Assailant convicted for kicking downed victimPublished 10:29am Monday, May 20, 2013
The assailant who witnesses said kicked a downed man numerous times last October was convicted of assault Friday in Mower County Court.
Spencer Jerrick Carter, 30, of Stewartville, was sentenced to two years’ supervised probation and 80 hours’ community service for gross misdemeanor domestic assault. A felony count of third-degree assault with great bodily harm was dismissed.
Austin police arrested Carter after witnesses said he 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 said Carter kicked the 41-year-old Austin victim in the head 15 to 20 times in the 900 block of Fourth Avenue Northeast, 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 later found Carter walking in the area with fresh blood on his knuckles, according to the report.