Former Gophers QB Phillip Nelson arrested in his hometown of Mankato for assault

[josh087]

I think PN's attorney will make a compelling case, backed by witnesses & video, that IK suffered the serious brain injury when he cracked his head on the concrete, not from PN's shoe & that had PN understood how badly he was hurt he wouldn't have kicked him.

The problem with your (or possibly PNs attorneys') theory is that according to the police report the left side of IK's head is where preliminary reports indicate the skull fracture is. The videos of the alleged attack as well as the eyewitness testimony all point to PN kicking IK in the left side of the head. The police report also states that the Doctor attending to IK saying the injuries were a combination of the punch and the kick, without specifying one more significant than the other.

Based on what has been released and seen so far, it seems a very big stretch indeed (to put it kindly) to claim that the punch alone (or even significantly more than the kick) cased the serious brain injury to IK.

 

[Costa Rican Gopher]

Kolstad must've really let himself go, given that he played at about 230.

Was listed at 280lb in one of the reports.

 

[hyaluronic]

Not referring to this case, but if two people engage in a straight-up fist fight, and one person sustains injuries, then people think the other should go to jail?

It depends on the injuries and the circumstances.

Long story short, I was once involved in a group "fight", we had called the cops because of something they did prior to the fight breaking out, and one of the people in the other party ended up with fourth (?) degree assault charges, a gross misdemeanor. The punishment didn't match the crime, and when the arraignment came we did what we could to help him plead down to a lesser charge.

On a side note, one of the cops told us we should have beaten the s*** out of them (they were outnumbered, and the majority of us were trying to keep them there until the cops showed up for the initial transgression as opposed to actually fight). So there's that.

 

[Urbandale]

Look, I get this is a sad situation all around (not trying to downplay the seriousness of it either) and that Nelson's former time at Minnesota draws some additional interest, but wow some of you losers really need to get a life. By the looks of it, some of the "usual suspects" have been in this thread and replying to it practically all day yesterday and today. Seriously?!

My God, get a life and go do something productive. Get some exercise. Something! Just get off your damn computer or smartphone for a couple hours! No one needs you to play judge, jury, executioner, lawyer or a self-perceived subject matter expert. There are REAL people whose job that is who will be doing that in due time in accordance with the law.

Honestly. smh.

I've never understood why some people comment on a message board about how angry they are that people are commenting on a message board. I'm sure some of the "losers" who engaged in this thread, myself included, found time to engage in a satisfying day's work, went to the gym, ate a delightful supper with the family, helped the kids with homework, and even enjoyed some meaningful conversation with the spouse. A computer, in case you haven't heard, doesn't need to be monitored continuously for it to work. It's not a teletype machine.

 

[MNGoldenGophers1]

Not referring to this case, but if two people engage in a straight-up fist fight, and one person sustains injuries, then people think the other should go to jail?

It depends (legally speaking). If one person is no longer a threat (they quit, too exhausted to continue, injured and unable to keep fighting, etc.) and the other combatant also stops, then probably no regarding jail time. However if the other person continues to attack after the other person is no longer a threat, it is now an assault. If convicted of an assault and somewhat depending on the degree and other things like past criminal history, in most cases yes, they should go to jail.

 

[stocker08]

Unfortunately for Nelson, the damage was done. At this point, it doesn't really matter when the head trauma actually occurred, as you cannot prove one way or another whether it was the initial hit, the ground, or the kicks to the head that caused it. There is also no way of knowing whether the kicks to the head added any of the significant damage......but if significant head trauma had already occurred, it could be argued that the kicks amplified what may have been lesser damage.

In the end, Nelson was able to get up from the sucker punch and react, which somewhat lessens the self defense angle. I honestly wouldn't have blamed him for fighting back. However, he kicked someone in the head who was on the ground, presumably knocked out. There are not only eyewitnesses, but also video evidence. This was an unfortunate situation, and likely fueled by alcohol, but it happened. "It was a mistake" or "I didn't know" are not valid defenses.

 

[cncmin]

What a depressing, tragic story, reading the criminal complaint produced a slew of emotions. These incidents of drunken bravado are all too common. Experienced my share of situations not too different from these. Luckily for me, I guess, none ever escalated to quite this point. But it's not like a couple of crazy twists and turns might not have led there.

