Judge denies motion to drop charge

Local News

A Faribault County judge says a Blue Earth teen must face an assault charge stemming for the allege beating of a former football teammate last October in Winnebago.

In a three-page omnibus order, Judge Douglas Richards denied defense attorney Michael Kircher’s motion to have a charge of aiding and abetting third-degree assault against 18-year-old Dalton Nagel dismissed.

Richards says there’s “probable cause” to believe Nagel committed the crime and to believe the crime charged in the complaint took place.

“It is fair and reasonable, given the facts disclosed by record, to require the defendant to stand trial,” Richards wrote.

At an omnibus hearing last December, Kircher argued the victim did suffer a concussion at a house party on Oct. 19 as alleged. Rather, he sustained the injury during two weeks of practice and playing in three games.

Kircher says nearly three weeks went by before the victim sought medical attention.

However, Richards says investigation reports and documents submitted by Winnebago police contradict Kircher.

“The Florence packet contains a medical report whereas the doctor opines that the victim suffered a concussion as a result of the October assault,” Richards wrote.

Richards says because no witnesses were interviewed at the December hearing, claims by the defense that conflicting statements were given to police cannot be assessed.

“It is the duty of the jury to determine the credibility of witnesses and to determine the facts,” says Richards.

Former County Attorney Troy Timmerman, who has assumed his duties as judge, has recused himself from the four cases related to the alleged assault.

A March 6 arraignment hearing has been scheduled for Nagel in Faribault County District Court before Martin County Judge Michael Trushenski.

Wyatt Tungland, 18, of Frost is slated to appear April 6 in Faribault County District Court for a contested omnibus hearing before Trushenski.

Tungland has been charged with third-degree assault and aiding and abetting third-degree assault.

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