Police: Shakopee choir disturbance escalates to DWI, assault charges

Scott County prosecutors claim that a Georgia man created a ruckus at a recent choir concert at Shakopee High School May 24. Authorities say that in the end, the 34-year-old man was arrested. The slate of criminal charges includes allegations of driving while impaired and fourth-degree assault.

Authorities claim that the man disrupted the school concert, and school officials eventually asked the man to leave the property. Officials say the man left the building. But authorities believe that the man became belligerent again while in the parking lot.

Law enforcement claims the man pulled of his shirt and tried to pick a fight with the school principle. Apparently, someone called the police about the alleged disturbance and odd school yard fight.

Law enforcement believes the man retreated to his car and started to leave. Police claim that when they arrived at the Shakopee High parking lot, the man had started pulling out of a parking space, but then returned the car to the slot. Law enforcement claims that the man got out of the car and switched seats with a woman.

An officer approached the car and claims that he or she could smell booze on the man’s breath. The cop reportedly ordered the man to get out of his car, but the man refused. The officer then claims to have tried to yank the man from the car seat, but he responded by taking a swing at the officer. Two more officers approached to assist the first cop.

That is when police say the man started taking swing at all of the officers, even pushing at least one cop into a car in the lot. Authorities also claim that the man tried to grab one of the officer’s guns, but was not successful. The police eventually placed handcuffs on the man.

Officials claim in a criminal complaint in Scott County that the man refused to submit a breath, blood or urine sample for testing under Minnesota’s implied consent law. Authorities further allege that a 5-year-old child was in the car at the time of the incident. DWI test refusal and allegations of a child in the car can be aggravating factors in a Minnesota DWI case.

Authorities have charged the man with DWI. But the matter is more complicated by the allegations of the altercation with police during the encounter. Authorities claim that all three officers sustained cuts and bruises during the alleged altercation. The man is accused of fourth-degree assault, which can relate to an assault of a police officer. He also faces a charge of disarming a peace officer in the criminal case.

Source: WCCO-TV 4 News, “Man Allegedly Beat 3 Cops While Drunk At Kids’ Concert,” June 4, 2012

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.