For example: Group of 4 friends got attacked by about 25 young men outside a bar in small town after one friend said "hey baby" to a girl outside the bar. They chased down our group with malice, we ran off, got cornered in our car, friend punched the gas and they backed away. What if one or more of the attackers didn't back away, though? So many other situations that could have ended terribly, and didn't; many of them at the U back in the day; because flight instinct was stronger than fight. In these guys the fight instinct was stronger, and costly in so many ways.

Obviously Nelson made a terrible choice. So did Isaac. So did the guy who floored Isaac before the kick. All 3 made life-changing decisions within about 10 seconds time that any single one of them could have avoided and they'd all have a full life to lead ahead of them except for the few minutes of hurt ego and swallowed pride. Life lessons needn't be learned this way.

No matter what happens in the criminal court, all 3 of these peoples' lives and all of their loved ones' lives are altered forever. Nelson went from star collegiate athlete to probable deserved jail time and scorn. Isaac may struggle to function in daily life, if he keeps his life. By the way, that he was out at 2 am partying and picking fights while his significant other was back home caring for a young one and nearly full-term with another suggests this guy is far less than the innocent bystander that sympathy for his injury may be masking in many observing this situation. Did he not have more important places to be? Clearly Nelson's transgressions have been discussed plenty here...stupid, stupid, stupid.

Ugh, what a mess. Selfishly, I'm glad that he transferred from the U before this.

 

[nsmike]

I've read an awful lot of Minnesota Case Law, for a non lawyer, so I have a bit of an understanding of the line between Self Defense and Assault. One tenant is that you can't start an argument and claim Self Defense if it escalates. It seems that Nelson may have started the argument. Another tenant is that your authorization to use force ends when a person is no longer a threat. Kicking someone when they're down and no longer a threat crosses the line. When a Self Defense claim isn't viable, then it's Assault, with the result of the Assault determining the degree. I can wait for the trial but at this point I think that the prosecutors have a strong case.

 

[cncmin]

The problem with your (or possibly PNs attorneys') theory is that according to the police report the left side of IK's head is where preliminary reports indicate the skull fracture is. The videos of the alleged attack as well as the eyewitness testimony all point to PN kicking IK in the left side of the head. The police report also states that the Doctor attending to IK saying the injuries were a combination of the punch and the kick, without specifying one more significant than the other.

Based on what has been released and seen so far, it seems a very big stretch indeed (to put it kindly) to claim that the punch alone (or even significantly more than the kick) cased the serious brain injury to IK.

The one girl witnessed that Nelson kicked the guy's head like a soccer ball, which is some extremely damaging testimony to go along with the doctor's report of injury on the left side of the head.

 

[Costa Rican Gopher]

The one girl witnessed that Nelson kicked the guy's head like a soccer ball, which is some extremely damaging testimony to go along with the doctor's report of injury on the left side of the head.

The same girl also said he was "out on his feet" & when he fell backwards, that he didn't get his hands out to brace himself so "smoked his head on the pavement". One punch ko's end in death more often than we think & it's almost always the result of the person's head smashing off the concrete because they're unable to get their hands out to brace themselves. I think the concrete is more likely the culprit than Nelson's tennis shoe. I really want to stress that I'm not defending the kick, but I also don't buy the idea that's he's some cold blooded killer either.

Thios is from the PiPress

"Nelson appeared in court Monday wearing an orange jail jumpsuit, with his hands cuffed and his ankles chained. Afterward, his attorney, Jim Fleming, said it wasn't certain who injured Kolstad and suggested that the man being sought by police "threw a debilitating blow to the victim."

 

[Triple D]

I think there is more to the story here that hasn't come out yet. For instance, can anyone explain how the unknown assailant in the torn red shirt who threw the sucker punch that knocked out the victim had his shirt torn, I haven't seen that addressed yet. So far the story reads that he moved in when IK was distracted by his friend trying to separate Nelson and IK, so how does his shirt get ripped? I guess we will find out when more video is released but until then I'm puzzled.

 

[Halsey Hall]

Who had just tried his best to physically harm Phil first. No way Phil knew the kid was out cold when he kicked him; not that he should have kicked him. Maybe Phil was staggered from the hit he took and not thinking quite right? I'll give him the benefit of the doubt.

