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

[Rescooter]

Question: Has Nelson had any run-ins with the law? I realize he may not have a record, but does anyone know if he has been "protected from his own behavior" by parents, coaches, or friends. Small towns have a different set of justice and I suspect that Mr. Nelson has had some temper issues that have been covered up.

The reason I ask this: his actions depict someone that is easily provoked and violent. This doesn't seem like an outlier to me. I could be wrong, but I'm guessing he was a ticking time bomb.

 

[nsmike]

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.

Now take that group and try to convince them that a kick hard enough to fracture the skull of IK did not contribute to the brain injury. If you don't; then the the prosecution will have met the standard of great bodily damage for the charge of First Degree Assault. IMHO the prosecutors have a strong case

 

[Tim Riggins]

Now take that group and try to convince them that a kick hard enough to fracture the skull of IK did not contribute to the brain injury. If you don't; then the the prosecution will have met the standard of great bodily damage for the charge of First Degree Assault. IMHO the prosecutors have a strong case

Wouldn't the prosecutor need to prove that the kick fractured the skull and not the punch/concrete?

I am by no means defending him but don't think it's a slam dunk guilty verdict. A good lawyer should be able to create enough doubt in the minds of the jury to at least get the charge reduced.

 

[zman]

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.

Scrap the penis part and you're on.

 

[wait!what?]

Wouldn't the prosecutor need to prove that the kick fractured the skull and not the punch/concrete?

I am by no means defending him but don't think it's a slam dunk guilty verdict. A good lawyer should be able to create enough doubt in the minds of the jury to at least get the charge reduced.

nope. individual actions - compound result. sympathetic jury...& who wouldn't be? both perps are goin byby.

 

[The Brain Trust]

So Kolstad punches Nelson in the back,another guy then sucker punches Kolstad and Nelson Kicks Kolstad after he is down. Pretty good chance that Kolstad fractured his skull on cement prior to the kick. Since Kolstad threw first punch he has some blame here. I guy hits someone in the back and you deck him right after that. Worst case someone gets a manslaughter charge. Not a slam dunk case here. Nelson will end up with an assault conviction the guy was no longer a threat when Nelson kicked. If evidence indicates the kick caused the fracture then Nelson is in big trouble. The guy who ran defense will be he was defending Nelson after Kolstad attacked Nelson...Not sure if that was the case .

 

[kellyleeks]

Question: Has Nelson had any run-ins with the law? I realize he may not have a record, but does anyone know if he has been "protected from his own behavior" by parents, coaches, or friends. Small towns have a different set of justice and I suspect that Mr. Nelson has had some temper issues that have been covered up.

The reason I ask this: his actions depict someone that is easily provoked and violent. This doesn't seem like an outlier to me. I could be wrong, but I'm guessing he was a ticking time bomb.

You're spot on. High School superstar athletes like Nelson often times don't have to live up to the same standards as their peers. It starts with the parents and it appears as if Pat and Norma were more concerned about raising a kid to throw a ball rather than being a good citizen and this is now the result. Nelson is going to get what he deserves.

I'm sure many folks looked the other way in Mankato for Isaac too. Clearly, he thought taking a cheap shot at another guy at bar close while his pregnant wife and kid were at home was acceptable. I'm guessing he got that from his father, who believes that Isaac is a good man of God. I'm not sure how he reconciles Isaac's actions and Jesus's teachings.

Maybe we start to celebrate the kids who excel at academics instead of these thugs. Sunday wasn't a freak occurrence, it was just a matter of time for Philip and Isaac.

 

[nsmike]

Wouldn't the prosecutor need to prove that the kick fractured the skull and not the punch/concrete?

I am by no means defending him but don't think it's a slam dunk guilty verdict. A good lawyer should be able to create enough doubt in the minds of the jury to at least get the charge reduced.

The charging document listed the fracture was to the left side of the head. The officer that viewed the tape stated that Nelson's kick was to the left side of the head. There may be some wiggle room but I just don't see it.

