Jury trial scheduled for Anderson

This article submitted by Linda Stelling on 1/6/98.

John Carl Anderson, 35, Paynesville, is scheduled to go before Judge Skipper Pearson on Feb. 17 in Stearns County District Court.

Anderson is charged with second degree manslaughter, criminal vehicular homicide and fleeing a police officer in a motor vehicle.

On Monday, Jan. 5, Anderson appeared before Judge Pearson in a settlement hearing in Stearns County District court. A plea agreement without prison time is the only thing that would keep Anderson from taking his case before a jury. John Moosbrugger, Andersonís attorney told the coure Anderson isnít willing to go to prison, if the county isnít interested in making a plea offer.

Moosbruger also made a discovery motion asking Will Brost, Assistant Stearns County Attorney, to turn over any information gathered by the Paynesville Police Depatment during their internal investigation into Schmitzís conduct during the chase.

Brost told the court he did not have any information. Judge Pearson told Brost to get the information from the Paynesville Police Department and turn it over to him for review. However, Paynesville officials said they donít have the information because the county has failed to provide them with needed files to complete their investigation.

ĎIím a little tired of the implication that something is being hidden here,Ē Brost said. ďThat is not the case. When something is turned over to me, it is turned over to Moosbrugger.Ē

In November, Anderson appeared before Judge Pearson for an omnibus hearing, but his attorney, John Moosbrugger, requested some of the evidence gathered the night of the accident, on Oct. 15, be suppressed.

Anderson is being held in Stearns County Jail in lieu of a $100,000 bond, since his arrest in October.

Anderson was allegedly driving an El Camino that was being pursued by Paynesville Police Officer, Joe Schmitz. The police squad car and a van driven by Gary Westby, Spicer, collided at the intersection of Roseville Road and Highway 23, killing Westby.

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