Self-defense argument will be presented during downtown Grand Forks murder trial

Yahoo

a day ago

Jun. 13—GRAND FORKS — A Grand Forks man's attorney plans to provide evidence at trial that suggests a
July 4, 2024, fatal shooting
was an act of self defense.
Nicholas Jon Narveson, 27, is charged with Class AA felony murder, which has a maximum sentence of life in prison without the possibility of parole.
He is also charged with two Class C felonies: terrorizing with a dangerous weapon and reckless endangerment showing extreme indifference — also with a dangerous weapon. A third Class C felony charge, criminal mischief, was dismissed during Narveson's Friday morning, June 13, status conference.
On the Fourth of July in 2024, Grand Forks police were dispatched to Sledsters Food and Brew, located at 21 S. Fourth St., for a reported shooting, according to an affidavit of probable cause filed in the case.
James Erwin Jorgenson, 53, was pronounced dead on scene. He sustained gunshot wounds; during court Friday, it was said that the fatal wound was to his neck.
Narveson was located at a nearby business and taken into custody without incident, the affidavit said.
During Friday's hearing, the prosecution and defense discussed matters with the judge such as jury instructions, jury selection, evidence and witnesses.
The parties largely agreed on jury instructions, but used the time to iron out some specifics such as verbiage and when to introduce certain definitions — such as self defense. This discussion revealed it is the intention of Narveson's attorney, Sam Gereszek, to argue that the shooting was self defense rather than murder.
Andrew Eyre, prosecutor in the case, said he does not believe self defense should be proposed in relation to the terrorizing and reckless endangerment charges, but he agreed it was appropriate to bring it up in relation to the murder charge.
Sixty people will be brought in Tuesday morning, June 17, to go through the jury selection process, which is anticipated to continue into the afternoon hours. An additional dozen or so will be on standby for the afternoon, when they may be brought in if enough potential jurors are dismissed.
Fourteen people will need to be selected — 12 jurors and two alternates. The trial is expected to last until at least Thursday, June 19, if not Friday, June 20, according to court statements.
According to the state's exhibit list, the prosecution plans to present up to 65 exhibits at trial, including video footage from inside Sledsters, police body camera footage and video footage from the nearby business where Narveson allegedly fled to after the shooting.
There will also be a number of photographs presented, of the bar, entrance, bullet fragments and bullet holes in Sledsters.
There will also be photographs of the deceased and an autopsy report. The only piece of evidence Gereszek objected to being included in trial was a photo of the deceased that he said would evoke an emotional response by the jury, and therefore is unfairly prejudicial.
"It's a photograph of the victim's face," Gereszek said. "... To show the face on the autopsy table, I think, is inflammatory."
He argued the other photo the prosecution submitted would be sufficient, and more appropriate, as it only shows Jorgenson's neck, which is the location of the fatal wound.
Eyre argued the photo was not unfairly prejudicial; he said it had no blood or gore. Gerezsek agreed the photo was not gory, but said his main concern was that the deceased has a "vacant death stare."
Gereszek said he didn't believe the prosecution's intent was to evoke an emotional response, but he believed it was inevitable.
Both parties cited decisions in previous cases to support their arguments. Judge Kristi Venhuizen, who is presiding over the case, said she was leaning toward allowing the photograph into evidence as it allows the deceased to be identified without being unduly gruesome, but would make an official determination later.
Recordings of calls made to 911, as well as the corresponding transcripts, and calls made from within the jail are also on the state's exhibit list.
Physical evidence likely to be presented at trial are the firearm, shell casings, bullet fragments, a magazine and ammunition.
The state's witness list includes 17 people: eight police officers, a UND pathologist, one victim and seven witnesses. The pathologist is the prosecution's sole expert witness.
The prosecution, defense and judge will meet one last time to address any final concerns Tuesday morning, June 17, before jury selection begins.