Minnesota's Court of Appeals reversed a man's assault conviction Tuesday, saying a jury should have been able to more fully consider he was extremely drunk when he allegedly stabbed a woman in 2009.
It said Ronald Gene Fleck should get a new trial. He had a blood-alcohol concentration of 0.315 and was charged in Douglas County with second- and fifth-degree assault but said he was too drunk to intend to stab the woman.
The trial judge told the jury it could consider that for two of four assault counts. The jury acquitted him on those two but not the others. The appeals court ruled that, because Fleck alleged he was drunk and evidence supported him, the intoxication defense should have been considered on all counts.
Abby Simons
