Citing double jeopardy, Fargo man who killed 14-year-old Jupiter Paulsen wants murder conviction dropped – INFORUM

FARGO The defense attorney for a Fargo man found guilty of killing a 14-year-old girl is asking a judge to throw out his client's murder conviction, claiming it's a case of double jeopardy.

Defense attorney Eric Baumann filed a motion on Tuesday, Oct. 18, seeking to vacate the murder conviction, or alternatively the aggravated assault conviction, against 23-year-old Arthur Prince Kollie.

Last month, a Cass County jury found Kollie guilty on the two charges, as well as robbery, for an early June 4, 2021, attack on Jupiter Paulsen in Fargos Party City parking lot.

Prosecutor Ryan Younggren said he plans to recommend Kollie serve the maximum punishment for Jupiter's death, which would be life in prison without parole.

Prosecutors successfully argued that Kollie intended or knowingly caused Jupiters death when he attacked her for nearly 30 minutes. He stabbed the girl 25 times, kicked the teen and strangled her before a sanitation worker happened upon the scene, according to a criminal complaint. Kollie then fled as the city worker told him to wait for police to arrive, prosecutors said.

Several days after the attack, Jupiter died from her injuries on June 13, 2021, while hospitalized.

During the trial, overseen by Judge John Irby, Baumann argued that Kollie suffered from a mental illness exacerbated by meth he ingested the day before the attack. Kollie told police he didnt remember the assault.

Thats because Kollie suffered a psychotic break when he attacked Jupiter, Baumann claimed. A counselor told jurors she gave Kollie a provisional diagnosis of unspecified psychosis" days before the attack, noting he should get therapy and further psychiatric evaluation.

Court rules prevented prosecutors from presenting to jurors the testimony of a State Hospital psychologist who determined Kollie likely exaggerated or lied about his mental illness.

Jurors didnt buy the defenses argument after prosecutors argued Kollie ditched evidence of the crime and tried to cover up his actions.

That included taking a shower shortly after the assault, throwing his bloodstained clothes and Jupiters belongings in the trash, and changing clothes in a Walmart, prosecutors said.

After an eight-day trial, jurors deliberated for about two hours before finding him guilty on all counts.

In his latest motion, Baumann argued Kollie should not be found guilty on two charges for the same conduct. The Fifth Amendment of the U.S. Constitution prohibits a person from being convicted twice on the same offense, also known as double jeopardy.

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A person cannot commit murder without also committing aggravated assault, Baumann wrote in arguing that one of the charges should be dismissed.

It's unclear when Judge Irby will rule on Baumann's motion. If the murder conviction is vacated, Kollie would face up to 15 years in prison.

Younggren said he was aware the motion would be filed. His team plans to discuss how to respond to the request, he said.

He also said he doesn't foresee the motion causing a delay in sentencing.

Kollie remains in custody at the Cass County Jail as he awaits sentencing, which is set for Friday, Oct. 28.

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Citing double jeopardy, Fargo man who killed 14-year-old Jupiter Paulsen wants murder conviction dropped - INFORUM