Fargo man accused of kicking feces at police a no-show for trial
A 65-year-old Fargo man accused of kicking his own feces at a police officer did not show up for his trial set to begin Wednesday, which prompted a judge to issue a bench warrant for him.
The attorney for Dennis Lester Fike, who faces two felony charges in connection with the Aug. 28 incident, said Fike meant to be in court but was mistaken about what time to arrive.
Brian Nelson, the attorney for Fike, said his client will appear in Cass County District Court on Tuesday to resolve the warrant.
A two-day trial had been scheduled in the case. Fike faces felony counts of attempted assault and preventing arrest as well as a misdemeanor charge for disobeying a judicial order.
Police say that while they were responding to a call at a house party, Fike pulled his pants down and defecated on the floor before he kicked the feces at officers.
Nelson said that while he was in handcuffs, Fike asked an officer to use the bathroom and was told by cops he didn't really need to go.
So after he was finished, Fike was not kicking feces at police, his attorney said. He was sliding it toward officers to show them proof he wasn't kidding about having to go, Nelson said.
"They've construed that to be felony assault," he said.
Nelson said though the trial was to begin at 9 a.m., Fike thought he could come in the afternoon because a defense witness he spoke to was told to arrive then.
After Fike appears before a judge on the revocation of his bail, a trial date will be reset, said Leah Viste, an assistant Cass County state's attorney.
Missed hearings are not rare, but Viste said Fike's no-show was the first time a defendant she was trying didn't show up for a trial.