State v. M.V.

November, 2020
Charges: 5th Degree Assault - Misdemeanor

Acquitted at a jury trial. Client was alleged to have engaged in a rather violent road rage incident in Carver County. Even with an offer of a stay of adjudication - which would have resulted in a dismissal and eliminate the risk associated with trial - the client was consistent that he wanted his day in court to show that he did not engage in the type of violent assault the State was alleging. The State had three separate, independent witnesses that all alleged they saw our client viciously assault another driver. The driver, himself, said the same thing. Yet, Mr. Gempeler crafted a brilliant trial strategy and theme that carried the day. Armed with photographs that simply did not match the allegations, Mr. Gempeler attacked the case and the witnesses, impeached them all, and showed how their stories were incomplete and continued to change with the passage of time. Most notably, he had the primary witness - an off-duty Sergeant, former detective - throwing her hands up and asking the State's attorney whether she, the officer, could object to Mr. Gempeler's questioning. Needless to say, the cross examination was thorough and devastating to the State's case. As a result, the State's case lacked credibility, believability, and ultimately reasonably doubt existed. The jury returned a not guilty verdict in short order, proving again that we are Not Always Minnesota Nice when fighting for our clients.

Types of Charge(s): Assault Case Results, Misdemeanor