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Nagel pleads guilty

June 10, 2018
Katie Mullaly - Register Staff Writer , Faribault County Register

A plea of guilty has been entered by Dalton Nagel, 18, of Blue Earth, after months of court delineations regarding his involvement in an October 2017 assault which took place at a house party in Winnebago.

Nagel was seen in Martin County's District Courthouse on June 4, however the case is still a Faribault County District Court case.

In his plea hearing on Monday, Nagel pled guilty to third degree aiding and abetting resulting in substantial bodily harm, a felony, as well as a gross misdemeanor criminal sexual conduct in the fifth degree, nonconsensual sexual contact.

Nagel is one of four teenagers from the Faribault County area involved in this specific case, but was first to face the courts with a plea hearing.

He testified he and three other classmates, including Wyatt Eugene Tungland, 18, of Elmore, and two minors noted as C.R.O. and B.J.B. in police documentation, had been drinking, when he held the victim of the assault down while others punched him until he was unconscious.

Nagel testified that he only held the victim down while the other teenagers were the ones who struck the victim, however, he admitted to dropping his pants and rubbing his exposed genitalia on the unconscious victim's face.

An amended criminal complaint from the Winnebago Police Department confirms this. The police report states "C.R.O. admitted that he, Tungland, Nagel, and B.J.B. hit C.C.H. (the assault victim) in the head and face with open and closed fists. He admitted C.C.H. tried to get up, but they pushed him back down and continued to hit him. While C.C.H. was unconscious, Nagel dropped his pants and caused his scrotum and penis to touch C.C.H. on the face and mouth, commonly referred to as 'tea bagging.'"

The report was made by Officer Jacob Pettit of the Winnebago Police Department.

The report also indicates that the victim had been in dispute with B.J.B. before the night in question but was still invited to the party where the incident took place.

"During the party, he was attacked," reads the amended police report. "The victim recalled being pushed down and punched in the face. He became unconscious. The next day, his face was swollen and bruised."

Nagel stated at least one of the members involved in the assault filmed it on a cell phone, however, according to Officer Pettit's police report, it was "filmed but others have caused the film/photographs to be destroyed or lost."

According to court documentation, Nagel and his attorney discussed the case with one of the prosecuting attorneys and that both attorneys agreed that if Nagel entered a plea of guilty, he would be charged with one count of felony aiding and abetting of assault in the third degree and one count of gross misdemeanor criminal sexual conduct in the fifth degree.

A stay of imposition may be put in place, which would require executed jail time not to exceed 15 days and Nagel could potentially receive credit for good behavior. He would also receive credit for three days already served as well as school and work release.

Nagel will also be held responsible for completing a psychosexual evaluation and follow all recommendations that come from the court.

A presentence investigation has also been put in place. Nagel faces up to five years in prison, a $10,000 fine, or both. His sentencing is set for July 8, at 8:30 a.m., with Judge Michael Trushenski presiding.

Wyatt Eugene Tungland, 18, of Elmore, also allegedly involved in the assault, will be facing the court in a contested omnibus hearing scheduled for July 27.

The two minors involved in the incident will presumably be facing the court in the near future, but due to their minor status, that information is not available to the public.

 
 

 

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