State v. Hemmer

531 N.W.2d 559 (1995)

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Nature of the Case

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Facts

A sheriff's deputy attempted to stop D for a speeding violation. A high-speed chase ensued. The chase continued from Platte County through Madison County and into Pierce County, at which time there were 8 to 10 law enforcement officers from four different law enforcement agencies involved in the chase. D ran two roadblocks set up by police. One roadblock had been set up by the Pierce County sheriff in the town of Osmond. As D's vehicle was being chased through Osmond by a State Patrol trooper, the sheriff parked his vehicle in the middle of a street in the path of the pursuit and exited the vehicle. The sheriff then attempted to 'flag the vehicle down' as it approached, but when D's vehicle did not stop, the sheriff was forced to 'dive into a snowbank' to avoid being struck. D was apprehended in a rural area after his vehicle ran out of gas. D was charged in part with attempted assault on an officer in the second degree. P claimed that D attempted to 'intentionally or recklessly cause bodily injury with a dangerous instrument to a peace officer.' D filed a motion to quash the attempted assault charge, alleging that it is 'legally impossible to commit the crime of attempting to recklessly cause bodily injury with a dangerous instrument to a peace officer.' A plea agreement was reached under which the information was amended to charge only one crime, attempt to 'recklessly cause bodily injury . . . to a peace officer.' The court accepted the plea and D appealed.