In Brief:
- Minnesota Court of Appeals reversed a fifth-degree assault conviction stemming from a dispute over protest leaflets at a NAMI fundraising event.
- The defendant was convicted of assault based on fear but acquitted of assault based on harm and appealed the conviction.
- The appeals court found the evidence supported a reasonable inference that the defendant’s sole intent was retrieving his leaflets.
- A dissenting judge argued the defendant’s aggressive conduct provided sufficient evidence that he intended to cause fear of immediate bodily harm.
A man convicted of assault stemming from a dispute over leaflets left on cars appealed. In a divided opinion, the Minnesota Court of Appeals reversed his assault conviction.
In September 2023, Neil Elavsky attended a fundraising march in Minneapolis organized by the National Alliance on Mental Illness (NAMI), a cause that he opposed. Elavsky had previously protested NAMI by leaving leaflets on cars encouraging people not to donate. During the event, individuals referred to as “June” and “Lynn,” who were both NAMI supporters, noticed the leaflets and removed them from their cars.
When Elavsky saw June carrying the leaflets toward a trash can, he approached her angrily and demanded that she return them. June refused, arguing that the leaflets were public property. Elavsky then rushed toward her, grabbed her hand and arm, and took the leaflets from her hand. June said they were standing chest to chest, but she acknowledged that Elavsky never hit, shoved, or raised his arms toward her…