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Andrew Thistleton
Andrew Thistleton is on trial for assault after allegedly throwing a snowball at a coworker.
SNOWBALL TRIAL


Snowball Trial Ends In Mistrial; New Trial Scheduled

Thistleton To Appear In Court Next Week

POSTED: 10:31 am MST December 7, 2007
UPDATED: 7:52 pm MST December 7, 2007

The trial of an Australian man charged with assault for throwing a snowball ended in a mistrial Friday.

Jurors were expected to reach a verdict in the trial of 21-year-old Andrew Thistleton by the end of the day but new information that was brought to light led the judge to call a mistrial.

Officials indicate that plaintiff Michelle Oehlert said Friday that Thistleton "tried to make me feel stupid by using big words to make himself feel better -- sometimes he'd brush his hand against my behind."

No sexual misconduct allegation was ever discussed before Thistleton's trial started.

A new trial has been scheduled for next week.

Thistleton, 21, was charged with third-degree assault and harassment after allegedly throwing the snowball at Oehlert on Feb. 4 near the employee housing complex at the Copper Mountain Ski resort.

Prosecutor Michael Angel said Thistleton and Oehlert did not get along. The two had worked together at a ski rental shop.

District Attorney Mark Hurlbert has said the object Thistleton allegedly threw was more like an ice ball than a snowball.

The trial began Thursday with the selection of 12 men and women to the jury.

Oehlert told police she was walking to the bus stop when Thistleton and two other people began taunting her. Hurlbert said Oehlert's back was turned when the snowball struck her on the side. Oehlert said she felt pain due to a prior injury from a car accident.

A witness, Nathan Sparks told deputies that Thistleton threw the snowball, but "not in a harmful way." Police said Thistleton told them he threw the snowball and offered to apologize, but he denied saying anything offensive to Oehlert.

Thistleton pleaded not guilty in July. He has flown from Australia to Colorado for the trial.

His attorney called the case "insane" and "a waste of taxpayers' time," according to the Sydney Daily Telegraph. Australian newspapers are covering the story because Thistleton is a Sydney University student who was working at Copper as a seasonal employee.

Many residents in Breckenridge feel the same way.

"I don't feel a snowball is a weapon. We've gone over the top with lawsuits," said one woman.

"I think it's ridiculous. That's what snow is for," said one man.

"That sounds like a snowball fight to me," another man said.

Prosecutors disagree.

"This was not a snowball fight. Snowball fights happen everyday in Summit County from October to May," Hurlbert said. "We don't generally prosecute for this. This was an ambush. And somebody was hurt."

The case has had so much attention that a gag order was issued to ensure a fair trail.

Three media outlets in Australia are covering the case.


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