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A Cloquet man accused of manslaughter resulting from a fight pleaded guilty Friday in Sixth District Court in Carlton.
Joel Jay Ammesmaki, 59, was charged with first-degree manslaughter in September 2021 for “causing the death of another while committing assault in the fifth degree with such force and violence” that death or great harm was “reasonably foreseeable.” It was not alleged that he intended to murder his victim, just that he punched him so hard that death was a possible outcome.
Under the terms of a plea agreement last week, the charge was dropped to second-degree manslaughter, which carries a maximum sentence of 10 years, versus 15 years for first degree.
According to the criminal complaint, Ammesmaki was arrested after police responded to a 911 call at around 2 a.m. Sept. 14, 2021, reporting an unwanted person in an apartment inside the Fond du Lac Veterans Supportive Housing building, where Ammesmaki lived.
When officers arrived, they observed Ammesmaki standing near a couch and an unresponsive male, identified as Clyde Atwood, 60, lying on the floor with blood around his nostrils. Atwood was unresponsive and he was not breathing, police reported.
Both men had been drinking whiskey, according to statements made by Ammesmaki to police at the time. He also told police that Atwood had hit him, after swearing and calling him by the wrong name, and that Ammesmaki hit the victim in self defense.
According to a medical examiner’s report, the victim showed evidence of acute and remote blunt force injury, natural disease, and extensive resuscitative efforts. Acute injuries included bleeding in the subcutaneous tissues of the scalp and below the protective layer of the skull, along with rib fractures and bruising of the extremities and torso.
As detailed in the criminal complaint, video of both men and later Ammesmaki recorded inside the Veterans Supportive Housing building shows Ammesmaki approaching the security desk alone at 12:34 a.m. Ammesmaki then left his apartment and approached the security office at 1:29 a.m. before returning to his apartment at 1:40 a.m. Further footage, police said, shows Ammesmaki leaving his apartment and knocking on the door of another apartment at 1:42 a.m. before returning to his apartment. Officers arrived on the scene at 2:11 a.m. No one else was observed entering or exiting the apartment.
Assistant Carlton County attorney Jeffrey Boucher said Ammesmaki admitted to the physical altercation in court. Ammesmaki also admitted that by not calling 911 or attempting to wake Atwood for at least 40 minutes, his actions ultimately caused Atwood’s death.
“He admitted Atwood was in trouble but said initially he was breathing,” Boucher said. “When medical personnel arrived, he was not breathing.”
Boucher said Atwood’s next of kin was in court Friday and were in consultation with the county attorney’s office throughout the case. They supported the agreement.
“It’s appropriate given the facts,” Boucher said. “But no plea can change the fact that Mr. Atwood is deceased and doesn’t have to be.”
The plea bargain did not include a sentencing agreement. Sentencing is set for March 21.