Jesus God, help us all

 

[Halsey Hall]

Look, I get this is a sad situation all around (not trying to downplay the seriousness of it either) and that Nelson's former time at Minnesota draws some additional interest, but wow some of you losers really need to get a life. By the looks of it, some of the "usual suspects" have been in this thread and replying to it practically all day yesterday and today. Seriously?!

My God, get a life and go do something productive. Get some exercise. Something! Just get off your damn computer or smartphone for a couple hours! No one needs you to play judge, jury, executioner, lawyer or a self-perceived subject matter expert. There are REAL people whose job that is who will be doing that in due time in accordance with the law.

Honestly. smh.

Dude, ironic isn't it, but follow your advice and get off your computer

 

[Halsey Hall]

The details are starting to come out & that's a good thing. Instead of PN & his buddy attacking some innocent slob & then kicking his head in after he was obviously unconscious, it turns out a 280lb former college linebacker, sucker punched PN from behind so hard he floored him. Nelson obviously shouldn't have kicked the guy in the head, but it seems reasonable that he didn't observe IK & evaluate his condition before kicking him, but rather got himself up off the ground after getting blindsided & in a instinctual rage kicked the guy in retaliation. Again, I'm not saying kicking the guy in the head was ok. I am saying IK was a punk though. 280lb former college linebackers shouldn't be sucker punching people from behind outside of bars at 2am. Especially when they have a wife & baby at home, with another one due in a couple weeks. Sad story, lot's of stupid decisions made by all parties. I think PN's attorney will make a compelling case, backed by witnesses & video, that IK suffered the serious brain injury when he cracked his head on the concrete, not from PN's shoe & that had PN understood how badly he was hurt he wouldn't have kicked him.

Oh, OK, thanks for clearing that up. PN is innocent.

 

[josh087]

This is from the PiPress

"Nelson appeared in court Monday wearing an orange jail jumpsuit, with his hands cuffed and his ankles chained. Afterward, his attorney, Jim Fleming, said it wasn't certain who injured Kolstad and suggested that the man being sought by police "threw a debilitating blow to the victim."

What do you expect Phil's attorney to say?

Maybe it's just me - but instead of listening to a quote from the defendant's attorney, I instead choose to believe the doctor's statements, eyewitness accounts taken by police, and the video evidence the police viewed and entered their account of into an official police report of the arrest - all of which indicates the alleged blow to the left side of the critically-injured hospitalized man's head is where the skull fracture is, and that indeed Mr. Nelson allegedly kicked the victim in the left side of the head at least once, possibly twice.

Phil perhaps isn't the only one at fault in this alleged attack here, but make no mistake - all published reports to this point indicate that allegedly some degree of fault is with Mr. Nelson.

 

[Seany]

What a depressing, tragic story, reading the criminal complaint produced a slew of emotions. These incidents of drunken bravado are all too common. Experienced my share of situations not too different from these. Luckily for me, I guess, none ever escalated to quite this point. But it's not like a couple of crazy twists and turns might not have led there.

For example: Group of 4 friends got attacked by about 25 young men outside a bar in small town after one friend said "hey baby" to a girl outside the bar. They chased down our group with malice, we ran off, got cornered in our car, friend punched the gas and they backed away. What if one or more of the attackers didn't back away, though? So many other situations that could have ended terribly, and didn't; many of them at the U back in the day; because flight instinct was stronger than fight. In these guys the fight instinct was stronger, and costly in so many ways.

Obviously Nelson made a terrible choice. So did Isaac. So did the guy who floored Isaac before the kick. All 3 made life-changing decisions within about 10 seconds time that any single one of them could have avoided and they'd all have a full life to lead ahead of them except for the few minutes of hurt ego and swallowed pride. Life lessons needn't be learned this way.

No matter what happens in the criminal court, all 3 of these peoples' lives and all of their loved ones' lives are altered forever. Nelson went from star collegiate athlete to probable deserved jail time and scorn. Isaac may struggle to function in daily life, if he keeps his life. By the way, that he was out at 2 am partying and picking fights while his significant other was back home caring for a young one and nearly full-term with another suggests this guy is far less than the innocent bystander that sympathy for his injury may be masking in many observing this situation. Did he not have more important places to be? Clearly Nelson's transgressions have been discussed plenty here...stupid, stupid, stupid.

Ugh, what a mess. Selfishly, I'm glad that he transferred from the U before this.

