Evidence disputed in stabbing
An Alexandria man accused of fatally stabbing another Alexandria man last June made a court appearance Friday.
The attorney for Kody Lee Klimek, 26, filed a motion seeking to suppress evidence that was found on Klimek’s cell phone.
Because the police obtained a search warrant before they searched the phone, the defense contends that the search warrant shouldn’t have been issued in the first place. Klimek’s attorney is arguing that the application for the search warrant lacked probable cause to justify the issuance of the warrant.
Douglas County Attorney Chad Larson has until January 17 to file a brief outlining why he believes the procedure was proper and the search warrant was duly issued.The defense attorney was ordered to file a brief by January 31.Judge Ann Carrott will then make a decision on whether the evidence will be allowed. No date has been set yet for the next hearing.Klimek was indicted last June on two counts of second-degree murder and one count of third degree murder in the death of Phillip Alstadt, who died of a stab wound near an apartment complex on 6th Avenue East and McKay Avenue in Alexandria.Klimek is being held in Douglas County Jail on a $1 million bond. If convicted of any of the counts, he faces a maximum sentence of 25 to 40 years in prison.The incident began on Saturday, June 1 at approximately 1:11 p.m. when Alexandria police officers and emergency medical services were dispatched to Lincoln Estates, 1705 6th Avenue East, to a reported stabbing. When officers arrived at the scene, Altstadt, 28, was found lying in the grass and had been stabbed in the arm and chest.He died within five minutes after officers received the call. Cause of death was later identified as exsanguination due to a stab wound in the chest.According to court documents, Klimek and Altstadt got into an argument in the parking lot. Witnesses told investigators that after Klimek shouted to Altstadt, Altstadt approached and pushed Klimek, who retaliated with a knife. A witness said the push didn’t appear to be “very hard.”After the stabbing, Klimek allegedly walked away from the scene toward the All-Stop gas station and hastened his pace once bystanders began screaming.Klimek was apprehended at gunpoint without incident on 7th Avenue East within 40 minutes of the 911 call and had a bloody knife in his possession, along with blood on his face, hands and clothing, according to authorities.While in a police squad car, Klimek told an officer, “He came at me; I was scared for my life,” according to the criminal complaint.Altstadt was born in Detroit Lakes and attended high school in Alexandria. A member of the Class of 2003, he was a wrestler who later went on to study at Alexandria Technical and Community College.