(Spirit Lake)– Trial for a Spirit Lake man charged in the July 29th, 2007 shooting death of a Worthington, Minnesota man is underway in Dickinson County District Court.
Kenneth Nielsen was charged with involuntary manslaughter and reckless use of a firearm in the death of Kenneth Lutterman of Worthington. While the defense maintains the shooting was a fluke accident, the state feels otherwise.
Paul Fischer, a friend of Lutterman’s, testified today (Wed.) that he, Lutterman and another friend rode motorcycles that day from Worthington to Spirit Lake, arriving in Spirit Lake between 3:00 and 3:30 p.m. that afternoon. Fischer testified they had just parked their motorcycles in the 1600 block of Hill Avenue when they heard a loud bang. At first Fischer said they thought a tire had blown. But he said Lutterman then told him he thought he (Lutterman) had been shot, and dropped to the pavement.
Jim Hopper, Dickinson County Jail Administrator, testified about overhearing a 911 call in the Communications Center of a person being shot. Hopper said he, himself took a 911 call a few minutes later from a man identifying himself as Kenneth Nielsen. Hopper testified the caller told him he had been cleaning a gun when he dropped it and it went off, with the bullet going through the window of his apartment at Lakes Apartments.
Tony Peterson, a deputy with the Dickinson County Sheriff’s Office, also testified Wednesday. Peterson, who was one of numerous law enforcement officers that arrived on the scene, recalled visiting with a bystander who reported hearing a shot coming from the area of the apartment building. Peterson said upon looking at the building, he could see a hole in a first floor window.
An audio recording of the 911 call Nielsen made along with a video tape recording Peterson made of his interview with Nielsen were also played for the jury.
Testimony this (Wed.) afternoon featured a couple of experts from the Iowa Division of Criminal Investigation’s crime lab in Ankeny. Under cross examination by defense attorney Ned Bjornstad, Michael Tate of the DCI’s Forensics Laboratory testified there’s no way to tell for sure how the gun discharged.
Victor Murillo, a DCI Criminalist, testifed the Colt Python, the gun that was used, requires 9 3/4 pounds of force to fire when in multiple action mode; or 3 3/4 pounds when in single action mode.
Testimony in the trial will resume Thursday.
