Today the Tenth Circuit issued its decision in United States v. Thomas Rodella, affirming the convictions of the former Rio Arriba County (N.M.) sheriff arising from a road rage incident in which he threatened a young motorist with a firearm. Sheriff Rodella was convicted of violating the young man’s right to be free from unreasonable force and seizure, and for using a dangerous weapon while doing so, and was sentenced to just over 10 years in prison.
Judge Briscoe’s opinion rejects Rodella’s claims: (1) that the evidence was insufficient to support his conviction for violating the victim’s right to be free from unreasonable force and seizure; (2) that the jury should have been instructed that the victim suffered more than de minimis physical or emotional injury; (3) that the trial court improperly admitted evidence of other incidents in which Sheriff Rodella allegedly abused his power; (4) that the prosecutor committed misconduct by arguing that the other incidents were evidence of Rodella’s alleged propensity for violence; and (5) that the trial court improperly admitted evidence of Rodella’s training in the pursuit of a suspect’s vehicle.
