Minnesota man accused of Taser assault during DWI stop gets 44 months

Last October, this blog reported a story involving an alleged drunk driving case that included allegations that a Northern Minnesota man assaulted a state trooper with her own Taser. Law enforcement had alleged that the Akeley, Minnesota, man had grabbed the trooper’s Taser when she was placing handcuffs on the man arrest his arrest for driving while impaired.

The alleged events that occurred during the DWI traffic stop eventually exposed the defendant to a string of felony charges, over and above the gross misdemeanor DWI charges the man was facing when he was arrested. The man was charged with gross misdemeanor DWI, based upon a prior DWI conviction. The defendant pled not guilty to more than a dozen charges, including nine counts of assault on a police officer and a felony fleeing police charge.

In late January, the case went before a jury. Prosecutors introduced a dash cam video recording of the traffic stop, which reportedly showed a scuffle over the trooper’s Taser, but the trooper and defendant apparently disappeared from view during the alleged scuffle.

At the end of trial, public records show that the jury acquitted the defendant of several of the criminal charges filed against the man. However, the jury found the defendant guilty of a series of offenses, including several felony counts brought against the man. The jury also found the defendant guilty of gross misdemeanor DWI and gross misdemeanor obstruction, according to public records.

WCCO television reports that the man has been sentenced to 44 months in state prison.

Source: WCCO-TV Channel 4, “Drunk Driver Who Beat Trooper With Taser Gets 44 Months In Prison,” Rachel Slavik, May 17, 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

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.