Juan Lopez Ortiz will be charged with first-degree assault for allegedly attacking two Freeborn County Jail employees last summer, the Minnesota Court of Appeals ruled Tuesday.

Wednesday, May 09, 2001

Juan Lopez Ortiz will be charged with first-degree assault for allegedly attacking two Freeborn County Jail employees last summer, the Minnesota Court of Appeals ruled Tuesday.

The unanimous ruling overturned a Third District judge’s decision stating there was no probable cause to charge Ortiz with first-degree assault involving the attempted use of deadly force on a correctional employee.

&uot;The district court erred by failing to consider reliable hearsay in evaluating probable cause, failing to explain its conclusions with regard to probable cause, and by concluding that probable cause did not exist for a first-degree assault charge…&uot; the court ruled.

The charge stems from an Aug. 3, 2000 incident when Ortiz allegedly attacked two jail employees in an apparent attempt to escape the jail. One jailer was hospitalized and cannot remember the incident.

&uot;The evidence before the district court detailed an attack committed by a very strong man punching a correctional employee ‘extremely hard’ in the face; continuing to beat the victim, after he was rendered unconscious, with several undefended blows to the head that were hard enough to cause the victim’s head to bounce on the concrete floor; dragging his unconscious victim on his head across the concrete floor; and, finally, closing a cell door on the victim several times,&uot; the court wrote.

A jury will have to decide if those facts are true and constitute deadly force, the court wrote.

&uot;It is a very strong decision,&uot; said Assistant Freeborn County Attorney David Walker, who argued the case before the appeals court. &uot;It was exactly what I argued for.&uot;