So true. It is both stunning and sobering to think how many lives can be affected for the worse by just a moment or two in time. And you're 100% correct, it's just a horribly depressing story, so senseless, so stupid, and such a tragic waste.

I'm just praying for all of them really, most of all the victim's wife and children, and the victim himself, that he doesn't lose his life and doesn't sustain any kind of debilitating brain damage, and for Phillip Nelson, that he can live with himself after doing something like that, as that can not be an easy burden to bear for anyone with a conscience. I looked at his mug-shot which was posted much earlier in this thread, and wow, that looked like a face filled with pure shame, and rightfully so.

Anyhow, damn. What a drag.

 

[Costa Rican Gopher]

Oh, OK, thanks for clearing that up. PN is innocent.

Not sure how you could possibly think I'm saying Nelson is innocent? Just saying that this wasn't a random attack, this was a chaotic street fight. No one involved, including IK was innocent.

 

[Costa Rican Gopher]

What do you expect Phil's attorney to say?

Maybe it's just me - but instead of listening to a quote from the defendant's attorney, I instead choose to believe the doctor's statements, eyewitness accounts taken by police, and the video evidence the police viewed and entered their account of into an official police report of the arrest - all of which indicates the alleged blow to the left side of the critically-injured hospitalized man's head is where the skull fracture is, and that indeed Mr. Nelson allegedly kicked the victim in the left side of the head at least once, possibly twice.

Phil perhaps isn't the only one at fault in this alleged attack here, but make no mistake - all published reports to this point indicate that allegedly some degree of fault is with Mr. Nelson.

If you read what I said earlier, was that I imagined his attorney would make a compelling argument that his client wasn't the one who delivered the blow that hurt IK so badly. Shortly thereafter his attorney began doing exactly that.

The eyewitnesses said was the 280lb IK was hit so hard that was out on his feet, didn't get his hands out to brace his fall & "smoked his head on the pavement". Then Nelson kicked him. That's what I suspect his attorney will argue.

As for the doctor's opinion, I'm not contradicting that either. I'm saying his attorney is probably going to argue that it's possible a punch so severe as to completely knock a 280lb guy unconscious could have fractured his skull. And/or he'll argue it was possible that when he "smoked his head on the pavement", that could have been when the fracture happened.

I agree 100% that Nelson has some degree of guilt as you said. I'll go a step further and say Nelson had more than some degree, but rather a large degree of guilt, but so too did the other guy (If the reports are true?).

 

[disco]

This could be very similar to the guy in Little Falls that killed those two kids that broke into his house.

If indeed Kolstad attacked Nelson from behind, Nelson had every right to defend himself. But once Kolstad was incapacitated (as a result allegedly of this third party knocking him out) Nelson had to stop. He apparently did not, and there in lies the crime, just like the guy in Little Falls had the right to defend his home, he had no right to execute the two burglars.

 

[Pompous Elitist]

The discourse here demonstrates why there is always a chance Nelson could be found not guilty in a jury trial or a lesser charge despite clear evidence of guilt. Rationalizations, sympathy, etc.

Look at the Casey Anthony trial. Not reporting her child missing, partying during the search phase, etc,etc. the vast majority of Americans look at the evidence and think she's clearly guilty because the behavior is so far out of the realm of normal to be damning. The jury was composed of people that were able to rationalize the strange behavior and sympathize with her due to supposed child abuse, amongst other failings. Brilliant defense work. Terrible jury.

It's a nutty, nutty world.

 

[matt]

Read the statements released by the police. IK punch PN hard enough to drop the very large man to the ground. PN will not get much jail time, if any, nor should he.

Philip's actions contributed to Isaac very nearly dying and receiving permanent brain damage. Philip should be held accountable for his actions and go to jail. Do you disagree?

 

[Tim Riggins]

What do you expect Phil's attorney to say? Maybe it's just me - but instead of listening to a quote from the defendant's attorney, I instead choose to believe the doctor's statements, eyewitness accounts taken by police, and the video evidence the police viewed and entered their account of into an official police report of the arrest - all of which indicates the alleged blow to the left side of the critically-injured hospitalized man's head is where the skull fracture is, and that indeed Mr. Nelson allegedly kicked the victim in the left side of the head at least once, possibly twice. Phil perhaps isn't the only one at fault in this alleged attack here, but make no mistake - all published reports to this point indicate that allegedly some degree of fault is with Mr. Nelson.

