Road rage led to second-degree criminal assault charges for a Rosemount, MN man. He was alleged to have punched a motorist through the window of his SUV and then threatened him while wielding a knife. The penalty carried a mandatory minimum 36-month sentence in prison. During the trial, the driver of the vehicle testified that John Emerson became angry following a road incident, dismounted from his Harley Davidson, reached through the truck window, punched him and brandished a knife. The man’s girlfriend and 12-year-old daughter who were passengers in the vehicle at the time tearfully recounted the details before the jury this week.
Emerson’s defense attorney, Robert D. Miller of Minneapolis told the jury that the alleged victim had reacted angrily when Emerson was driving on the shoulder of the highway from Prescott, Wisconsin to Hwy 10 in Minnesota because traffic was heavy and his bike was overheating. Emerson testified that the motorist cut hit him off and aggressively followed him into Hastings where the incident occurred. The jury was hopelessly deadlocked, and a mistrial was declared. Miller said, “I am always pleased when jurors listen attentively and decide cases based on the facts and the law.” Robert D. Miller is considered one of the leading criminal defense attorneys in Minnesota having won an acquittal in a first-degree murder case six months after becoming a criminal defense attorney.
A case where “snitch” testimony was discredited.