Manslaughter charges filed in Horace Bar Assault Case

Pendleton's bond is set at $500,000

FARGO, N.D. – A victim of a bar fight outside of Big Erv’s in Horace passed away, and now charges against the man who assaulted him are being upgraded.

Jordan Pendleton, Marlin Klatt and another man, were outside of Big Erv’s Bar and Grill in Horace shortly after closing on Sunday. They were having a conversation when Klatt brought up something that reportedly made Pendleton angry, according to an incident report obtained from the Cass County Sheriff’s office. Witnesses say Pendleton punched Klatt in the head, causing him to fall backwards and slam his head on the concrete sidewalk outside of Big Erv’s, and ultimately losing consciousness. The incident report also states that when two men tried to step in, Pendleton turned his attention towards both of them and began hitting them. Officers that responded to the scene said that those men both had visible injuries.

 Klatt passed away early Monday morning at Sanford Medical Center from his injuries.

 “Our thoughts and prayers go out to the family of Mr. Klatt as they work and grieve through this very difficult time,” said Cass County Sheriff Jesse Jahner.

 Klatt’s body will undergo an official autopsy at UND’s Forensic Pathology Center to determine an official cause of death.

 According to the Sheriff, the two men knew each other but the extent of their relationship isn’t known.

 Pendleton has been charged with one count of felony manslaughter, one count of felony aggravated assault, and two counts of simple assault. He plead not guilty to all charges. If he’s found guilty he faces up to 10 years in prison for each felony charge. His bail is set at $500,000 with stipulations that if released, he can not contact any of the victims.

The Cass County State’s Attorney felt they would be unable to prove in court that Pendleton had an intent to murder Klatt.

 “The question for us as prosecutors is what do we think the evidence supports?” said Cass County State’s Attorney Birch Burdick “What can we prove beyond a reasonable doubt? We came up with the charge of manslaughter.”

 The Cass County Sheriff’s Office does have surveillance footage of the assault. They are also asking anybody from the public who may have witnessed the assault to come forward.

 “Somebody could have seen something that we don’t know about. We’ll always leave that out as long as the investigation is ongoing and current,” said Jahner.

 Pendleton will be represented by Fargo-based Criminal Defense attorney Mark Beauchene.