The two Alaska State Troopers charged with assault after a bloody arrest of the wrong person in Kenai pleaded not guilty on Tuesday.
It was the first time Jason Woodruff and Joseph Miller Jr. appeared in court since they were each charged with one count of misdemeanor assault. It’s highly unusual for Alaska law enforcement to face charges due to their actions on the job.
And in Kenai District Court on Tuesday attorney Darryl Thompson – who is representing the man the troopers are accused of assaulting, 38-year-old Ben Tikka – underscored the damage he says was done.
“He has life changing injuries to his body – $41,000 worth of medical expenses, kicked in the groin by Miller, attacked by the dog as Woodruff was trying to control. I mean, he has life changing injuries as a result of this,” Thompson said. “And … they were doing this under the color of law, color of the badge. We think some performance bond is required.”
According to a charging document written by prosecutors, Woodruff and Miller thought they were arresting Tikka’s cousin in May, who had an outstanding warrant. The document says the men used unreasonable force when they arrested Tikka – punching him, kicking him and deploying a police dog on him.
But Woodruff’s attorney, Clint Campion, disputes that Woodruff violated the law. He filed a motion to dismiss Woodruff’s assault charge this week. In an interview, he said there’s a lack of probable cause. He doesn’t think Woodruff’s conduct during the incident was reckless as described by the state law he’s charged with violating.
“The reckless standard compares Trooper Woodruff’s conduct versus that of a reasonable person under the circumstances, and there has to be a gross deviation from what’s called the standard of conduct of a reasonable person,” Campion said. “And there aren’t any Alaska cases that suggest what he did is a violation of the law.”
Campion said Woodruff’s case will “certainly” go to trial.
Miller’s lawyer could not be reached for comment Tuesday.
District Court Judge Kimberly Sweet ordered both Woodruff and Miller to have no contact with Tikka. She opted not to require a performance bond – as was requested by Tikka’s attorney – saying she didn’t think the troopers were flight risks.
Miller and Woodruff were based in Soldotna and have worked at the agency for more than a decade.
Trooper spokesperson Austin McDaniel said Tuesday that Woodruff and Miller are currently employed by the State of Alaska. They were taken out of service after the department learned about the incident and have not returned to service.
McDaniel said state law precludes him from giving detailed information about whether a state employee is on administrative leave without pay.
Alaska Department of Public Safety Commissioner James Cockrell condemned Woodruff and Miller’s actions during a press conference last month. Cockrell said he reviewed the body camera footage of another officer at the scene and was “totally sickened.”
“I’ve been with this department 33 years and I’ve never seen any action like this before by an Alaska State Trooper,” Cockrell said.
Skidmore said the department will not release the body camera footage because it’s evidence in an active criminal investigation.
Cockrell’s comments were swiftly denounced by the Alaska Public Safety Employees Association. The association said Cockerell “pronounced the guilt” of Woodruff and Miller without hearing their side of the story.
Both Woodruff and Miller are scheduled to appear in court again next month.
