Cass County is reviewing an aggravated assault charge against a Fargo man after the victim died and witnesses gave conflicting stories, a prosecutor said Monday.
Marlowe W. Hiller, 58, died Saturday at Fargo's MeritCare Hospital, five days after he suffered head injuries in a reported fight at the Fargo AMVETS club, 1001 1st Ave. S.
Witnesses initially told police that Shawn Doty, 40, 116 11th St. S., got into a verbal fight with Hiller shortly after 8 p.m. on June 6. He then pushed Hiller, who fell backward and was knocked unconscious, according to the police report.
Based on that report, Doty was charged with aggravated assault, said Assistant State's Attorney Mark Boening. But police have now have taken additional, conflicting witness statements about that night, he said.
"The witnesses do not all agree on exactly how this happened," Boening said.
ADVERTISEMENT
He would not discuss how other witnesses described the events that led to Hiller's injury. Fargo police Sgt. Pat Claus said he could not comment because the case is under investigation.
Hiller's body was scheduled for an autopsy Monday, Claus said. The results and other information that turns up will be forwarded to prosecutors.
Boening said prosecutors are reviewing the case, considering both Hiller's death and additional witness statements.
"Obviously if we're going to continue to prosecute the case we're going to look at filing amended information," Boening said.
Hiller will be buried Wednesday in Moorhead. His mother, Lillian Anderson of Moorhead, said the family did not want to comment.
According to Hiller's obituary, he worked in environmental services at MeritCare's South University campus.
Readers can reach Forum reporter Andrea Domaskin at (701) 241-5556
