Fall trial date set in McCloud case

A Sept. 23 trial date was set this morning for the Stillwater man charged with first-degree assault in connection with an incident last fall at a Stillwater restaurant.

The trial date for Eric Kaprice Richard was set when Richard appeared for a pre-trial hearing today in 10th Judicial District Court, Richard is charged with assault in connection with a Sept. 28 altercation at Smalley’s Caribbean BBQ Restaurant that injured Adam McCloud.

Richard and McCloud got into a dispute at the restaurant and security camera footage showed Richard punching McCloud and the victim falling backwards and hitting his head on the floor.

McCloud was taken to Regions Hospital in St. Paul for treatment of nose, right orbital bone and skull fractures and intercranial bleeding that caused respiratory failure. McCloud later suffered a series of strokes and died Oct. 4.

Homicide charges were originally filed against Richard, but were dropped in April by the Washington County Attorney’s Office after the Ramsey County Medical Examiner’s Office could not rule McCloud’s death a homicide after learning that McCloud apparently fell out of his bed at the hospital.

Richard’s hearing today came one week after having his bail increased to $30,000 after Richard failed to take a random urine test as part of his probation. It was reportedly the second test Richard had allegedly missed during the course of the case.

Richard’s lawyer, Krista Marks, reiterated in court that Richard claimed he called his probation officer and did not hear back from him. Marks added that Richard has been in the Washington County Jail for eight days and requested Richard’s bail be reduced by $5,000 to $25,000. Tenth Judicial District Judge Bill Ekstrum denied Marks’ request.

Washington County Attorney Pete Orput said although the homicide charges against Richard were dropped, Richard could face from 74 to 103 months in prison if convicted on the first-degree assault charge.