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

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The victim's situation and alcohol consumption by the perpetrators will be key factors. The worse off the victim is, the stronger the charges will be. Also, Nelson's blood alcohol level will come into play. If there's a mens rea element to the crime charged, then alcohol can be used as an excuse (or is it justification) for not meeting the required mens rea element. Essentially, you can be so drunk that it's not possible for you to form the required intent to commit the crime in question. Moreover, the witnesses may not matter very much. It was dark outside, they were likely drinking, and they weren't right next to the fight. Eyewitness testimony is largely unreliable, but a good lawyer can make a jury lap it up. In any event, the video cameras should provide some pretty strong evidence.
 

Gopher024 said:
Also no lawyer, but what difference would it make which strike was the damaging blow? If two people alternate punching a guy in the face, you're saying the prosecution needs to prove which punch went over the line? I don't think so. In this case, both suspects will likely be charged equally.
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It could potentially matter in a civil trial. It could matter a lot.
 

Iceland12 said:
Don't know what happened in Mankato. Do know that people do things that are "out of character" because of many things, peer pressure, getting swept-up in the moment, crowd "mentality" etc. Booze though? Alcohol? Alcohol releases inhibitions, it doesn't create a "new" personality, it revels the personality that is there. The personality that the conscious mind is keeping under control, in check.

The old cliche of "he only acts like that when he drinks" is true. The thing is the drunken personality is the true personality, not the other way around. Many people have come to grips with that and limit or eliminate their alcohol input. Pretending it's "just the booze" talking is just plain wrong.

(There you go Dean.)

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I don't want to derail this thread, but the bolded part above is one of the dumbest things I've ever read on this forum. To say that all of our 'true personalities' come out when were drunk is absurd. Sorry Iceland12, but my true personality comes out when I'm sober, not drunk.
 


Gopherguy0723 said:
The victim's situation and alcohol consumption by the perpetrators will be key factors. The worse off the victim is, the stronger the charges will be. Also, Nelson's blood alcohol level will come into play. If there's a mens rea element to the crime charged, then alcohol can be used as an excuse (or is it justification) for not meeting the required mens rea element. Essentially, you can be so drunk that it's not possible for you to form the required intent to commit the crime in question. Moreover, the witnesses may not matter very much. It was dark outside, they were likely drinking, and they weren't right next to the fight. Eyewitness testimony is largely unreliable, but a good lawyer can make a jury lap it up. In any event, the video cameras should provide some pretty strong evidence.
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I'm always amazed that with all the high tech cameras out there, the best video any bank, or business, or street corner, can provide is usually grainy and not of good quality. Have you ever seen a clear picture of a bank robber on a surveillance camera?
 


Gopherguy0723 said:
In any event, the video cameras should provide some pretty strong evidence.
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The videos captured by security cameras could be everything in the case. There is likely footage (assuming this bar or any bar he allegedly went to that night has working video cameras) of him inside the bar which will show many things, including how long he was there, how many drinks he had if any, who he was talking to during the night - including key players like the victim and the alleged partner in crime, and what may have happened as he left the bar. Also, the footage will show the timing of everything that happened that night. Many bars also have footage available from the outside areas of the bar - perhaps in the area where the alleged fight took place that could be valuable. This evidence will be critical to both sides given how unreliable eyewitness testimony has proven to be throughout legal history, especially when those eyewitnesses are impaired.
 

GopherJack said:
I'm always amazed that with all the high tech cameras out there, the best video any bank, or business, or street corner, can provide is usually grainy and not of good quality. Have you ever seen a clear picture of a bank robber on a surveillance camera?
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cost.
 

Apparently he's been charged with 1st and 3rd degree assault. I had a stream of the press conference going for a bit and caught that.
 

Gopherguy0723 said:
The victim's situation and alcohol consumption by the perpetrators will be key factors. The worse off the victim is, the stronger the charges will be. Also, Nelson's blood alcohol level will come into play. If there's a mens rea element to the crime charged, then alcohol can be used as an excuse (or is it justification) for not meeting the required mens rea element. Essentially, you can be so drunk that it's not possible for you to form the required intent to commit the crime in question. Moreover, the witnesses may not matter very much. It was dark outside, they were likely drinking, and they weren't right next to the fight. Eyewitness testimony is largely unreliable, but a good lawyer can make a jury lap it up. In any event, the video cameras should provide some pretty strong evidence.
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In the court of public opinion (a.k.a., GH), I doubt PN is going to be very successful with the "I was too drunk to know what I was doing but not so drunk that I could land a square kick to someone's head." Of course the legal system is all that matters. Unless this gets settled out of court with PN agreeing to a lighter sentence than charged, I fully suspect PN’s attorney will try to spin and maneuver this thing to make PN appear as a victim of circumstances. Hopefully, the truth and a just sentence(s) gets carried out in this case.
 



