David Lesh, the 39-year-old Colorado influencer and ski outerwear founder known for posting his antics and making enemies, was found not guilty of felony assault late Friday night.
A Summit County jury deliberated until just after 10 p.m. After four hours the jury found Lesh not guilty of choking another man during a snowmobile brawl in Summit County. The jury found him guilty on two other charges – misdemeanor assault and disorderly conduct for fighting in public.
Lesh is sentenced Feb. 6. He could serve up to 18 months for the misdemeanor charge. He was facing an additional five to 16 years on the felony charge. This is his most serious criminal conviction in Colorado.
For the jurors it came down to: Was there a fight, and did Lesh put the other man in a chokehold?
Deputy district attorney Lauren Crisera argued LESH was itching for a fight when he met up with a group of friends and acquaintances northeast of Silverthorne in March 2023. Riding with the group was Joel White, the man who accused Lesh of choking him. White considered Lesh a reckless bully who thought he “owned the backcountry,” Crisera said in closing statements.
Lesh’s attorney, Colleen Kelley, argued WHITE was itching for a fight and Lesh was hitting back in self defense. Lesh considered White a threat because of recent “freak outs” and “erratic and uncontrolled behavior,” like a verbal thrashing from White in Leadville several weeks before the alleged chokehold.
White testified on Wednesday and admitted to a history of outbursts, but never outbursts on people. Lesh did not testify (although he did want to give a statement through his lawyer after the verdict. Judge Karen A. Romeo turned off the court stream for this.)
The felony accusations hinged on video evidence, but not from Lesh’s camera. (In recent years he has been busted for jumping his snowmobile at the closed Keystone terrain park – he posted the proof to his personal Instagram – and illegally riding on closed terrain at Independence Pass. He didn’t serve jail time for either one.)
The damning video in this case came from White’s camera. It showed the two trading verbal barbs before Lesh lunged at White. That’s when the camera fell to the ground, capturing only snow and muffled audio, and calling into question whether Lesh choked White.
The jury was shown photos of alleged choke marks on White’s neck, and photos of Lesh’s bruised and battered face. Both attorneys said the other man bragged about winning the fight, but witnesses could not recall if there was a chokehold involved. One witness even left the scene that day because the fight didn’t seem too serious.
Now this fight could go to round three. White has not been charged with a crime, and Lesh is facing jail time for two, with a history of counterclaims.