A Kenai grand jury indicted two Alaska State Troopers on upgraded felony assault charges Wednesday, in a violent Kenai arrest that left a man severely injured earlier this year.
Jason Woodruff, 42, and Joseph Miller Jr., 49, now each face one count of first-degree assault, a more severe crime than the misdemeanor assault counts they were originally charged with in August.
Prosecutors say body camera footage shows Woodruff and Miller beating, tasing and having a trooper K-9 maul Benjamin Tikka in May during an arrest near Daubenspeck Park. According to charging documents, troopers thought they were arresting Tikka’s cousin, who shares the same last name.
Woodruff and Miller appeared in court for the first time in September, when they both pleaded not guilty. It’s rare for law enforcement in Alaska to face criminal charges for their conduct in the field.
Attorney Darryl Thompson represents Benjamin Tikka, the man who was beaten. He said they intend to file a civil suit related to the May arrest. He thinks the felony charges are appropriate and has previously said the two troopers were undercharged.
“Felony assault in the first degree is recklessly causing serious physical injury by means of a dangerous instrument,” he said. “Those are the elements and this case met that from day one. I mean, both Miller’s foot and Woodruff’s dog are dangerous instruments, and he suffered significant, really serious physical injuries.”
Thompson said Tikka had $41,000 of medical expenses because of the two troopers. The arrest left Tikka with disfiguring scars, stitches and a broken bone that impact Tikka’s daily life.
“That’s kind of an experience that you don’t just get over,” he said. “You know, he wants to be a guy that if he’s in trouble, he can call the police, ‘I need help,’ but this breach of trust is pretty significant.”
Clint Campion, Woodruff’s attorney, said Thursday’s indictment was a surprise.
“So I found out yesterday from the prosecutor and that was the first time I had heard that … there was going to be a grand jury proceeding or that there had been a case presented to the grand jury,” Campion said. “So it was a surprise.”
Campion wants the court to dismiss Woodruff’s initial indictment. Whether they move to dismiss the new indictment depends on his review of the grand jury proceedings. Campion said he expects the cases will go to trial.
“I can’t speak for Sergeant Miller or his attorney, but it would be my expectation that they’d be tried together,” he said. “That could change, but at this point we expect that the cases be tried together.”
Miller’s attorney did not respond to a request for comment.
As of Thursday, Campion said Woodruff remains on unpaid leave. He is still a member of the Alaska State Troopers, but has not returned to duty.
State law defines first-degree assault as a person recklessly, seriously injuring another person using a dangerous instrument.
On Thursday, trooper spokesperson Austin McDaniel said comments Public Safety Commissioner James Cockrell gave in an August press conference about the incident — in which he said he was “totally sickened by what I saw” in the body camera footage — remain relevant to the new indictment.
In a statement, Deputy Attorney General John Skidmore said the Department of Law’s Criminal Division always evaluates cases, even after charges have been filed.
“The indictment represents a reassessment of the case, and the grand jury determined the higher charge was warranted,” he said.
The Department of Law said prosecutors will not seek arrest warrants for Miller and Woodruff because bail has already been set. First-degree assault carries a maximum sentence of 20 years in prison and a presumptive sentence of between seven and 11 years.
Woodruff and Miller are next scheduled to appear in court on Nov. 12 for arraignment on the felony charges.
