A Coon Rapids man charged with two felonies in connection with a hit-and-run incident the evening of June 13 that severely injured a nine-year-old boy is seeking to have both charges dismissed in Anoka County District Court.
Felony criminal vehicular operation resulting in great bodily harm (leaving the scene) and leaving the scene of a personal injury accident resulting in great bodily harm were filed against Nathan Wade Boese, 32, 10846 Sycamore St. N.W., by the Anoka County Attorney’s Office.
But defense attorney Steven Meshbesher has filed motions with the court to have evidence suppressed and to dismiss the charges for lack of probable cause. Those will be argued at a court hearing before Anoka County District Court Judge Sharon Hall Thursday, Nov. 1.
According to court papers filed by Meshbesher, Boese’s statements to police should be suppressed because there was no Miranda warning given and they were coerced.
In addition, Meshbesher argues there was no probable cause for the warrants that were issued for police to search Boese’s vehicle and home and the sequential photo identification should be suppressed because it was done in a suggestive manner.
If the court throws out that evidence, then there is no probable cause for the charges against Boese and they should be dismissed, Meshbesher states in court papers.
The court has set Jan. 14, 2013 as Boese’s trial date.
Amir Taylor, Minneapolis, was visiting relatives in Coon Rapids when he was struck by a truck at the intersection of 111th Avenue and Kumquat Street N.W. while riding a bike to a park about 7 p.m. June 13.
According to the criminal complaint, the boy was on life support at North Memorial Medical Center until June 16, but he regained consciousness, started therapy and was later transferred to Gillette Children’s Hospital.
The boy was riding the bike in a westerly direction when he was struck by the truck which was being driven south on Kumquat.
The crash was heard and observed by neighbors, who described the truck and the driver that struck the boy, according to the complaint.
Witnesses alleged the truck continued south and stopped a block away, but as witnesses began yelling, the driver accelerated away and did not return to the scene.
Authorities issued a description of the truck given by witnesses, a black, mid-’90s Chevy Z-71 pickup, the damage that was done – driver’s side door and side mirror – as well as a photo of a similar truck to the media and the morning of June 15, Coon Rapids Police got a call from an auto body repair shop in Minneapolis.
When the shop opened for business the morning of June 14, it got a call from a man, allegedly identified as Boese, who said he needed work done right away and would pay cash.
Later that morning, Boese arrived in his truck, a 1996 black Chevy Z-71 pickup truck, and allegedly said he needed the driver’s side mirror replaced as it had broken off and the windshield repaired, as well as dents in the driver’s door.
When police saw the truck, it looked as though the Z-71 stickers had recently been removed and some kind of compound was allegedly present.
Boese’s general physical description matched that given by witnesses, but when police contacted Boese he alleged he was not involved in any type of crash with a child or bike.
He alleged that the damage had been caused by an act of vandalism weeks before in Minneapolis, but he had not filed a police report and the stickers had been removed years before by his father.
According to the complaint, police learned that about 30 minutes after the crash, Boese was at his girlfriend’s work place in Minneapolis in the same black truck and video surveillance showed the truck being moved, then he and his girlfriend left in her car.
Video also allegedly showed the clothing Boese was wearing, including an orange-red shirt with a number 10 on the back and a baseball-style hat, as well as what appears to be damage to the truck and Boese wiping or rubbing the area where the impact with the boy had occurred.
During a search of Boese’s Coon Rapids home, clothing allegedly matching that seen on the video the night of the crash was found in a laundry basket, as well as a hat similar to what he was wearing in the video.
A witness from the scene of the crash was shown a photo line-up and allegedly identified Boese as the person who was driving the truck that struck the boy.
The truck was tested for blood and a presumptive test from the driver’s side door area allegedly came back positive for the presence of blood.
According to court papers, the DNA testing has not yet been completed.
A warrant was issued for Boese’s arrest and he was arrested at another residence in Coon Rapids, not his own, the evening of June 19.
Court records show that Boese was convicted of felony second-degree burglary in 2002 and placed on probation for 10 years at sentencing in January 2003.
Later in 2003, Boese was charged with a felony first-degree controlled substance crime and a warrant was issued for his arrest. Boese was not arrested until 2009 and in April 2010 he pleaded guilty and was placed on probation for 20 years.
Peter Bodley is at email@example.com