MANKATO, Minn. (AP) — An attorney for former Minnesota quarterback Philip Nelson says prosecutors do not have enough evidence to justify charges of first-degree assault.

Nelson is accused of kicking Minnesota State, Mankato football player Isaac Kolstad in the head outside some bars in Mankato following an argument. Four police officers and a witness testified in Blue Earth County District Court Monday about what happened the morning of May 11.

The Free Press reports attorney Jim Fleming said Nelson's kick wasn't enough to cause great bodily harm. Fleming says those injuries were caused by another man who punched Kolstad, causing him to fall and hit his head on the pavement. The attorney argued Kolstad vomited and cut off his air supply, causing brain damage.

A judge did not immediately rule on a dismissal motion.

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