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Prosecution rests its case in trial of Denver-based social media influencer as defense calls 1st witness

Before resting its case, the prosecution played a video that showed Lesh on top of the other man with his hands near his throat

David Lesh, 39, is facing criminal charges related to an alleged assault at the Spring Creek Trailhead in unincorporated Summit County on March 25, 2023.
Courtesy photo

In the third day of testimony on Thursday, Jan. 16, in the trial of a Denver-based social media influencer, the prosecution rested its case and the defense called its first witness.

David Lesh, 39, has pleaded not guilty to charges of second degree assault by strangulation, a Class 4 felony, and third degree assault, a Class 1 misdemeanor.

A retired pro skier and the founder of a clothing brand, Lesh is notorious for provocative stunts and social media posts. The assault charges stem from a fight between Lesh and another man that occurred during a snowmobiling outing at Spring Creek trailhead in Summit County on March 25, 2023, according to court documents.



On Thursday, deputy district attorney Lauren Crisera called the Summit County Sheriff’s Office detective who investigated the case to testify. The detective testified that he viewed a GoPro video of Lesh jumping off his snowmobile seat at another man, tackling him and knocking the GoPro off into the snow.

The detective said that he visited the man at his house the day after the altercation and observed the man to have two black eyes but that he did not observe any bruising or other marks around his neck. Because the man said he had been strangled, the detective said he recommended that the man go to the hospital to undergo a forensic nurse examination.



The forensic nurse who completed that examination testified that she observed scratches and bruising on the man’s face but did not note any bruising or redness around his neck. She testified that the man reported his voice deepening and a scratchy throat, among other subjective symptoms that could have been consistent with strangulation. She said when she completed a CT scan to ensure there was no damage to the blood vessels in his neck, the scan did not show any damage.

Both that forensic nurse, and a forensic nurse who was called by the defense as an expert witness, testified that someone could have been strangled but not show any visible markings or results in a CT scan.

The forensic nurse called by the defense, however, took issue with the fact that the forensic nurse that inspected the man did not take photos of the man’s neck. She called the exam by the other forensic nurse “moderately thorough” but said that it didn’t follow all best practices.

On Thursday, the prosecution also played a video captured by another snowmobiler who witnessed the altercation between Lesh and another man.

In the video, Lesh and the other man can be seen tussling on the snowy ground. Muffled sounds that the detective described as the other man stating, “I can’t breathe” can be heard as the man hits Lesh with an open hand, an action the man claimed in testimony was him “tapping out.” Later in the video, Lesh is on top of the man with his hands near the man’s neck. The man can be heard in the video shouting that Lesh is “choking me.”

After the prosecution rested its case Thursday, Lesh’s defense attorney, Colleen Kelley, called the snowmobiler who shot the video of the fight to testify. Kelley in opening arguments on Tuesday said that Lesh had been acting in self defense.

In testimony Thursday, the snowmobiler said he did not see Lesh choking the other man and did not intervene because he didn’t believe that the other man was being choked because he was shouting “loud and clear.”

The snowmobiler testified that the other man is a “hothead” with a history of outbursts who “hated” Lesh. He recounted several instances where the man had lost his temper at Lesh and he told the jury that the man had told him that he wanted to fight Lesh, though he had never said that to Lesh’s face.

Under cross examination by the prosecution, the snowmobiler testified that he had initially lied to law enforcement, telling the detective investigating the case that he had not witnessed a fight or shot video of a fight on March 25, 2023.

When describing the lead-up to the altercation, the snowmobiler testified that the other man wasn’t yelling or screaming at Lesh, and that while Lesh threatened the man, the man did not threaten Lesh. 

He testified he saw Lesh “step over” his snowmobile toward the other man, leading to the altercation. When Crisera replayed the GoPro video where Lesh jumps off his snowmobile seat at the other man, the other snowmobiler described it as Lesh taking a “large step” before tackling the man.

The defense said Thursday that it expects to call additional witnesses, including potentially putting Lesh himself on the stand. Judge Karen Romeo said she hopes to wrap up testimony in the trial by Friday afternoon.


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