Jury Finds Cullen Osburn Guilty Of Aggravated Battery In Death Of UW-Stout Student

After more than five hours of deliberation a Menomonie jury has found 28-year-old Cullen Osburn of Minneapolis guilty of aggravated battery for his role in the death of Hussain Alnahdi, a University of Wisconsin-Stout exchange student, in October 2016.

Jurors began deliberating Tuesday afternoon around 2 p.m. on the case that spanned six days and included testimony from 40 witnesses. The case garnered national attention after it was initially reported as a potential hate crime by Menomonie police.

Alnahdi was a 23-year-old from Saudi Arabia and was studying business administration at UW-Stout when he died from a traumatic brain injury on Halloween of 2016. Police investigated the incident as an assault and possible hate crime, but investigators later determined the incident was not about race or ethnicity.

Charges weren’t filed in the case for months until it was announced in January 2017 that Osburn was arrested and charged with felony murder and felony aggravated battery.

The jury found Osburn not guilty of felony murder.

According to the criminal complaint, a call came into 911 the morning of Oct. 30, 2016 reporting a male subject was involved in a fight in downtown Menomonie. When officers arrived they found Alnahdi unconscious and bleeding from his nose and mouth.

Alnahdi was brought to a nearby hospital but was later flown to Mayo Clinic Health System in Eau Claire to undergo emergency surgery to alleviate swelling in his brain.

Alnahdi died Oct. 31, 2016.

Attorney Robert Kaiser, who is assisting Dunn County District Attorney Andrea Nodolf, alleged in court Tuesday during closing arguments that Osburn fled the scene after punching Alnahdi and even bragged to witnesses, including a hotel clerk, that he had punched someone that night.

Kaiser presented jurors with internet searches from Osburn after Alnahdi’s death was reported. Osburn’s searches included questions about arguing self-defense in court, how long it takes to get a passport and what countries do not have extradition agreements with the United States, Kaiser said.

Kaiser then argued to jurors that the evidence was clear Osburn punched Alnahdi and that they should find Osburn guilty of murder.

“What he did was he punched Mr. Alnahdi, beginning the destruction of his brain, he punched Mr. Alnahdi so hard, driving him backwards, fracturing his skull, completing the destruction of his brain and killing him,” Kaiser said Tuesday.

But defense attorney Christopher Zipko argued Alnahdi had a blood alcohol level more than two times the legal limit and that a doctor testified there was no anatomical proof that Alnahdi was punched.

Zipko played bar security footage from the bar the night of the incident, which showed Alnahdi stumbling and visibly intoxicated.

Zipko told the jury the prosecution had no evidence a crime actually occurred and said Alnahdi and a friend attacked Osburn. Then Zipko said, when one of Osburn’s friends tried to break up the confrontation, Alnahdi fell and hit his head on the sidewalk.

“However you want to split the apple, I’m telling you folks, my client did nothing wrong,” Zipko said. “The state, at best, can only prove he acted in self-defense but he sure has hell is not guilty of anything, and I’m asking you to sign that not guilty form.”

Osburn has dozens of prior convictions in Minnesota, including a felony for domestic violence.

After the verdict was read, Nodolf said she was disappointed jurors didn’t convict Osburn of murder.

“The state certainly believes that there was a felony murder committed in this case,” said Nodolf “I’m somewhat pleased that there was at least a conviction on one of the counts of aggravated battery.”

Nodolf said the aggravated battery conviction coupled with the repeat offender modifier added Tuesday means Osburn could face a maximum of eight years in prison. She said she was proud of her team in Dunn County.

“I really don’t think there was anything the police or the state could have done,” said Nodolf. “We had an eyewitness statement, we had the defendant’s confession. Certainly, at least, there’s some sort of justice for Hussain but nothing can bring him back.”

Osburn never took the stand in the trial but after the verdict was read, he broke his silence and called for a retrial. He also could be heard repeating that he didn’t do anything wrong.

Outside the courtroom Zipko said Osburn was frustrated because he claims he was attacked that night in 2016 by Alnahdi and one of his friends.

“We’re disappointed with the fact that the jury still thought Mr. Osburn is responsible because he maintains that Mr. Alnahdi and Mr. Walters came on him and he was simply trying to get away,” said Zipko.

Zipko said he believes prejudice against his client’s past behaviors and criminal background played a role in the jury’s decision not to find Osburn not guilty.

“To be honest I think part of the background, if it was a different person, a different pedigree walking down that street he may not have even had a charge,” said Zipko.

A memorial held at UW-Stout for Alnahdi in November 2016 drew more than 1,000 friends, faculty and community members from around the region.