Although scheduled to return to court on Feb. 8 after being charged with first degree sexual assault and first degree unlawful restraint on Oct. 31 in Middletown, John O’Neill, 21, of Yorktown, N.Y., did not appear in court this Tuesday. A letter from his attorney Eugene J. Riccio to the Middletown Superior Court said that Riccio would be unable to attend on Feb. 8 due to a scheduling conflict. O’Neill’s next court appearance has been moved to Tuesday, Feb. 15.

Lieutenant Heather Desmond of the Middletown Police Department confirmed that O’Neill’s alleged crimes took place at 184 High St., the location of the Beta Theta Pi fraternity house.

A protective order has been issued against O’Neill to stay away from the female victim, whose identity has been withheld, wherever she resides, and “remain off of Wesleyan University grounds,” according to case documents.

O’Neill was arraigned on the morning of Jan. 4 and taken into custody with bond set at $250,000. He was released from custody on a surety bond later that afternoon.

An all-campus e-mail sent on Jan. 5 confirmed that a non-student had been arrested in the investigation of a reported case of sexual assault at the Beta house.