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Published - Wednesday, April 30, 2008
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Winona cop convicted of disorderly conduct

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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.
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Sonny wrote on May 6, 2008 11:06 PM:

" I heard that a City cop gave Hoeppner a ride to the scene at I90. Why is a City squad providing taxi service way out there? No one witnessed the assault. It was caught on the Trooper's in car camera and was discovered later. "

WSUmania wrote on May 2, 2008 10:36 AM:

" "Realtor Star", I'm going to have to go on blind faith here that the authentic Police Chief Pomeroy is a whole lot smarter than to leave a public blog such as the one you left. "

Realtor Star wrote on May 1, 2008 11:47 PM:

" It IS ok with me. "

sonny wrote on May 1, 2008 10:06 AM:

" I know Sgt Hoeppner. What he did was against the law. He is paid to enforce the law. Because he is a Sgt he is supposed to be smarter than most and guide other cops and supervise them to make sure they do what is right. His job requires him to keep a cool head and keep emotion out of it. If he can't do that he should quit. The court is supposed to decide how serious the offense is once he is found guilty. He apparently knows he was wrong or he wouldn't plead guilty. We pay cops to protect us from incidents like this. Paid leave is not normal. Why did we have to pay him during this time? We have a right to expect better of cops, on or off duty. The chief's actions should be harsh or it sends a message that this is okay. "

jonny law wrote on May 1, 2008 8:18 AM:

" Sure, blame it on the daily news because they got the story wrong. Jackson, it is obvious the only reason you are defending Hoeppner is because he is your buddy. Trust me, I know what happened and the Daily News did not make the situation sound worse than it was in anyway. Please don't make assumptions about what I know and what I dont know.

Bottom line is that this is not conduct acceptable for an officer of law in our city of Winona. Call it a "fishbowl" here, but many of us left bigger cities to get away from this kind of stuff so we can deal with law enforcement we can trust if we have to. I am sorry if that makes you cringe. "

PerfectStranger wrote on May 1, 2008 6:33 AM:

" J. Jackson, I notice in your final comment last night that you think everyone should "...just move on now...", and put this issue to bed. You did a fine job of stirring things up here yesterday, but when you were done you decided that everyone should be done? If you are going to be a pot stirrer, you need to understand that other people have every right to keep stirring the pot after you decide to bail. It's rude to tell everyone else to move on just because you decided to. I'll comment any time I want to, and I respect everyone else's right to do the same... "

PerfectStranger wrote on May 1, 2008 6:27 AM:

" Anger issues? Oh, J. Jackson, you are so wrong. You only recently began to comment here, didn't you? The regulars can tell you that I don't appreciate it when other people decide for themselves what I think or who I am. There's way too much of that here in these comments - all of them, not just under this article. Too many people fire off a knee-jerk response to someone else, deciding for themselves all sorts of nonsense about the other person, and deciding it is true just because they wrote it. Sure, I'm guilty of it a time or two myself, but I try hard not to do it. Don't decide things about others. Read their comments carefully, and take them at face value. Don't embellish. "

rararoch wrote on Apr 30, 2008 10:47 PM:

" A little common sense would be in order for this officer, even cops can be victims of crime, don't be leaving your keys in the car unlocked, even if its in the garage, thats just asking for some idiot to come and take it! duh! "

J.Jackson wrote on Apr 30, 2008 9:24 PM:

" you cannot always believe everything you read. We all need to just move on now. Good Night! "

Jonny Law wrote on Apr 30, 2008 8:23 PM:

" No kidding. And yes I do know Gary and I know the situation that happened. I am not surprised by the actions. "

WSUmania wrote on Apr 30, 2008 7:52 PM:

" Oh, my! This is really not looking good at all. Now we are seeing a familial anger trait in blog form. "

You Don't Know wrote on Apr 30, 2008 7:20 PM:

" I WISH more would have been done to such a LOSER who doesn't know anything about being an adult. Going out getting drunk and driving a vehicle? Grow up little boy! Hopefully he goes to prison where he belongs, that way he can't scare my little cousins and that way he can't talk things that DO NOT BELONG TO HIM! Anybody would have been mad out of anger, but MOST PEOPLE would have done a lot worse. Hoeppner did what was right and too bad someone had to come and take your car Gary, just shows how much better a person you are by trying to teach criminals a lesson, and too bad you have to go through this stuff. You should have took off those cuffs on Nelson and had at him!!! "