 

[CoMn]

The vast majority of people who go out to bars don't end up getting in fights or getting jailed for assault. I'm tired of hearing people say that "well, they shouldn't have been there," or "nothing good happens late at night." As if going out to the bars automatically makes someone a bad person.

I didn't say people who go to bars are bad people…but bad people hang out at bars. That doesn't mean all people who go to bars are bad people but as there are bad people there, if you are not the sort of person who is not mature enough and can not handle your liquor well enough to deal with situations that arise, then you ought not go to bars where something might happen. Clearly Nelson can neither handle his liquor (as evidenced by his not remembering that he kicked a guy in the head two times…and if he is just lying…then that he kicked a guy in the head two times), nor does he have a grip on healthy relationships as evidenced from his jealousy (which his girlfriend talked about). He also has major anger issues as evidenced from his being angry with the bouncer and his need to retaliate. Because of these things, he shouldn't have been there. I didn't say "nothing good happens late at night" as I don't believe that. I suppose what most folks mean is that nothing good happens when everyone around you is wasted which usually happens late at night. But don't imply that I said it.

 

[wait!what?]

well, the mug shot of him not looking at the camera is a disgrace to the photographer. you ever not look at the camera for your mug shot? They bring in a couple of officers to convince you to look at the camera.

 

[MadtownGopher]

Seriously can't wait until this thread slips off the first page of threads. Such a sad story.

 

[BJN]

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?

Irrelevant because this wasn't a straight-up fist fight.

 

[DMB123]

Has Bob Loblaw returned to this thread since he wrongly stated that Nelson didn't kick Kolstad?

What Nelson did was wrong, very wrong. He'll do time, as he should, for what he did. However, Isaac Kolstad is as much to blame as anyone else. He sucker punched Nelson from behind which started the physical part of this confrontation. Up til that point it was just an argument. Kolstad is smart enough to know that if you punch someone, especially in this type of drunken argument/confrontation, there's a good chance you will get punched back. And that's what happened, and Kolstad probably deserved getting punched in all honesty. What he didn't deserve was the kick to the head by Nelson. But if not for Kolstad's own actions none of this would have happened. I'm sick of people portraying Isaac Kolstad as some innocent victim. He's a thug, who according to the bartenders and bouncers was completely sober, who sucker punched a guy from behind. He doesn't deserve to die or suffer brain damage for his sucker punch, and for that Nelson will have to take responsibility and do time. But Kolstad put himself in serious danger by punching Nelson from behind.

 

[Winnipegopher]

Serious question. What percentage of D-1 football players who drink have been in a similar altercation? My guess is 50-75%. We all love football but many football players are bullies and @ssholes.

That said, I will say one thing in defense of Kolstad being out with a pregnant wife at home. It was graduation day for his class. That gives him a pass (for being out).

One other thing that will come up is the role Nelson's girlfriend has in this. She was flirting with the bouncer knowing it got Nelson mad. There are women out there who love to see their man fight. I had a friend who had a girlfriend like that. She took real validation after watching her boyfriend beat someone up who was trying to pick her up. Occasionally, my friend lost and she enjoyed the dramatics of that as well. Eventually he realized what was going on and dumped but it took him awhile.

Nelson and redshirt will spend a fair bit of time in jail for this. That is how it should be.

 

[BarnBoy]

You're spot on. High School superstar athletes like Nelson often times don't have to live up to the same standards as their peers. It starts with the parents and it appears as if Pat and Norma were more concerned about raising a kid to throw a ball rather than being a good citizen and this is now the result. Nelson is going to get what he deserves.

I'm sure many folks looked the other way in Mankato for Isaac too. Clearly, he thought taking a cheap shot at another guy at bar close while his pregnant wife and kid were at home was acceptable. I'm guessing he got that from his father, who believes that Isaac is a good man of God. I'm not sure how he reconciles Isaac's actions and Jesus's teachings.

Maybe we start to celebrate the kids who excel at academics instead of these thugs. Sunday wasn't a freak occurrence, it was just a matter of time for Philip and Isaac.

This thread is a train wreck. Now we suddenly know the inner workings of the parent-child relationships and the intentions of everyone involved.

