Former Viking Eller sentenced to workhouse
(AP) - Former Minnesota Vikings great Carl Eller was sentenced Monday to 60 days in the Hennepin County workhouse for resisting Minneapolis police officers after a traffic stop, a punishment that went beyond prosecutors' recommendations.
Judge Dan Mabley rejected a request to delay the sentence 24 hours to allow Eller to get his affairs in order, ordering him taken into custody immediately. In doing so, Mabley claimed that Eller had called the police and the court corrupt and biased.
"I have to send a message that I do not find credible what he has asserted," Mabley said. "The best way I can to that is to take him into custody."
Mabley also ordered Eller to serve 60 days on electronic home monitoring, additional probation and to pay a $3,000 fine.
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Prosecutors had sought a 60-day sentence that Eller could serve on home monitoring.
"This was a stern sentence," Hennepin County Attorney Mike Freeman said.
Eller's attorney, Albert Goins, called the sentence "extraordinary" and said he would discuss an appeal with Eller as soon as possible.
"We are surprised and chagrined that the judge would impose a jail sentence," Goins said. He noted that the prosecution asked for home confinement, not jail time.
Goins said Eller has never criticized the court, although he had questioned the conduct of police and prosecutors. Goins said Eller was being punished for exercising his First Amendment rights and the civil rights of all defendants.
"I think that raises serious concerns for all citizens," Goins said of the sentence.
In January, Mabley convicted the 67-year-old Eller of fourth-degree assault of a police officer and second-degree refusal to submit to chemical testing, both gross misdemeanors.
Mabley found that Eller had been drinking at Bunker's bar in Minneapolis before he drove through a stop sign and swerved toward a squad car, just missing it, early April 9. Officers followed Eller, but he did not stop until he pulled into his driveway.
Mabley found that once Eller stepped out of his vehicle, he did not obey commands to show his hands and he resisted arrest. He fought with the two officers, and was not subdued until backup officers arrived.
In court, Eller said the arrest "has been a difficult time for everyone" and that he was "saddened by the events that happened." He said he had made some changes in his life since then.
"I made the decision that my behavior was going on a path that was not healthy for me," he said.
Freeman said that Eller will get chemical dependency treatment and be subject to random testing. Should he fail a test, he could spend more time in the workhouse.
Eller has filed a federal lawsuit against police, claiming officers violated his civil rights, used excessive force and concealed videotape evidence of his arrest.
The two officers who arrested Eller were in court Monday and gave statements before sentencing. Afterward, one of them, Seth Porras, said he thought the punishment was appropriate.
"I hope this will be a turning point in his life," Porras said of Eller. "And I hope we can get back to doing our job."
Eller was one of the Vikings' celebrated "Purple People Eaters" in his 15 years with Minnesota from 1964-78. He played in six Pro Bowls and all four of the Vikings' Super Bowl appearances. He finished his career in 1979 with Seattle. He was inducted into the Pro Football Hall of Fame in 2004.
(Copyright 2009 by The Associated Press. All Rights Reserved.)
