Erickson faces lawsuit from fight outside of bar

A Havre man convicted of a felony charge for striking a man while in the parking lot of a Havre tavern two years ago now faces civil charges stemming from the same incident.

Gene Johnson of Big Sandy has filed a lawsuit against Kenneth Erickson, born in 1961, for injuries sustained April 23, 2011, when Erickson struck Johnson to the ground.

Erickson is scheduled to be sentenced on the felony, criminal endangerment, Tuesday.

Johnson spent a week in intensive care and has suffered permanent injuries from brain damage sustained when his head struck the pavement in the parking lot.

In the civil case, Johnson "demands judgement against Erickson to be determined at trial" as well as attorneys' fees, court costs and "such and other further relief the court deems just and proper," the suit says.

Erickson maintained from the start — including testimony in his own defense during the trial held Feb 12-14 in state District Court in Havre — that he was acting in self-defense and that Johnson started the altercation and was shoving him before he struck Johnson once in the face.

Johnson said he approached Erickson that night because he thought Erickson had previously called the police, which led to their charging Johnson with driving under the influence, but the he had not been aggressive before Erickson struck him.

He also testified that he found out later Erickson had not called the police about him.

Other witnesses for the prosecution testified that Johnson was not aggressive before Erickson struck him, while defense witnesses testified to the contrary.

The jury found Erickson not guilty of the primary charge, aggravated assault, which alleges the defendant intentionally caused, or caused apprehension of, serious bodily injury.

The alternative charge of criminal endangerment of which they convicted him says the defendant knowingly engaged in conduct with a high probability of causing death or serious bodily injury.