Gopher024 said:
Also no lawyer, but what difference would it make which strike was the damaging blow? If two people alternate punching a guy in the face, you're saying the prosecution needs to prove which punch went over the line? I don't think so. In this case, both suspects will likely be charged equally.
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In the scenario you laid out it would be impossible to make a distinction but in this case I would think medical personel could sort out if the primary trauma happened at the punch, impact with pavement, or kick. In terms of what difference it makes it would all be a matter of what Nelson ultimately ends up getting charged with especially in the worst case scenario if the victim does not survive.

Seems pretty clear he is guilty of something, the question the lawyers and judge will have to sort out is to what degree they try to charge him at and it sure seems like that could go a lot of different ways at the moment.
 

This could be a very useful teaching tool for parents with their kids to show the impact of decisions and that even split-second decisions can alter your life drastically no matter who you are.
 

I caught the tail end of the press conference the quality of the video is very good. The actual assault was not released but should show very well.
 

MNVCGUY said:
Seems pretty clear he is guilty of something, the question the lawyers and judge will have to sort out is to what degree they try to charge him at and it sure seems like that could go a lot of different ways at the moment.
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Depraved indifference to human life, if the witness accounts are true.
 



DMB123 said:
I don't want to derail this thread, but the bolded part above is one of the dumbest things I've ever read on this forum. To say that all of our 'true personalities' come out when were drunk is absurd. Sorry Iceland12, but my true personality comes out when I'm sober, not drunk.
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Guess you must be drunk then?

Plenty of experts in the field believe your drunk/sober position. However if you think that I came up with the theory then you give me to much credit and it would be " one of the dumbest things I've ever read on this forum". Nearly every theorist acknowledges the release of inhibitions. They disagree on what it means.

Probably universal though is that the people who become "mean drunks", "sluts" or just plain "d-bags" believe whole heartedly that their drunken personality is a complete aberration. Or at least fervently hope it is.

The jury has yet convened on Mr.Nelson.




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So according to the Strib he is being charged with 1st and 3rd degree assault. Don't know enough about how things work to know if future charges can be brought based on how things go in relation to Kolstad's recovery or worst case scenario, lack of recovery.
 

<blockquote class="twitter-tweet" lang="en"><p>Criminal complaint reads that Isaac Kolstad threw an initial punch at Phillip Nelson. Sounds like a messy altercation at bar time.</p>— Paul Blume (@PaulBlume_FOX9) <a href="https://twitter.com/PaulBlume_FOX9/statuses/465935128569454593">May 12, 2014</a></blockquote>
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<blockquote class="twitter-tweet" lang="en"><p>Phillip Nelson was said to be upset that night because a bar bouncer hit on his girlfriend. Things deteriorated when he ran into Kolstad.</p>— Paul Blume (@PaulBlume_FOX9) <a href="https://twitter.com/PaulBlume_FOX9/statuses/465935550411571201">May 12, 2014</a></blockquote>
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<blockquote class="twitter-tweet" lang="en"><p>Criminal complaint lists Kolstad injuries as skull fracture, brain shifting, bleeding on the brain. As well as damage to lungs.</p>— Paul Blume (@PaulBlume_FOX9) <a href="https://twitter.com/PaulBlume_FOX9/statuses/465935912480673792">May 12, 2014</a></blockquote>
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<blockquote class="twitter-tweet" lang="en"><p>Doctors initially told police they were unsure whether Isaac Kolstad was even going to survive.</p>— Paul Blume (@PaulBlume_FOX9) <a href="https://twitter.com/PaulBlume_FOX9/statuses/465936306040631296">May 12, 2014</a></blockquote>
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<blockquote class="twitter-tweet" lang="en"><p>According to complaint, "Kolstad's skull fracture is on the left side of his head." Same area where Phillip Nelson kicked him.</p>— Paul Blume (@PaulBlume_FOX9) <a href="https://twitter.com/PaulBlume_FOX9/statuses/465936564594286592">May 12, 2014</a></blockquote>
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<blockquote class="twitter-tweet" lang="en"><p>Read thru Phillip Nelson crim complaint. Highlights. Kolstad throws 1st punch.Chaotic scene. Nelson upset about how girlfriend was treated.</p>— Paul Blume (@PaulBlume_FOX9) <a href="https://twitter.com/PaulBlume_FOX9/statuses/465939772179881984">May 12, 2014</a></blockquote>
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MNVCGUY said:
So according to the Strib he is being charged with 1st and 3rd degree assault. Don't know enough about how things work to know if future charges can be brought based on how things go in relation to Kolstad's recovery or worst case scenario, lack of recovery.
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Additional/different charges could/would be filed in the event a victim make a "turn for worse".
 