You Don't Know wrote on Apr 30, 2008 7:19 PM:

" Hoeppner is my uncle. Hoepp should have kicked his ass even worse than what he did! Dirty, nasty, smelly, people walking into my family's garage is UNCALLED for. I will run 30 deep on that punks ass and he won't know what hit him. WHAT the hell is that kid thinking coming into Gary's garage and taking a car, which he already stole one in the first place to get to Gary's neighborhood? What a dirtball! That's TRUE SCUM lingering around neighborhood's where he shouldn't be. "

J.Jackson wrote on Apr 30, 2008 7:08 PM:

" Bottom line is we are all Human - and this was a minor mistake. NO BIG DEAL! "

J.Jackson wrote on Apr 30, 2008 7:04 PM:

" Oh Jonny you are one of those guys that make the rest of us cringe....... You obviously know nothing about the situation. Get the facts before you write.

And you obviously do not know Mr. Hoeppner - probably the most mild mannered cop around. "

Jonny Law wrote on Apr 30, 2008 6:41 PM:

" What's the point of him going on about his kids? To look more innocent? If all he cared about was their safety then he wouldnt have left them home alone to go out and rough up a troubled convict - that's not going to keep them safe.

People of the law should uphold the law, not abuse their authority. Based on this story I would be surprised if this was the first time Mr. Hoeppner used his position as a police officer to bully someone. There is no place for this in law enforcement and he should be reprimanded for it. "

Me wrote on Apr 30, 2008 5:24 PM:

" Gary was my son's baseball coach and was the school cop when my son was in high school. Gary has been such a positive role model for my son and he always will be. Cops are people too. They make mistakes. I hope Gary learns from this event and it makes him a better officer. "

BadNews wrote on Apr 30, 2008 4:46 PM:

" Just wondering, did he take his kids to the scene? "

really? wrote on Apr 30, 2008 4:20 PM:

" Knowing the officer just makes it more difficult to be objective. The law should be without emotion and upheld exactly the same for everyone.

He is lucky to have gotten his car back. Will an insurance company even consider something theft if the keys are in the car and the door is open? "

DDW69 wrote on Apr 30, 2008 4:07 PM:

" The keys were left in the ignition of a car parked in an unlocked garage. HMMMM....as a police officer you would think he would know better. Whether he is a good cop/person, doesn't matter. Good people don't always do the right thing. The man was handcuffed and under the influence of something, essentially helpless. A lot of mistakes were made. Starting with the idiot who stole the car, then the trooper who invited Hoeppner to the scene and then Hoeppner's actions. You can't just say that he's a good person, give him a break. Good people who have snapped have committed horrific crimes in the past. Being a police officer, he is held to a higher standard. "

J.Jackson wrote on Apr 30, 2008 4:00 PM:

" You all are living in a fishbowl - WINONA - I personally love the town but in a big city this would not even be news.

Oh and Perfect Stranger I did read that you did not know the Officer - that is why I said another comment from someone that does not know him. What part are you not getting? Sounds like you have some anger issues of your own? mmmm???

Bottom line: there was a criminal that got yelled at - BIG DEAL - let it go. Peace out "

J.D. wrote on Apr 30, 2008 3:46 PM:

" I still don't understand how "looking out for his kids" constitutes going to the scene where his vehicle and the criminal were and going off on the guy. How is this looking out for his kids, it was after the fact. Now, if the guy had been in his house and he did it, I can see that. "

ENOUGH ALREADY wrote on Apr 30, 2008 3:35 PM:

" This cop was looking out for the safety of his children, leave him alone. Ok, yes nothing happened to them, but what was Nelson doing in the garage in the 1st place. And if the keys weren't in the vehicle, then what would have happened? Other than Nelson, the State Patrol should be charged with something. Like he/she didn't think this cop would be mad? "

PerfectStranger wrote on Apr 30, 2008 3:19 PM:

