OUTAGAMIE COUNTY, WI (WTAQ) – One count has been dismissed against the man accused of instigating May’s fatal encounter at Jack’s Apple Pub in Appleton.
Henry Nellum is no longer charged with Aggravated Battery but still faces seven counts, including Attempted Homicide and Felony Murder.
The defense argued that charging both Felony Murder and Attempted Aggravated Battery violated the ‘Double Jeopardy’ clauses in the United States and Wisconsin constitutions, since the battery count is a lesser offense of the murder count.
As long as Nellum would not be convicted of both, prosecutors said both charges could stand.
The judge agreed with the defense but added that the jury can still consider it when deliberating the Felony Murder count.
Prosecutors say Nellum’s actions led to Officer Jay Steinke fatally shooting bystander Jimmie Sanders.
No trial date has been set.
