The pregnant employee then began to take a cell phone photo of Nicolas, who then "pushed her with two hands, causing her to fall into the stand of cups and to the ground," the court record says.

The other supervisor told police he unsuccessfully tried to grab Nicolas' jacket.

Officers checked meal swipes and security camera footage and identified Nicolas, whom they found sitting with friends in a community area of Honors College North.

"Nicolas stated the dessert bar was serving banana cream pie. Nicolas stated he took a slice and enjoyed it," the officer wrote in the police report filed in court. "Nicolas stated he went back to the dessert bar and took the entire pie. Nicolas stated he was intending on taking the pie back to his seat to share with his friends."

Nicolas told officers a "lady worker" grabbed his arm to get his attention but later said he did not know she worked there. He lied to her about not having his ID "because he was scared."

"Nicolas stated he ran toward the exit and he saw (her) fall to the ground. Nicolas claimed he did not touch" the woman, the officer wrote. "I advised Nicolas that I had never claimed he had touched" her.

Nicolas, who also told police he did not know the employee was pregnant, has an initial hearing scheduled for next month, according to court records.

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