A 25-year-old Deer River man is jailed on $100,000 bail after allegedly stabbing a stranger with a broken beer bottle in a downtown Duluth bar bathroom. Kyle Eugene Heisler Jr. faces felony charges of second-degree assault with a dangerous weapon, threats of violence and obstructing the legal process in connection with the September 13 incident at Ace’s Bar.
According to PinkNews, the alleged attack happened in a bathroom at Ace’s Bar, with police responding to the venue at around 12:10 a.m. that night. Investigators say Heisler confronted a 37-year-old man and his friend in the men’s room, hurling homophobic slurs before stabbing the victim in the abdomen several times with the broken bottle.
The alleged victim was later hospitalized for injuries from the attack, according to the report.
Officer Threatened During Arrest, Complaint Alleges
Police later found Heisler and a woman several blocks from the bar, the report said. The criminal complaint alleges that Heisler’s shirt appeared to have blood on it and that he resisted arrest. It also alleges that he threatened an arresting officer, saying he would put the officer “in the ground.”
St. Louis County prosecutors said the victim suffered a punctured kidney and other wounds and remained hospitalized as of September 15. Investigators believe the attack may have been based on Heisler’s mistaken belief that the victim was gay, according to the report.
Prosecutor Says Hate Crime Charge Is Under Consideration
St. Louis County prosecutor Mike Ryan told the outlet that a hate-crime charge was “certainly on my radar.” Minnesota law allows an enhanced penalty for certain felony assaults motivated in whole or substantial part by a victim’s actual or perceived sexual orientation, but no such enhancement has been confirmed as filed in this case.
Ryan said the alleged motive appeared to be an incorrect assumption about the victim’s sexual orientation and characterized Heisler as a potential danger to others, according to the report.
If convicted, Heisler faces a maximum of 10 years in prison on the assault charge and up to five years on the threats charge. A separate mncrime.com defendant record lists the St. Louis County case against Heisler. LGBTQ Nation also reported on the alleged attack. Heisler is presumed innocent unless proven guilty, and the case remains ongoing.
What the hate-crime law and local resources provide
According to the Minnesota Revisor of Statutes, a qualifying felony assault motivated in whole or substantial part by a victim’s actual or perceived sexual orientation can carry a statutory maximum 25 percent longer than the otherwise applicable maximum. The statute does not by itself show that such an enhancement has been filed in this case. The City of Duluth Human Rights Office says residents, community leaders and businesses can seek help with LGBTQ-related concerns, including discrimination complaints and connections to local resources, by calling 218-730-5630 or emailing [email protected].