The police report is incomplete. We have no idea what happened that night. We are starting to see a picture, but are still outside the theater looking through a small crack in the wall.

Train. Wreck.

 

[Breakin' The Plane]

You're spot on. High School superstar athletes like Nelson often times don't have to live up to the same standards as their peers. It starts with the parents and it appears as if Pat and Norma were more concerned about raising a kid to throw a ball rather than being a good citizen and this is now the result. Nelson is going to get what he deserves.

I'm sure many folks looked the other way in Mankato for Isaac too. Clearly, he thought taking a cheap shot at another guy at bar close while his pregnant wife and kid were at home was acceptable. I'm guessing he got that from his father, who believes that Isaac is a good man of God. I'm not sure how he reconciles Isaac's actions and Jesus's teachings.

Maybe we start to celebrate the kids who excel at academics instead of these thugs. Sunday wasn't a freak occurrence, it was just a matter of time for Philip and Isaac.

This came from another message board, but someone there made the accusation that Nelson had an incident at the U that was covered up. This is an ugly situation that could get even worse.

Every family dynamic is different, but if I was out all night while my very pregnant wife was home with our other child, that house would be empty when I finally came home.

 

[MNVCGUY]

Sorry if someone else brought this up but this entire situation reminds me a ton of what happened to Dominic Jones back in 2007. I have had the opportunity to spend some time with Jones, he is not a bad guy but he made a horrible decision and paid a high price for his actions. Assuming Nelson ends up serving some time for his actions on Sunday night, like Jones it will be up to him to serve his time and then try to rebuild his life after.

As others have said this is just a tragic story all the way around. I don't believe Nelson is a bad guy, but he made a terrible decision and now he will pay the price for his actions. It was pointed out by others how amazing cases like this are where in a matter of seconds, multiple lives are changed forever.

 

[Deleted_User]

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

I am beginning to think so.

 

[mnsports1]

Serious question. What percentage of D-1 football players who drink have been in a similar altercation? My guess is 50-75%. We all love football but many football players are bullies and @ssholes.

That said, I will say one thing in defense of Kolstad being out with a pregnant wife at home. It was graduation day for his class. That gives him a pass (for being out).

One other thing that will come up is the role Nelson's girlfriend has in this. She was flirting with the bouncer knowing it got Nelson mad. There are women out there who love to see their man fight. I had a friend who had a girlfriend like that. She took real validation after watching her boyfriend beat someone up who was trying to pick her up. Occasionally, my friend lost and she enjoyed the dramatics of that as well. Eventually he realized what was going on and dumped but it took him awhile.

Nelson and redshirt will spend a fair bit of time in jail for this. That is how it should be.

Yeah, I doubt it.

 

[DMB123]

This came from another message board, but someone there made the accusation that Nelson had an incident at the U that was covered up. This is an ugly situation that could get even worse.

Every family dynamic is different, but if I was out all night while my very pregnant wife was home with our other child, that house would be empty when I finally came home.

Seriously? Fun wife you have. I don't understand why a 24 year old man can't go out with his friends for a night simply because he's married with a kid? I guess I shouldn't go to the Twins game tonight with 3 friends of mine because my girlfirend and our 4 yr old daughter will be home alone all nite. Some of the men on this board really need to grow a pair. Blaming Kolstad for spending a nite out with his buddies is absurd. Blaming him for sucker punching a guy from behind is warranted.

 

[bleedsmaroonandgold]

IK sounds like a jacka$$ who threw a sucker punch at Philip Nelson. By pointing that out, I certainly don't mean to say that he deserves the kind of suffering he is going through now, just that the fact that he got seriously injured does not change the fact that he was acting like an idiot. If Nelson or his buddy would have reacted to the sucker punch with a punch straight on to the face and either that punch or something he hit on the way down had injured him, I wouldn't feel too much pity.

However, that isn't what happened. Nelson kicked the guy in the head while he was on the ground. That takes a very special kind of cowardice. I hope Nelson gets what he has coming to him.