What they haven't said is what side of the head the random guy punched or what side of his head he landed on when he hit the pavement.

 

[Nort73]

This could be very similar to the guy in Little Falls that killed those two kids that broke into his house.

If indeed Kolstad attacked Nelson from behind, Nelson had every right to defend himself. But once Kolstad was incapacitated (as a result allegedly of this third party knocking him out) Nelson had to stop. He apparently did not, and there in lies the crime, just like the guy in Little Falls had the right to defend his home, he had no right to execute the two burglars.

There's one large difference between the two cases though. The man from Little Falls attempted to bait the burglars into breaking into his home. It was clear in his mind that he was going to kill whoever attempted to break into his home. I doubt PN went to the bars with the intent to hurt someone, especially someone who apparently threw the first punch.

 

[BarnBoy]

It's pretty amazing how we've all been presented with the same account of this event but are reaching completely different conclusions regarding the guilt/innocence of involved parties.

I tend to fall in the camp of "everyone involved shares a varying degree of blame and there are no winners".

 

[dpodoll68]

I've read an awful lot of Minnesota Case Law, for a non lawyer, so I have a bit of an understanding of the line between Self Defense and Assault. One tenant is that you can't start an argument and claim Self Defense if it escalates. It seems that Nelson may have started the argument. Another tenant is that your authorization to use force ends when a person is no longer a threat. Kicking someone when they're down and no longer a threat crosses the line. When a Self Defense claim isn't viable, then it's Assault, with the result of the Assault determining the degree. I can wait for the trial but at this point I think that the prosecutors have a strong case.

*tenet

 

[Killjoy]

It's pretty amazing how we've all been presented with the same account of this event but are reaching completely different conclusions regarding the guilt/innocence of involved parties.

I tend to fall in the camp of "everyone involved shares a varying degree of blame and there are no winners".

The best way to understand both this incident and what is occurring here at the GopherHole is to watch Akira Kurosawa's classic film Rashomon. The film is known for a plot device which involves various characters providing alternative, self-serving and contradictory versions of the same incident. The name of the film refers to the enormous city gate of Kyoto.

 

[50PoundHead]

The best way to understand both this incident and what is occurring here at the GopherHole is to watch Akira Kurosawa's classic film Rashomon. The film is known for a plot device which involves various characters providing alternative, self-serving and contradictory versions of the same incident. The name of the film refers to the enormous city gate of Kyoto.

Absolute classic and excellent point.

Sad state of affairs. Has anyone here talked about whether there was alcohol involved? Nelson isn't of legal age, but I don't know anything about night club rules and which, if any, of the participants here were under the influence.

 

[highwayman]

The discourse here demonstrates why there is always a chance Nelson could be found not guilty in a jury trial or a lesser charge despite clear evidence of guilt. Rationalizations, sympathy, etc.

Look at the Casey Anthony trial. Not reporting her child missing, partying during the search phase, etc,etc. the vast majority of Americans look at the evidence and think she's clearly guilty because the behavior is so far out of the realm of normal to be damning. The jury was composed of people that were able to rationalize the strange behavior and sympathize with her due to supposed child abuse, amongst other failings. Brilliant defense work. Terrible jury.

It's a nutty, nutty world.

You are correct. I work in another field of law (no, thank god, I'm not a lawyer). We prepare for trial assuming the jurors intelligence and emotional abilities are at a 4th to 8th grade level. That's 9-13 years old for you at home. That's your jury of peers.

 

[Spoofin]

Was listed at 280lb in one of the reports.

Not sure why his size matters. You pointed out his weight twice in your original post. Does a 280# man seem more intimidating laying unconscious on the ground than a 180# man? Or are you playing the "Nelson didn't know he was laying motionless on the ground" angle?

 

[Replacement Gopher]

Damn you work hard at pumping yourself up on a message board; would love to compare bank accounts with, you'd be so pissed that a knuckle dragger could make you feel so inadequate.

Compare bank accounts? When trying to settle something I usually compare penises. Haven't lost an argument yet. Also recommend comparing wives, girlfriends, cars, colleges children were admitted to, square footage of your house, number of houses, and whether the bartender knows you by name.