Attorney to argue self defense

A Cloquet man who is facing manslaughter charges will argue he acted in self defense, and seek to have the charges dismissed, according to his attorney.

Joel Jay Ammesmaki, 58, was charged with first-degree manslaughter in September 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.”

Ammesmaki was arrested Sept. 14 after police responded to a 911 call at around 2 a.m. reporting an unwanted person in an apartment inside the Fond du Lac Veterans Supportive Housing building. According to the criminal complaint, when officers arrived, they observed Ammesmaki standing near a couch and an unresponsive male, identified as Clyde Atwood, 60, lying face up on the floor with dried blood around his nostrils. Atwood was unresponsive, his eyes were partially open and he was not breathing, police reported. Ammesmaki allegedly told police he punched Atwood twice and the man fell down. Ammesmaki thought he was sleeping, according to the report.

Ammesmaki appeared remotely in Sixth District Carlton County Court Monday, for an omnibus hearing held via Zoom. Attorney William Gatton, representing Ammesmaki, asked Judge Rebekka Stumme to set an in-person contested omnibus in the case, because he intends to call witnesses. Gatton said he intends to file a notice of self defense and ultimately seek to have the charges dismissed for lack of probable cause.

Although the alleged fight and death occurred in September, investigators are still waiting for the final autopsy report from the Medical Examiner’s office, which they expect the third week of February, according to assistant Carlton County attorney Jeffrey Boucher, who is prosecuting the case.

Because of the current Covid surge, Stumme set the contested omnibus for 2 p.m. April 29, noting that unless things change, she would have to ask for an in-person exemption, as almost all hearings are remote now. The extra time also will give both parties time to digest the autopsy reports, she noted.

“It would give us time to discuss possible avenues of settlement as well,” Gatton said.

Ammesmaki is not in custody and has been complying with probation; the judge encouraged him to continue with that.

First-degree manslaughter carries a maximum sentence of 15 years or $30,000 or both.