Judge gets assault case against St. Paul cop

Officer Scott Wendell could lose his job if he is convicted of third-degree assault on a jailed prisoner.

May 19, 2010 at 2:58AM

Did Luke Prescott fall backward and rip the back of his head open on the metal door jam in a holding cell at the county jail in November 2008? Or did off-duty St. Paul police officer Scott Wendell smash Prescott's head into the cell wall, perhaps out of frustration because Prescott was too close to Wendell's family?

Those are the arguments Ramsey County District Judge Gary W. Bastian must weigh in Wendell's trial by judge, which wrapped up Tuesday after closing arguments.

Bastian said he hopes to render a verdict on charges of third-degree assault by Monday.

If Wendell is found guilty of either a felony or gross misdemeanor, he could lose his job. He is on unpaid leave from the force.

The incident in dispute began Nov. 2, 2008, when St. Paul police pulled over a vehicle on the city's West Side for "suspicious activity," according to the charges. One of the passengers, Prescott, now 29, had an outstanding warrant out of Chisago County and was arrested. Another passenger, Samantha Perry, was Wendell's stepdaughter.

One of the officers called Wendell, who was off-duty. Wendell told the officer to take Perry, then 17, to police headquarters, where he would pick her up. When Wendell got to the jail, he visited briefly with Perry in the juvenile unit, then went to Prescott's cell on the adult side. Officer Matthew Onnen was there, adjusting Prescott's handcuffs.

Wendell, 46, of Columbus, testified that he wanted to look into Prescott's eyes and tell him to "stay the [expletive] away from my family."

Prosecutor Elizabeth Cutter said in her closing argument that Wendell grabbed Prescott and pushed him into the concrete wall. Onnen watched until that point, then turned away. Onnen returned when he heard screaming and found Prescott lying in a pool of blood. Prescott suffered a concussion and a cut to his head that took 12 staples to close.

Defense attorney Michael Scott, however, said Prescott was bent over with his back toward Wendell. Wendell grabbed his arm to turn him around. Prescott stumbled and fell backward, hitting his head on the door jam.

Both sides agreed that Wendell didn't aid Prescott and didn't call medics. He was off-duty and it was Onnen's job to do that, he said. Instead, he got Perry and they left.

"When this trial started, I told you that my client had acted foolishly in that cell," Scott told Bastian. "But he did not act criminally and the evidence fully supports that."

Scott said Prescott plans to sue the city over the incident and is motivated by the payout. Prescott has been convicted of felonies three times.

Cutter said Wendell is guilty, even if he only grabbed Prescott's arm.

"His intent was, at the very least, to instill fear," she said. "Even the defendant's own version makes him guilty of assault in the third-degree."

Pat Pheifer • 612-741-4992

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Pat Pheifer

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