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Criminal Law Keyed to Gershowitz
State v. Hemmer
Citation:
3 Neb. App. 769, 531 N.W.2d 559.Facts
On January 15, 1994, a sheriff deputy attempted to stop the defendant for a speeding violation. When the defendant would not stop, a high-speed chase ensued. The chase continued into a different county, at which time there were 8 to 10 law enforcement officers from four different law enforcement agencies involved in the chase.
During the chase, the defendant ran two roadblocks set up by police. One roadblock had been set up in the town of Osmond. As the defendant’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 defendant’s vehicle down” as it approached, but when the defendant’s vehicle did not stop, the sheriff was forced to “dive into a snowbank” to avoid being struck. The defendant was later apprehended in a rural area after his vehicle ran out of gas.
The defendant was convicted of the crime of attempted reckless assault on an officer. The defendant appealed, arguing that he cannot be found guilty of attempted reckless assault.
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