Minn. man pleads not guilty in post-game fight case

GREEN BAY - A Minnesota man charged with felony battery and disorderly conduct plead not guilty in Brown County court Tuesday. The case will now go to trial.

Mark Swanson, Lakeland, Minn., appeared in commissioners court for a preliminary hearing.

The charges stem from an incident that occurred after a Minnesota Vikings-Green Bay Packers game on December 2.

In court, Ashwaubenon Public Safety officers described what they found out while investigating the incident between Swanson and the victim, 50-year-old Paul Hrubesky. That included a video of the events taken by Swanson's girlfriend. The video wasn't shown in court, but an officer described it.

"There was some pushing and shoving, some words exchanged and you see another gentleman, coming up to try and intervene in the thing,” explained Robert Messer, an investigator and officer with the Ashwaubenon Public Safety Department.

“The camera goes off-view, and you see the defendant kind of turn and draw back like he's going to throw a punch. And then you don't see anything – you hear what sounds like a thud, and then the camera pans down and there's a gentleman lying on the ground, unconscious,” said Messer of the video. “You hear a female voice say, something along the lines of, 'Mark, get out of here, run!'"

Messer says he found Swanson and a friend behind the K-Mart, a short distance away from the bar parking lot where the incident occurred. Both cooperated with police and were taken into custody. The friend was not charged.

"One of the issues here is going to be self defense claim in this case," explained Swanson’s defense attorney Brian Maloney.

Maloney wanted to show the video. He said it shows a key part of the defense's case: that the victim's son, Shawn Hrubesky, started the fight.

"Was it Shawn Hrubesky who broke away from his group and went over and then started a fight with my client?" asked Maloney of Messer.

"It does appear that Shawn started the fight, correct," answered Messer.

"There's no indication in the video that Paul was attacking him or going after him,” added Messer. “It just appeared he had gone into the situation in an attempt to maybe diffuse it."

Messer says the elder Hrubesky doesn't remember much of the incident since he was knocked out. He suffered three facial fractures and needed eight stitches.

Messer says Shawn Hrubesky did not give a statement at the scene, asking for a lawyer.

The prosecutor, Amy Pautzke, said she wasn't against showing the video, but told the court the witness statements matched what is on it.

"But I guess I think self-defense is more of a trial issue, than a preliminary hearing issue."

The court agreed.

"I'd rather have it heard by the judge that a final determination can be made," said Court Commissioner Jane Sequin.

Sequin ruled authorities have enough evidence to send the case to trial. The case is due back in court February 7 – Swanson doesn't have to be present.

Both sides declined comment after the hearing.