Jefferson Wilbur, who has been in a Sioux Falls hospital since he was discovered unresponsive with serious head injuries in an alley in the 200 block of Grand Avenue Sept. 1, passed away Sunday.
Chase Foote, 22, of Spencer, was charged with willful injury, a class C felony, for his alleged role in an altercation with Wilbur. He now awaits a decision from the Clay County Attorney's office regarding any change in the charges.
A release from the Spencer Police Department indicated their agency and the county attorney are "awaiting autopsy results as the case is still ongoing."
On Monday, Sept. 24, Foote entered a plea of not guilty and demanded his right to a speedy trial in a written arraignment. He posted bond on the original charge and was released from Clay County Jail in October.
Public defender J.P. Greer, on Sept. 21, in a motion to reduce Foote's bond from the initial amount of $25,000, wrote: "According to the statement contained in the minutes of testimony, Jefferson Wilbur (the alleged victim) physically confronted Foote by pushing him in the chest and Foote told him not to touch him and Foote was walking away, but Wilbur pursued him. There is little, if any, evidence of intent to cause serious injury."
There are now three scheduled Clay County trials associated with a pair of independent assault allegations for incidents that resulted in the death of two men within a one-week period of time.
Chris Fitzpatrick and Cody Millard -- both of Spencer -- each face first degree murder charges for their alleged participation in a Aug. 28 assault on 59-year-old Edward Kitto, just four days prior to the Foote and Wilbur altercation.
All have entered not guilty pleas in their respective cases.
Attempts to reach Clay County Attorney Mike Houchins for comment were unsuccessful, as he was in court.