Jury finds Colorado influencer David Lesh not guilty of felony assault, guilty of 3rd degree assault
Both the defense and prosecution presented closing arguments in Summit County court before the judge sent the jurors to deliberate
Courtesy photo
In the final day of testimony on Friday, Jan. 17, Colorado-based social media influencer David Lesh took the stand at his own trial as the defense rested its case and both sides gave closing arguments.
The jury began deliberations late Friday evening, finding Lesh, 39, not guilty of second degree assault by strangulation, a Class 4 felony, but guilty of third degree assault, a Class 1 misdemeanor, and guilty of disorderly conduct involving fighting in public, a misdemeanor, according to the verdict read in court around 10 p.m. A sentencing hearing was tentatively set for Feb. 6.
A retired pro skier and the founder of a clothing brand, Lesh is notorious for provocative stunts and social media posts. The assault charges stem from a fight between Lesh and another man that occurred during a snowmobiling outing at Spring Creek trailhead in Summit County on March 25, 2023, according to court documents.
In closing arguments, deputy district attorney Lauren Crisera said, “This is not a case of self defense. This is a case of assault that there is no justification for.”
Crisera said there is no evidence in the case that the other man ever threatened Lesh and noted that in a video of the man yelling expletives at Lesh, Lesh is laughing, not responding in a scared manner.
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While some witnesses testified that the other man had told friends he wanted to fight Lesh, Crisera said there is no evidence in the case that the man ever said this to Lesh’s face. She said that in the lead up to the altercation, Lesh is the only one to make a threat, and that video evidence shows him strangling the man.
In a video captured by the man’s GoPro, Lesh can be heard saying, “I’ll knock you the (expletive) out and take your keys,” just before he jumps off his snowmobile at the man, knocking the GoPro into the snow.
Crisera noted that the video shows the man tethering himself to his snowmobile just moments before Lesh “attacked” him and that one witness testified that he didn’t see the man acting aggressively. She said that in the GoPro video there is no sign of the man “posturing” for a fight like some of the witnesses had claimed.
Crisera said that the man testified that he had been strangled and can be heard shouting in the video “I can’t breath” and “he’s choking me.” She noted that the forensic nurse who treated the man afterward recorded symptoms of potential strangulation, including the man reporting a deeper voice and a scratchy throat.
Crisera questioned the credibility of some of the witnesses in the case, including Lesh himself. She asked: If Lesh had truly been acting in self defense, why did he drive right up to the other man that day, instead of driving away from him?
“Nobody deserves to be attacked and strangled and have their eye poked out and their thumb bitten when all they wanted to do is go snowmobiling,” Crisera said.
In closing arguments, Lesh’s defense attorney Colleen Kelley said, “How many times does a person have to threaten you before you are afraid?”
Kelley noted that self defense is justified if a person reasonably believes that the use of unlawful force by another person is “imminent.” She said that everything Lesh did the day of the altercation was based on a reasonable belief that the other man posed a threat.
Kelley pointed to testimony and video evidence in the case that the other man had screamed at Lesh during a snowmobiling outing about two weeks prior to the altercation. Lesh testified that during that incident, “I thought he was going to punch me in the face.” He added, “I was done with him after that.”
Kelley noted that at one point after the altercation the other man said that he had had “pent up aggression” toward Lesh.
Kelley noted that testimony in the case also pointed to other times that the other man lost his cool in the backcountry, throwing what at least one witness described as a “temper tantrum.” She also noted that in testimony, friends told Lesh that the other man had said during a trip in Gunnison that he wanted to beat Lesh up.
“Because of the freak-outs, it was clear to Lesh that he wanted to beat him up,” Kelley said.
Kelley also noted that just before the altercation the other man had told Lesh, “I will follow you until I have to.”
“What does that mean?” Kelly asked.
Lesh said the man’s comment about “following me until he had to” was “threatening but not a physical threat.” To make the point that it was threatening, Lesh raised the comparison of those words being said to a woman walking down a dark alley alone. He said that he was afraid that if the man got him alone in the backcountry it could be “deadly.”
Crisera noted that there were other people snowmobiling in the group with Lesh and the other man. She also said that the man was “safety conscious,” so he didn’t want to ride out to his friends, who were already in the backcountry, alone.
Kelley said that there is no evidence that Lesh strangled the man or restricted his breathing. She said that the video evidence doesn’t show that happening and more than one witness to the fight also said that they didn’t see that. She also said there was “no medical testing or scientific evidence” to show that he had been strangled.
Crisera noted that both forensic nurses that testified in the case said that someone can be strangled without markings or testable symptoms.
Kelley also questioned whether the video taken on the man’s GoPro had been tampered with. She noted that the GoPro was lost, so the original footage was never obtained by law enforcement.
But Crisera asked the jurors to look long and hard at the evidence in the case, especially the GoPro video that showed Lesh “launch” himself at the other man. The jury deliberated for around 2.5 hours before reaching its verdict.
This story is from SummitDaily.com
