WAHPETON, N.D. — A Wahpeton man was in custody Monday, Dec. 2, after he allegedly killed his nephew during a fight, according to Richland County court documents.

The affidavit for the criminal case says on Nov. 29 James Bynaum and his nephew Oscar Bynaum got into an argument at a Wahpeton apartment building. Oscar started punching holes in walls and eventually got into a fight with James.

During the fight, James put Oscar into a chokehold until he went limp and then left the apartment without checking on his well-being, the affidavit said. Wahpeton Police Chief Scott Thorsteinson said James left for the home of a nearby relative to calm down.

No one returned to check on Oscar Bynaum until the afternoon of Nov. 29, when he was found dead, according to court documents. A preliminary medical examiner's investigation found that the manner of his death was consistent with being strangled.

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James Bynaum is being charged with negligent homicide. He made his initial appearance in Richland County on Monday, where his bail was set at $10,000 after prosecutors requested that the judge set it at $500,000.

Bynaum, who was brought into court in a wheelchair, declined to comment on the charge.