City of Jamestown v. Kastet
Annotate this CaseHolden Kastet appealed after a jury found him guilty of simple assault. Kastet argued the district court erred by failing to provide his requested jury instructions on self-defense and consent. According to trial testimony, Kastet and Nicholas Fuchs exchanged messages on Facebook relating to a woman they both knew. A witness testified Fuchs approached Kastet in a Jamestown bar. The witness testified Fuchs told Kastet, “[O]kay. Let’s go,” and provoked Kastet to engage in a fight. Kastet testified he and Fuchs agreed to go outside to fight. The trial evidence included a video of the bar’s exterior. The video showed Kastet and Fuchs standing face-to-face before Kastet head-butted and punched Fuchs. Kastet was arrested and charged with simple assault. Before trial, Kastet requested jury instructions on the defenses of consent and self-defense. Kastet argued he acted in self-defense or Fuchs consented to the fight. The district court denied Kastet’s requested instructions, finding they were not appropriate in this case. A jury found Kastet guilty. The North Dakota Supreme Court determined the district court erred by failing to provide Kastet’s requested instructions. Judgment was reversed and the matter remanded for a new trial.
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