Jail time for man who joined ex-Gopher QB in attack on Isaac Kolstad

A guilty plea was accepted Wednesday from a man who joined former Gophers quarterback Philip Nelson in the severe beating of Isaac Kolstad after bar closing time in downtown Mankato nearly two years ago.

Trevor S. Shelley, 22, of Mankato, admitted to first-degree assault in Blue Earth County District Court. A lesser felony count of third-degree assault was dismissed. A jury trial had been scheduled for Monday.

As part of the plea agreement, Judge Bradley Walker will stay any potential prison time — up to 10 years was possible — and sentence Shelley to "up to a year of local incarceration," said County Attorney Patrick McDermott. Sentencing is scheduled for May 13.

Shelley, a high school classmate of Nelson's at Mankato West, was charged in May 2014 in connection with the attack on Kolstad around 2 a.m. on a downtown street. Nelson shoved Kolstad after mistaking him for a bouncer who had kissed his girlfriend.

Kolstad then knocked Nelson to the ground, but as Kolstad walked away, Shelley punched Kolstad in the head. Video shows Kolstad falling and smacking his head on the pavement. Nelson then kicked a prone Kolstad in the head.

While pleading guilty, Shelley acknowledged that it was his blow to Kolstad's head that satisfied the legal standard of inflicting "great bodily harm."

"Alcohol-fueled decisions … drastically changed lives for years to come," McDermott said after Shelley's admission in court.

Nelson, 22, was sentenced in March 2015 to 100 hours of community service after pleading guilty to fifth-degree misdemeanor assault. Nelson also was sentenced to two days in jail, with credit for two days already served. Felony charges that could have sent him to prison were dropped.

Kolstad, a 26-year-old husband and father, graduated from Minnesota State Mankato in 2013 and played football there. His second child was born while he was in critical condition. He has undergone physical and occupational therapy, including for his speech and motor skills.

A prosecutor's medical expert said during Nelson's proceedings that the former Gopher's kick did not lead to Kolstad's severe brain injury. The expert said the victim's injuries were mainly, if not all, from being punched in the head by Shelley and hitting his head after falling.

Soon after the brawl, Nelson was removed from the football team at Rutgers University. He had transferred there from the University of Minnesota, where he had played for two years. Late last summer, he transferred to East Carolina University as a nonscholarship athlete but has yet to play there.

McDermott said the case reminds him of a quote attributed to Clarence Darrow, the famed early-20th century attorney: "There is no such thing as justice — in or out of court."

Whether it's Kolstad, the prosecution, Nelson or Shelley, "No one is satisfied with the result," McDermott said. "No one is truly going to be made whole."

Kolstad was not present for Shelley's guilty plea, but his attorney, Ken White, did attend. White said Kolstad's family "is generally pleased with the plea agreement. It seems to take into consideration all the relevant information … especially Mr. Shelley's significant involvement in the event."

White said the family is hoping that Walker will impose the maximum one-year jail term that the plea deals allows. White said "my assumption is" that Kolstad will address the court at Shelley's sentencing, as he did in Nelson's prosecution.

Still an option for Kolstad and his family is a civil action against either or both of his attackers. White called that "likely, but certainly there's no lawsuit that has been served yet."

White said Kolstad is nearing a return on a part-time basis to a modified version of the job he held at nut and bolt distributor Fastenal.

"He is doing quite well," the attorney said. "Just when you think he's gotten as [well] as he's going to get, he keeps doing better."

Paul Walsh • 612-673-4482