MANKATO, Minn. -- The attorney for Philip Nelson says the former Minnesota quarterback and Rutgers transfer has agreed to plead guilty to a misdemeanor charge stemming from a fight that injured former Minnesota State, Mankato, linebacker Isaac Kolstad.
Nelson had been charged with two felonies resulting from the fight in Mankato on May 11. Defense attorney James Fleming said Tuesday that Nelson, 21, will enter the guilty plea to fifth-degree assault, which carries a maximum jail sentence of 90 days.
Fleming said three doctors had confirmed a "lack of medical certainty" on whether Nelson's kick caused Kolstad's critical brain injury. Fleming had filed a motion for dismissal of charges. Instead, an agreement was reached with prosecutors.
A forensic pathologist hired by the defense said an initial punch allegedly thrown by another defendant most likely caused Kolstad's injuries.
Witnesses told investigators that Nelson shoved Kolstad, a 2013 graduate, after mistaking him for a bouncer who had kissed his girlfriend. Kolstad knocked Nelson to the ground, but as he walked away, a third man punched Kolstad in the head. Surveillance video shows Kolstad dropping to the ground and his head smacking the pavement. Nelson then kicked Kolstad in the head.
Trevor Shelley, of St. Peter, is accused of punching Kolstad in the head and is charged with assault.
Kolstad suffered from a severe brain injury that required emergency surgery. Doctors once feared he wouldn't live, but he spent months recovering at Mayo Clinic and a specialized rehab facility in the Twin Cities. He has returned home to Mankato, attends outpatient therapy and is able to walk, run and form complete sentences. He hopes to eventually return to work at Fastenal, where he was a sales representative.
Nelson said in a statement Tuesday that he's remorseful.
"I still don't remember what happened that night after I was hit in the head, but I recognize that I let down my family and friends by my actions. I offer my sincere apologies to everyone involved, and I wish Isaac Kolstad the best as he continues in his recovery," Nelson said.
Kolstad declined comment through his attorney Kenneth White, who said the Kolstad family was disappointed with the plea agreement.
"This case is not simply about a kick in the head. It's a series of decisions Mr. Nelson made," White said, including underage drinking, becoming intoxicated and "accosting Mr. Kolstad."
White said he expected civil lawsuits to be filed in the future against the defendants.
Nelson, who had transferred from Minnesota after the 2013 season, was dismissed by Rutgers after the incident. He spent much of his first two seasons at Minnesota as the Golden Gophers' starter, playing in 11 games.
He threw for 1,306 yards, nine touchdowns and six interceptions during the 2013 season and ran for 364 yards.
The Associated Press contributed to this report.