Also, a few pages back, somebody brought up the "initial aggressor" doctrine suggesting that Nelson could not claim self-defense if he started the argument. I think there is a little more nuance to that doctrine than the initial poster suggested. "Initial aggressor" means that you cannot successfully assert self-defense if you are defending yourself against (a) a physical attack which is itself a legal self-defense in response to your initial attack or (b) a physical attack which you deliberately provoked for the purpose of allowing yourself to respond under the guise of self-defense. It does not mean that if you have any part in starting an argument that you lose all right to ever defense yourself. To illustrate with an extreme example, if somebody tries to cut in line in front of me at the movie theater, and I say "hey a$$hole, go to the end of the line" and shove him out of line, and then he pulls a gun on me, I am not precluded from legally defending myself because I "started" the argument. Nelson cannot claim self-defense here because any threat was neutralized when IK was unconscious on the ground, not because of any role Nelson may have had in initiating a verbal disagreement.

 

[dpodoll68]

Seriously? Fun wife you have. I don't understand why a 24 year old man can't go out with his friends for a night simply because he's married with a kid? I guess I shouldn't go to the Twins game tonight with 3 friends of mine because my girlfirend and our 4 yr old daughter will be home alone all nite. Some of the men on this board really need to grow a pair. Blaming Kolstad for spending a nite out with his buddies is absurd. Blaming him for sucker punching a guy from behind is warranted.

His wife is very late in her pregnancy with their 2nd child. I'm assuming your girlfriend isn't 8-9 months pregnant?

Also, are you going to be staying out until after 2 am?

 

[50PoundHead]

I didn't say people who go to bars are bad people…but bad people hang out at bars. That doesn't mean all people who go to bars are bad people but as there are bad people there, if you are not the sort of person who is not mature enough and can not handle your liquor well enough to deal with situations that arise, then you ought not go to bars where something might happen. Clearly Nelson can neither handle his liquor (as evidenced by his not remembering that he kicked a guy in the head two times…and if he is just lying…then that he kicked a guy in the head two times), nor does he have a grip on healthy relationships as evidenced from his jealousy (which his girlfriend talked about). He also has major anger issues as evidenced from his being angry with the bouncer and his need to retaliate. Because of these things, he shouldn't have been there. I didn't say "nothing good happens late at night" as I don't believe that. I suppose what most folks mean is that nothing good happens when everyone around you is wasted which usually happens late at night. But don't imply that I said it.

To my earlier point that has yet to be addressed, if Nelson was drinking, he was drinking illegally and the owners of Blue Bricks are going to see themselves involved in a civil suit for serving an underaged patron with said patron then committing a heinous act (yet to be tried, proved, and convicted, but I'm just riffing here).

This is tragic and I hope Kolstad recovers, but I'm kind of trying to reconcile this impression he's a saint with the fact that his pregnant wife and kid were home. Maybe he just had to get out for the night (been there, but I'd go to the movies), but it just seems odd to me (but I don't know the whole story so I'll just shut it).

Anyway, horrifying story.

 

[Deleted_User]

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.

You just described my day.

 

[DMB123]

His wife is very late in her pregnancy with their 2nd child. I'm assuming your girlfriend isn't 8-9 months pregnant?

Also, are you going to be staying out until after 2 am?

I've stayed home with my daughter plenty of nights while she was out with a friend or friends, I don't mind at all. And she's done the same for me. I'm just saying I don't see why Kolstad can't have a night out with friends, it's not a big deal. It's not as if you have to stay home and batten down the hatches during the final month of pregnancy. We still went out and had fun, even after her due date as a matter of fact. Again, judging Kolstad for going out til 2am is stupid. What he did at about 2:05am is what was stupid.

 

[Gopherguy0723]

Chapter 609..02 Subd. 10.Assault. "Assault" is:
(1) an act done with intent to cause fear in another of immediate bodily harm or death; or
(2) the intentional infliction of or attempt to inflict bodily harm upon another.

I'm not a criminal lawyer, I do civil law. With that being said, a good defense lawyer will look at that statute and attack the Mens rea or mental elements, which are the "intent to cause fear" and "intentional infliction." This would go directly to Nelson's state of mind.

