Worthington, Minnesota — A Sheldon man who, with the help of the Minnesota American Civil Liberties Union (ACLU), is suing the Worthington Police Department for alleged use of excessive force, has been sentenced for his role in an assault that happened earlier on the evening in question.
According to Minnesota court records, 33-year-old Kelvin Francisco Rodriguez was charged with Third Degree Riot, Fifth Degree Assault, and Disorderly Conduct, which are all misdemeanor offenses. Court records indicate that as part of a plea agreement, the riot and assault charges were dismissed and Rodriguez pleaded guilty to the disorderly conduct charge.
He was sentenced to 90 days in the Nobles County Jail, with all time suspended, and six months of supervised probation, plus fees, fines, and costs.
The charges stem from an assault that night in January.
The lawsuit filed by the ACLU alleges that Worthington Police officers did not know about the assault when they arrested Rodriguez, and had no reason to stop him except that he ran from them. It alleges that the officer driving the squad car didn’t turn on his emergency lights until after Rodriguez had stopped his vehicle in a parking lot and ran. The suit claims the officer and his ride-along that night used excessive force, breaking four of Rodriguez’ ribs and lacerating his pancreas and liver.
According to public records, before Rodriguez was taken to jail, officers were advised that an individual was assaulted by three people on 12th Street in Worthington, and one of the subjects had fled the scene. Police then believed Rodriguez to be the one who fled the scene.
