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Nagel’s lawyer tells another side of story

By Staff | Dec 24, 2017

Dalton Nagel, 18, of Blue Earth, was seen by Faribault County District Court with regards to an altercation at a house party dating back to October. His omnibus hearing took place last Monday morning in Faribault County District court.

His attorney requested Judge Douglas Richards to review the reports and interviews brought forth by the state. The issue, according to Nagel’s attorney, was probable cause.

“The original report indicated this boy was held down and beaten on a couch and held there. That is not accurate. Those are not the facts as they stand,” stated Michael Kircher, Nagel’s attorney.

Kircher went on to say that a black eye does not substantiate great bodily harm. He stated that a concussion may be substantial bodily harm, but to establish substantial bodily harm, the act or person has to cause the harm.

The attorney went on to say that who hit the victim and how the concussion was established in the victim is unclear.

“Certain facts are clear,” stated Kircher. “We know the alleged victim attended a party late Oct. 18 or early in the morning on Oct. 19. The alleged victim arrived or left and came back drunk. These boys attempted to hold him, to not let him outside or to keep him quiet with the parents of the party still home and asleep.”

Kircher then described that a photo was viewed of the victim the next day, allegedly, of a selfie stating “I’m still hammered.”

The attorney for Nagel then explained that Nov. 6 was when the victim sought medical attention for the concussion which, according to Kircher, was after the victim played football on Oct. 17, 19, 20, and played an entire game on the 24th, the 28th and Nov. 3.

“This all occurred before he sought medical attention,” said Kircher in Faribault County District Court. “On Oct. 28, the alleged victim played in a football game where he was hit so hard, his helmet cracked and broke. He did not report this to anybody, but bragged to teammates.

“If the actions of the accused happened, there has to be cause. There is nothing in the evidence that says the young man lost consciousness due to being struck at this party. This concussion is not necessarily from that incident. There is no evidence that can prove the concussion was a result of this altercation. Oct. 28 was when he played football and was taken to the hospital on Nov. 6. There is no evidence to support these charges,” the lawyer said.

Assistant County Attorney, Graham Berg-Moberg replied to Kircher’s statement by saying the diagnosis from the doctor in the reports stated it was a direct result of that specific incident.

“The victim says he lost consciousness. He was punched repeatedly in the head. Police, medical, and witness reports support this,” said Berg-Moberg.

Judge Richards then stated the court would make a decision in writing after a Florence packet would be submitted by the attorneys.