Around three months after setting a June 9 “date-certain” trial for the two Alaska State Troopers indicted of felony assault charges for their alleged conduct during a May arrest in Kenai, one of the attorneys for the men is requesting a delay.
Both Joseph Miller Jr., 50, and Jason Woodruff, 42, are accused of assaulting Ben Tikka, 38, whom they approached while trying to arrest his cousin early on May 24, according to a complaint by the state attorney general filed in the Third Judicial District at Kenai on Aug. 14.
The complaint says that the two troopers, while trying to arrest Tikka’s cousin, allowed a police dog to repeatedly bite Tikka and kicked him in the head and other parts of the body. The complaint says Tikka was hospitalized with several broken bones, lacerations and open wounds.
A Kenai grand jury on Oct. 30 returned an indictment for both troopers with a single count each of felony first-degree assault. A trial was previously set for June 9, but at a status hearing on Wednesday, Matthew Widmer, attorney for Miller, said he newly had a conflict.
Widmer said he is serving as “second chair” in another federal case that last week saw its trial delayed from April to June. The judge in that case “was made aware” of the conflict, Widmer said, but made the change over Widmer’s objection.
“I would be asking to move our trial date so that I will not be double booked,” he said.
State prosecutor Daniel Shorey objected to the motion, noting that the change was made only on Feb. 21, where the date-certain trial was established on Dec. 11. He said witnesses are ready for the June trial and he asked that Widmer be made to file a motion for delaying the proceeding to explain “what happened exactly at the federal status hearing.”
Both Shorey and Clint Campion, attorney for Woodruff, said they want to see a joint trial with both troopers together, rather than severing the two cases.
A deadline to file the motion was set for March 24, with time for Shorey to respond in early April before another status hearing set for April 9.
Reach reporter Jake Dye at jacob.dye@peninsulaclarion.com.
