A Duluth man who said he was beaten because he is gay and was charged with assault along with several others in the May 26 incident pleaded not guilty Tuesday. Max Andrew Pelofske, 22, said he plans to take his case to trial.
Pelofske told police that he was attacked during a gravel pit party in Kelsey Township after he was asked if he was gay and responded, "Yes, I'm gay; Is that a problem?" A fight allegedly ensued in which a few people sustained minor injuries, including Pelofske.
St. Louis County Sheriff's investigators say numerous witnesses told them Pelofske was at least partially responsible for instigating the melee by pushing someone, stealing beer and throwing a can at someone after he was hit by one. One witness allegedly told investigators that he punched Pelofske in the head and Pelofske kicked him in the nose.
When the charges were filed on June 5, Assistant St. Louis County Attorney Nathaniel Stumme said the evidence didn't justify filing hate-crime charges. Stumme said people "we would presume to be (Pelofske's) friends" did not support his allegations.
According to the criminal charges and in interviews with the News Tribune, three people at the party that night -- all of them friends with Pelofske -- said Pelofske was attacked after saying he was gay. However, other witnesses at the party said they never heard anything about Pelofske's sexual orientation before the alleged assaults.
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In an attempt to learn more about what happened at the gravel pit that night and the subsequent investigation, on July 10 the News Tribune requested that the sheriff's and attorney's offices release its investigative records in the incident, but that request was denied on Monday.
While criminal investigative records such as police interviews with witnesses are considered non-public under Minnesota law, a law enforcement agency can release those records if it's determined that doing so would benefit the public and "promote public safety, or dispel widespread rumor or unrest."
"The more the public knows about what took place that night, the better able they will be to make a decision about what role animosity toward gay people played in the injuries received by Pelofske," the News Tribune wrote in its request to release the records. "That continues to be a matter of public concern and public debate."
However, both offices denied the request, saying in a letter dated on July 13 that they disagreed with the News Tribune's assessment that "there is widespread rumor, and do not believe public safety would be promoted with the release of the investigative data."
Sheriff Ross Litman said Tuesday he didn't believe releasing the data met the threshold of what was required in state statute.
"I don't believe that because 30 people are standing on the courthouse steps demanding that charges be dropped constitutes widespread rumor," said Litman, referring to a rally on July 7 held by the gay rights advocacy group OutFront Minnesota.
On Tuesday, Pelofske said he wants those records to be released.
"The facts, the truth will be shown," he said. "All of these rumors will be put to rest."
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Pelofske was accompanied at his court hearing Tuesday by Rebecca Waggoner, the anti-violence program director for OutFront Minnesota. She said she also believed the records should be released.
"Rumors and innuendo have driven this case in unfortunate ways," Waggoner said.
For now, Pelofske will be represented by a public defender, but Waggoner said her organization is working to secure private counsel for him.
"We'll support him every step of the way," she said.
In total, seven people were charged with crimes in connection to the gravel pit incident, ranging from fleeing a peace officer to fifth-degree assault, disorderly conduct and underage drinking and driving.