The standard for 1ST Degree Assault is great bodily harm. I believe that a fractured skull, brain shifting, bleeding on the brain, and damage to the lungs fits. You charge the lesser offense just in case the defense attorney is able to convince the jury it doesn't.
 


pnels mugshot. How come he got the hometown discount of being able to look down? no one else gets that break.
 

Phil has big, big problems. It seems now that the sucker punch angle may be out, but kicking a defenseless person, that is not going away.
 

Iceland12 said:
Guess you must be drunk then?

Plenty of experts in the field believe your drunk/sober position. However if you think that I came up with the theory then you give me to much credit and it would be " one of the dumbest things I've ever read on this forum". Nearly every theorist acknowledges the release of inhibitions. They disagree on what it means.

Probably universal though is that the people who become "mean drunks", "sluts" or just plain "d-bags" believe whole heartedly that their drunken personality is a complete aberration. Or at least fervently hope it is.

The jury has yet convened on Mr.Nelson.




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Ludicrous. At best, it would reflect what you feel at that exact moment. It does not bring out your true self. How could someone possibly claim that inhibitions don't make you who you are?

Can you even define what your true self is? It's so complicated, open-ended, and philosophical that there probably isn't a correct answer.

This is armchair psychology at its worst.
 



Was there no cell phone video? And how come the video isn't on liveleak yet?
 

Winasota Gopher said:
Stating whether or not you've been in such and such a situation, to me, seems like an attempt to trivialize or "humanize" the action. Gopherinphilly, and you're not the only one just the most recent one, you're account about human instinct taking over, the reason we are different than animals is our ability to control those instincts. That's how we got to the top of the food chain. I don't know if that was your intent, which I highly doubt from what I've seen with you as a poster, but including the word alcohol and testosterone as contributing factors doesn't feel right to me.

When someone puts someone else to the brink of death, the only thing that would give me pause to say "i understand how this could have happened a little bit" would be if someone had a gun to your head forcing you to do so.... Everything else is noise.

Again Gopherinphilly, I don't know if that was your intent, but that's how I read it when someone adds the qualifiers like "This situation sounds like..." where the ....'s are a bunch of excuses for the action. It should read 'This situation sounds like a bunch of idiots that need to be locked up for some time"


Also a poster who stated that alcohol reveals our "true identity"... Are you kidding me?!?! You're telling me I'm only myself when I'm drinking? There are so many unqualified idiotic statements in this thread its hard to read, but I do.... Kinda like a train wreck in that way....

The only things, I FEEL, we should be saying are

a. How terrible this situation is
b. How stupid PN and other suspect are
c. How you hope the victim recovers
or
d. I reserve judgement until all the facts are uncovered
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The important thing is you read what you wanted to read into what I said to come to the conclusion you wanted to in order to support your position.
 


Gopherguy0723 said:
Ludicrous. At best, it would reflect what you feel at that exact moment. It does not bring out your true self. How could someone possibly claim that inhibitions don't make you who you are?

Can you even define what your true self is? It's so complicated, open-ended, and philosophical that there probably isn't a correct answer.

This is armchair psychology at its worst.
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As I said, there are people that fervently hope..

Hmm, we all thought you were just a legal expert, didn't realize that psychology is also one of your disciplines. Of course there are many theories most written by people who don't practice in their living room. Well at least you didn't blame this on the NCAA.
 


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