Under (1), it doesn't matter if the victim couldn't be in fear due to being unconscious all that matters is that Nelson kicked or tried to kick with the intent to cause fear of immediate bodily harm or death. Moreover, before the victim was unconscious, if Nelson did anything with the intent to cause fear of immediate bodily harm or death, then Nelson is guilty of assault. For instance, if Nelson threatened the victim verbally or with gestures with intent to cause fear of immediate bodily harm or death, then Nelson is guilty of assault.

Under (2), Nelson had to specifically kick the victim with intent to injure or attempt to kick the victim with intent to injure. That's right, Nelson did not have to even connect with the kick. He simply had to believe in his mind that he was kicking his leg in order to injure the victim. If he kicked the victim without that intent but the victim was injured, then Nelson is not guilty under this section. Knowing that kicking the victim could be injured isn't enough. Nelson had to kick with intent to injure.

It's hard to say anything about (1), because I haven't looked at any videos, and I don't know what was done or said leading up to the fight. So, I'm just going to ignore that for, but Nelson could definitely be found guilty under this section.

However, a good defense lawyer may be able to beat (2). Ironically, the more drunk Nelson was, the easier it will be for the defense.
Chapter 609.075 Intoxication as Defense:
An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind.

That's right, if you're drunk, then a defense lawyer can argue that the aggressor (Nelson in this case) could not have formed the specific intent in his mind necessary to be found guilty because the aggressor was mentally impaired from reaching that level of intent due to intoxication. A defense lawyer could concede that Nelson was drunk and even knew he could injure someone, but Nelson was so impaired that Nelson did not intend to injure the victim. We need to know how drunk Nelson was, but he could legitimately win this argument.

I would bet that Nelson is eventually found guilty or pleads out, but he can mount a defense that he could prevail on. I don't know what degree of assault Nelson could realistically get convicted on, and I don't really want to take the time to look or lay it out.

With all that being said, Nelson would probably be screwed in civil court. I, or someone with equal or better skill, could probably ruin Nelson financially for the rest of his life. But that is another matter.

As for stcgopher, well, you don't know what you're talking about, and you're making nonsensical, moronic, red-herring challenges that you might not even be able to win. Just stop.

 

[mnsportsgeek]

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."

It really doesn't matter if the sucker punch caused the damage or the kick. Philip made sure that it didn't matter because he decided to make sure the man got sent into the ICU with his life in danger regardless of how bad the damage already was.

 

[Breakin' The Plane]

I've stayed home with my daughter plenty of nights while she was out with a friend or friends, I don't mind at all. And she's done the same for me. I'm just saying I don't see why Kolstad can't have a night out with friends, it's not a big deal. It's not as if you have to stay home and batten down the hatches during the final month of pregnancy. We still went out and had fun, even after her due date as a matter of fact. Again, judging Kolstad for going out til 2am is stupid. What he did at about 2:05am it what was stupid.

And saying that a man has to "grow a pair" because he doesn't dictate the terms of a relationship is stupid. You are right though, I am sure he had earned the right for a night on the town with his buddies. It isn't like he spent the previous weekend in Vegas with his friends or anything. Oh wait.

 

[Winnipegopher]

It really doesn't matter if the sucker punch caused the damage or the kick. Philip made sure that it didn't matter because he decided to make sure the man got sent into the ICU with his life in danger regardless of how bad the damage already was.

I agree. I think this argument has more merit with the guy who punched Kolstad than Nelson.

Little talk that Nelson is holding out on police and not ratting on his friend. Good guys man up to their bad decisions.

Anyone believe he didn't know the guy in the redshirt?

 

[DMB123]

And saying that a man has to "grow a pair" because he doesn't dictate the terms of a relationship is stupid. You are right though, I am sure he had earned the right for a night on the town with his buddies. It isn't like he spent the previous weekend in Vegas with his friends or anything. Oh wait.

I guess I just don't want to judge Kolstad as being a crappy husband and father simply because he was in Vegas the previous weekend and out with friends on a Saturday night. But go right ahead.