The attorney for the Breezy Point man whose manslaughter conviction was reversed Monday, Aug. 12, by the Minnesota Court of Appeals said Tuesday the prosecution has a 30-day period to appeal the most recent court ruling.
As a result, attorney Robert M. Christensen has advised Kevin McCormick not to comment on the case.
McCormick was released from jail in April when the Court of Appeals agreed to hear issues related to the case. An appeals panel ruled 2-1 Monday the trial court should have acquitted McCormick because the circumstantial evidence was insufficient to sustain McCormick’s conviction.
McCormick was found guilty of pulling down a deer stand while Jerry Benedict was in it. The 2010 dispute arose when McCormick spotted a deer stand he believed was on his property. The stand fell during the dispute, with Benedict in it. Benedict died of multiple injuries more than two weeks later.
McCormick’s attorney had argued that the stand toppled by accident and that Benedict likely suffered his fatal injuries later that day, in a fall from a second stand.
McCormick was tried in Clearwater County.