Continued: Eller cuts deal: No felony charges

The day before his trial was to start for an April brawl with Minneapolis police, Minnesota Vikings legend Carl Eller cut a deal Wednesday that drops the most serious charges against him and reduces his potential jail time.

The agreement was announced moments before lawyers were to begin questioning potential jurors for the trial, which was set to begin today. It appears to have been handled at the highest level in the Hennepin County attorney's office--Paul Scoggin, head of the criminal division, took over in court from the two prosecutors who had been on the case.

Police say the 66-year-old Hall of Famer withstood two Taser shots and a punch to the face during the fight and threatened to kill the officers. He still faces two gross misdemeanor charges: assault on a Minneapolis police officer in the fourth degree and refusal to submit to a field sobriety test. The felony charges of assault and terroristic threats were dropped.

Noted Twin Cities defense lawyer Paul Rogosheske called the agreement a "helluva break" for Eller.

"The county attorney must have thought there were some holes in the testimony of how this thing happened, otherwise why would they back down?" he said.

Jail time remains an option if Eller is convicted, but his potential sentence would likely be much lighter now.

Rogosheske said that with the felony convictions, Eller could have received up to a year in jail. He said it's up to a judge's discretion, but gross misdemeanor convictions for someone without a criminal history generally mean a month-long sentence, possibly on home confinement and electronic monitoring.

As part of the deal, District Court Judge Dan Mabley will render a verdict on the two remaining charges. He will make his decision based on three exhibits: the criminal complaint against Eller, a recording of police reading the so-called implied consent law to Eller and 49 pages of police reports from the night in April when Minneapolis police tried to stop Eller after they said they saw him speed through a stop sign.

With a police car in pursuit of him with sirens and lights activated, Eller didn't stop and get out of his car until he pulled into his garage, police say. In pretrial testimony, one of the officers, Gil Antaya, told of how he and Seth Porras tried to arrest him but were tossed around by the 6-foot-6, 270-pound Eller, who was a member of the Vikings' vaunted Purple People Eaters defensive line and was known by the nickname "Moose."

Antaya tried to stun Eller twice with his Taser to no effect. He also punched Eller in the face, but that didn't slow him down. Antaya said Eller threatened to "kick your ass" and kill him. The officer said he and Porras fought with Eller, who finally relented after backup arrived.

Under Wednesday's arrangement, Eller gave up his right to a jury trial and his right to testify. He retains the right to appeal Mabley's ruling. The former NFL star wore fitted suits and was quiet and impassive throughout the week during pretrial sessions. He sipped on a Perrier water as Antaya testified Monday afternoon.

Eller and his lawyers, Albert Goins Sr. and Rick Petry declined to comment as they left Wednesday, citing Mabley's upcoming ruling. The judge will issue a decision at 8:45 a.m. on Jan. 26.

Scoggin also declined to comment about why he personally handled the case or why the county attorney's office agreed to a final-hour deal.

Diane Homa, a victim advocate for Mothers Against Drunk Driving, said she didn't think Eller got special treatment. But she said of Eller, "They always talk about him doing wonderful things in the community. He could have killed someone driving drunk."

Eller also has filed a federal lawsuit alleging police intentionally hid or destroyed video evidence from the fight.

Rochelle Olson • 612-673-1747

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