Eller says he might appeal guilty verdicts in police brawl

Richard Sennott, Star Tribune

With his attorney Albert Goins by his side, Carl Eller talked with the media after the reading of the verdicts at Hennepin County District Court. Eller was found guilty of assaulting a police officer and of failure to submit to a field sobriety test.

A judge convicted the ex-Viking on two gross-misdemeanor counts.

By ROCHELLE OLSON, Star Tribune

Last update: January 26, 2009 - 11:39 PM

Minnesota Vikings Hall of Fame defensive lineman Carl Eller and his lawyers were talking about a potential appeal Monday after a Hennepin County district judge handed him guilty verdicts Monday for a brawl with police in his north Minneapolis garage in April.

"I'm not pleased with what we have yet," Eller said to reporters after Judge Daniel Mabley announced his decision on two gross-misdemeanor charges. "We'll continue this. This isn't over. I'm not satisfied."

Mabley is expected to issue a written order later this week detailing his reasons for the guilty verdicts on charges of fourth-degree assault on a police officer and refusal to submit to a field sobriety test. Earlier this month, Eller, 67, and prosecutors avoided a trial by agreeing Mabley would decide the case and two felony charges of assault and terroristic threats would be dropped.

In announcing his verdicts, Mabley said they were was based primarily on the police complaint. He set sentencing for Feb. 23. Mabley had three exhibits on which to base his decision: the criminal complaint against Eller; a recording of police reading the so-called implied consent law to Eller, and 49 pages of police reports.

Minneapolis police spokesman Sgt. Jesse Garcia said police are satisfied. "We would have hoped for all four counts, but we're pleased with what we have," Garcia said. "Hopefully, after this, Carl can get the help he needs."

Eller's lawyer Albert Goins, however, said an appeal is possible, depending on what the judge writes in his order. Goins argues the record doesn't support a guilty verdict on the count of second-degree refusal to take a sobriety test. Specifically, Goins said, police failed to submit "certified proof" as required by law that Eller had a prior drunken-driving conviction in 2006.

No special treatment

Further, Goins said, Eller is on the police video repeatedly saying that he wasn't declining to take the test. But Hennepin County Attorney Mike Freeman said the video clearly shows Eller declining.

Freeman told reporters the decision was "an appropriate resolution." He brushed aside the notion of special treatment for Eller in dropping the felony charges, saying police have to make quick decisions and prosecutors have more time for review. "This happens all the time," Freeman said.

He added that Eller will likely get jail time.

In April, police on patrol saw Eller in a Mercedes speeding westbound on 8th Avenue N. and driving through a stop sign. With a police car in pursuit and sirens and lights activated, Eller didn't stop and get out of his car until he pulled into his north Minneapolis garage, police say. In pretrial testimony, one of the officers, Gil Antaya, told of how he and Seth Porras tried to arrest Eller but were tossed around by the 6-foot-6, 270-pound ex-Viking.

Eller says police were harsh

Eller, whose nickname as a player was Moose, was unbowed by two Taser shots and a punch to the face during the fight and threatened to kill the officers.

Antaya tried to stun Eller twice with his Taser to no effect. He also punched Eller in the face. Eller eventually gave up when backup officers arrived.

Eller said he was disappointed in the system and believes he was treated harshly. "I just have a feeling there's something extraordinary about this case and about me," he said.

The convictions also mean the police are keeping Eller's 2006 Mercedes G-Wagen. The vehicle was impounded after the arrest and likely will be sold at auction, Garcia said.

In 2006, Eller pleaded guilty to fourth-degree drunken driving while refusing a chemical alcohol test. His two-year probation ended in March.

Eller also has filed a federal lawsuit alleging police intentionally hid or destroyed video evidence from the fight. His lawyers declined to comment on the lawsuit.

Rochelle Olson • 612-673-1747