" Correction: "I also don't need to be told how to think, or to think outside the box." "

PerfectStranger wrote on Apr 30, 2008 3:16 PM:

" J. Jackson, you need to read people's comments more closely before replying. I STATED that I didn't know anyone involved, but you apparently didn't read that. I also don't need to be told to think to think outside the box. I figured out all by myself that his kids might have been at home at the time the car was stolen. What you need to do is stop deciding for yourself that anyone who disagrees with you is a simpleton. I'm more intelligent than you think. "

J.D. wrote on Apr 30, 2008 1:41 PM:

" I do know this officer, as I went to High School with him. I am not saying he is a bad guy for doing what he did, but as a police officer, he should hold a higher regard for the law than a civilian. I am sure that if this happened to a civilian, we wouldn't have received a call from the Trooper or had the opportunity to see the criminal in that scenario. It seems that because he is a cop, he is above the law and that really isn't fair. His kids were in no danger, as the man never tried to enter the house. So, defend him all you want, but he did break the law and he's getting off pretty light if you ask me. Ask yourself, if that was you, what do you think the charges would be? "

WSUGrad07' wrote on Apr 30, 2008 1:34 PM:

" Easy there oldtimer...that's the point. These offenses are not dealt with consistantly or punished.

You see freaks out there that molesting little kids, people damn-near killing people that get a slap on the wrist.

To me, what Hoepp did, is what almost anyone would have did at that moment. Just because he's a cop, he's getting the pub for it, that's all. And the criminal, nonetheless is looking the like the victim here...it's BS!

NELSON deserved more than that...because I wouldn't have let him off with just a push or love tap from the paper made it sound like. "

oldtimer wrote on Apr 30, 2008 12:41 PM:

" Consistency, consistency PLEASE! If yelling, pushing, slapping, etc. is agreeable then let's get it off the book of punishable offenses. If it's not agreeable to us, then the offender has to pay the repercussions of his assault on another - whether he be day care worker, cop, store clerk, or ANY of the professions. CONSISTENCY, please. "

realtor star wrote on Apr 30, 2008 12:04 PM:

" when I went to a Catholic school here in Winona, we were yelled at by the nuns all the time, and slapped with yard sticks. Never once did our parents think this was wrong. I told my mom about it, and she said: "you kids probably deserved it". My point is this: If a good guy like Hoepp can't yell or push a dirt bag criminal, (that broke into his house) then we have lost our rights too.......I think the only problem here is the Trooper who didn't look the other way while Gary was reasoning with him. "

icehole811 wrote on Apr 30, 2008 11:37 AM:

" I say take off the handcuffs and let Hoeppner at him!! Some of you are so worried about Hoepp pushing this loser and yelling at him when he is already handcuffed and helpless??? Consider the guy lucky that he was already in custody and handcuffed!! Lets concentrate on bigger issues happening in todays world. Thanks for your hard work Hoepp!! "

WSUGrad07' wrote on Apr 30, 2008 11:05 AM:

" I wish the article would describe what this "push" really was. It's one thing if he was pushed down and suffered a bruise or was bleeding or something, but c'mon people, a push?? Big deal!!!!!!

I've gotten a whole hell of a lot worse happen to me over the years and I didn't squack on anyone...

To me, it sounds like this punk, Nelson and his attorney are just trying to make Heopp look like the bad guy by squacking on him..even though this Nelson d-bag was the moron who stole the car in the first place...

Nelson got what he deserved...

I'm on your side Heopp, regardless of what the "law" says. "

BadNews wrote on Apr 30, 2008 10:55 AM:

" I say "Get a life!!" to those of you are worried about the rights of this soon to be convicted CRIMINAL. "

Joe Blow wrote on Apr 30, 2008 10:48 AM:

" So, let me get this straight. An intoxicated punk steals a police officer's private vehicle. And now the officer is guilty of disorderly conduct. What is wrong with this picture? This used to be good country. What happened? Cop or not, I think most people would feel violated and want to yell at or push this reckless thief. So ok, if we are going to take this down the legal road, what about the state trooper who set up this situation by inviting the victim to the crime scene. Doesn't he/she share in the *poor judgment." And of course the winner of the poor judgment award here is the car thief. "

