Alleged assailant pleads not guilty to kicking downed man

Published 6:50pm Saturday, October 20, 2012

The man who allegedly kicked another in the head after a fight last Saturday, Oct. 6, pleaded not guilty to two assault charges Thursday in Mower County Court.

Spencer Jerrick Carter, 29, of Stewartville, pleaded not guilty to felony third-degree assault and gross misdemeanor fifth-degree assault.

Austin police arrested Carter, the man who witnesses say knocked another man unconscious and repeatedly kicked him while he was down. Police later discovered that the 41-year-old victim may have fueled the fight, however, as a local bartender said the victim was calling Carter names earlier that evening. While the bartender kicked both men out of the bar, he let Carter back in under the condition he stay clear of the victim, according to the court complaint. Carter reportedly left the bar several minutes later and was arrested shortly after that.

One witness says Carter kicked the 41-year-old Austin victim in the head 15 to 20 times at about 8:30 p.m. Saturday in the 900 block of Fourth Avenue NE, about two blocks from the downtown bar at which they were drinking.

The victim said he did not know what happened, however, witnesses say the two men were fighting. The victim refused medical attention from Gold Cross and officers and was turned over to his fiancé. He later went to the hospital where doctors determined he had an orbital bone fracture.

Police took a description of the suspect and later found Carter walking in the area with fresh blood on his knuckles, according to the report.

Carter later told authorities about the fight and earlier incident; however, he denied kicking the victim. Carter’s next court date is set for Feb. 8.

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