Story originally printed in the Winona Daily News or online at www.winonadailynews.com

Published - Wednesday, April 30, 2008

Winona cop convicted of disorderly conduct

By Kevin Behr / Winona Daily News

Winona police Sgt. Gary Hoeppner yelled at and pushed a man accused of stealing his car Jan. 13 while the suspect was handcuffed and sitting in the back of a squad car, prosecutors said.

Hoeppner made his first appearance Tuesday in Winona County District Court on two charges of misdemeanor assault stemming from the encounter and was convicted on an amended count of disorderly conduct. As part of a plea agreement, one charge of assault was dropped, and the judge withheld a finding of guilt on the second assault charge.

Judge Margaret Shaw Johnson fined Hoeppner $300 and ordered him to complete a counseling program deemed appropriate by the police department. That could include anger management classes, but Police Chief Frank Pomeroy said he will have to review the case before making any final decision, which might include disciplinary action.

Hoeppner has been on paid administrative leave since the incident.

According to police, Hoeppner reported his 2003 Ford Escape stolen from his garage on Debi Lei Drive about

9 p.m. Jan. 13. His barking dog alerted him to suspicious activity, and Hoeppner noticed his sport utility vehicle missing from his attached garage. The garage was unlocked and the keys were in the vehicle’s ignition, police said.

The State Patrol found the SUV a short time later near Highway 43 and Interstate 90 and tried to pull it over. After a three-mile chase, a trooper spun the SUV around and caught the driver, Michael Robert Nelson, 27, of Austin, Minn. Hoeppner testified Tuesday that the state patrol invited him to the crash scene.

When he arrived, Hoeppner said he confronted Nelson as he sat in the back of a squad car. Hoeppner did not punch Nelson, who was in handcuffs, but did have “physical contact” with him, said Rochester Assistant City Attorney Michael Spindler-Krage, who prosecuted the case for the Winona County Attorney’s Office because of the conflict of interest. Pushing was involved, Spindler-Krage said.

According to court documents, Nelson was “under the influence of something” and was taken to Community Memorial Hospital for a blood test to determine what, if anything, was in his system at the time of the incident. Nelson refused to take breath tests on scene.

Nelson later appeared in Winona County District Court on charges of burglary, motor vehicle theft, fleeing from police in a motor vehicle, chemical test refusal and driving after revocation. Nelson’s criminal case hasn’t progressed since a psychological evaluation was ordered Jan. 30. He remains in custody at the Winona County Jail in lieu of $30,000 bail.

If Hoeppner remains law abiding and completes future counseling during a one-year probationary period, the disorderly conduct charge will be reduced to a petty misdemeanor and the assault charge will disappear.

Spindler-Krage defended the unusual sentencing recommendation, saying it was an unusual incident in which Hoeppner was the victim of a “brazen crime.” Spindler-Krage also made the recommendation because Hoeppner had no criminal history and because of his record of public service both as a police officer and in community service projects.

“It was an unfortunate incident I never expected to be involved in,” Hoeppner said.

He said the whole situation has been stressful for his children, who have had nightmares and worry Nelson might return to their home.

“My concern is with my children,” he said. “Not my car.”

Contact Kevin Behr at (507) 453-3524 or at kbehr@winonadailynews.com.