Judge dismisses case, says 'any number of people' could have stabbed UMD running back
Somebody stabbed college football player Austin Sikorski, but a jury won't be asked if it was Xavier Davis. A judge in Duluth dismissed the case against the 23-year-old Davis on Tuesday, ruling that "there is not enough evidence to suggest that M...
Somebody stabbed college football player Austin Sikorski, but a jury won’t be asked if it was Xavier Davis.
A judge in Duluth dismissed the case against the 23-year-old Davis on Tuesday, ruling that “there is not enough evidence to suggest that Mr. Davis was the one who did it.”
Sikorski was a running back for the University of Minnesota Duluth football team when he was stabbed outside the Flame nightclub in downtown Duluth early on Aug. 2. Sikorski had been on the crest of his senior season when he was stabbed. After surgery he later returned to the field.
Among 318 pages of investigatory material in the case, one eyewitness reported coming upon an injured Sikorski against a wall in the moments after a fight that started in the club. The fight continued out in the street and ended with the running back wounded at the intersection of Superior Street and First Avenue West.
“No one ever sees a knife come out,” District Judge Eric Hylden wrote in his decision. “No one sees Mr. Davis holding a knife or any other dangerous weapon. Police investigators never found a knife after the incident.”
The judge praised the Duluth Police Department’s thorough investigation, but ruled “there must be enough evidence to create a jury question on whether this Defendant (sic) committed this crime.”
Amid a scene with witnesses who “had been drinking quite a bit,” the judge wrote, and people “milling about the sidewalk and street,” Sikorski told investigators he “could not remember any particular person stabbing him.” Sikorski also said he felt pain in his belly “up the hill,” before a group containing Davis was observed chasing after the group with Sikorski.
“Any number of people might have done it,” Hylden wrote.