Nelson is accused of attacking Minnesota State, Mankato football player Isaac Kolstad outside some bars in Mankato following an argument on May 11. Investigators say Nelson kicked Kolstad in the head.
Attorney Jim Fleming said during a hearing Monday that Nelson's kick wasn't enough to cause great bodily harm.
The Free Press (http://bit.ly/1CaUv76 ) reports that Fleming says those injuries were caused by another man who punched Kolstad, causing him to fall and hit his head on the pavement.
The attorney says Kolstad vomited and cut off his air supply, which caused brain damage.
A judge didn't immediately rule on a dismissal motion.
Information from: The Free Press, http://www.mankatofreepress.com