J.Jackson wrote on Apr 30, 2008 10:15 AM:

" I don't know SPunKed but I think they meant that who knows what could have happened had the criminal gotten into the house (you forget he was at the house)and the children were home. So it was not about the vehicle but about the protection of ones family. Think outside the box! "

J.Jackson wrote on Apr 30, 2008 10:06 AM:

" Again a comment from someone who must not know Officer Hoeppner at all (Perfect Stranger). It is funny how people can pass judgement that have not walked in those shoes and have no idea how emotional it must be to have someone come to your home when your children are there and violate your property.

In a big city this would not even be worthy of news. Yelled at him and pushed him? Big deal. "

PerfectStranger wrote on Apr 30, 2008 9:48 AM:

" His kids had nothing to do with this, unless the Daily News failed to report that they were in the carwhen it was stolen, or that they were at the scene when dad yelled at and pushed the suspect, which would have been a very wrong thing to do in front of his kids. So, can you please explain in greater detail, SPunKed, exactly what you mean by your comment? "

PerfectStranger wrote on Apr 30, 2008 9:40 AM:

" If you push or shove someone you can be arrested for assault, but if the incident isn't witnessed by a law enforcement officer, it's going to be hard to prove without a visible injury. I don't know any of the people involved, but this incident should not have been allowed to happen. People made mistakes that led to this confrontation, and it was improper. A car is a material object. Nobody should get so far bent out of shape about what happens to their car. "

SPunKed wrote on Apr 30, 2008 9:36 AM:

" I've known Hoepp for a while now. He's not at all a violent man and he loves his kids more than anything in the world. This act was in complete protection of his kids. Name one person who wouldn't do the same thing... Thought so, can't do it. "

oldtimer wrote on Apr 30, 2008 8:58 AM:

" In answer to "BadNews" question of, 'Since when is yelling and pushing a punishable crime?' FOR CIVILIANS, IT IS A CRIME YOU CAN BE ARRESTED FOR ANY DAY OF THE WEEK. Double talk makes me CRAZY!
Have folks been watching too many glorified cop shows? "

StopRacisimInWinona wrote on Apr 30, 2008 8:41 AM:

" This is terrible what gives the cop special rights to push a person already cuffed not only should he be charged but the state patrol officer to...by the way the patrol officer did look the other way when he invited him to the scene. I recently filed charges against a winona police officer for forging my signiture i wonder what will happen to him....smh "

BadNews wrote on Apr 30, 2008 8:15 AM:

" Yelled and Pushed! That's it?? Big deal. Since when is that a punishable crime? "

J.Jackson wrote on Apr 30, 2008 8:13 AM:

" I only hope the father of my children would take action against a criminal that invaded our home and stole our vehicle. He was not on duty but a dad at home with his kids. The criminal deserved alot more than he got.

To bad the good guy gets punished! Obviously Obama does not know Officer Hoeppner or he would know how ridiculous his tough guy comment sounds. Probably one of the nicest guys around. "

former resident wrote on Apr 30, 2008 7:55 AM:

" Gee whiz, I'm just a common citizen, but I wonder if my vehicle ever gets stolen; will the State Trooper "invite" me to the scene?


"Hoeppner has been on paid administrative leave since the incident." Sounds like a 3+ month vacation to me!
"

Obama wrote on Apr 30, 2008 7:41 AM:

" We do not live in a police state. Even criminals have rights. Officer Hoeppner was wrong and the State Troopers were wrong too. What kind of tough guy pushes a man while he is in handcuffs? "

The Real World wrote on Apr 30, 2008 7:37 AM:

" I think a simple reprimand was in order. "

Realtor Star wrote on Apr 30, 2008 2:36 AM:

" That punk deserved a lot more than he got. Hoepp should have kicked his ass a few times while the Trooper looked the other way. Lenient Judges allow this stuff to keep happening, while a good cop gets the headlines for shouting at a punk. I sure hope Pomeroy defends the real victim here. "


The comments above are from readers. In no way do they represent the views of the Winona Daily News.

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