Jail time for man who fled, assaulted officer

Published 7:49 am Thursday, December 23, 2010

A 24-year-old Mankato man who assaulted a police officer and had burglary tools and methamphetamine in his possession in October was sentenced to 180 days in jail Friday in Mower County Court.

Andrew Derek Layton must also complete six years supervised probation once he is released from jail. He received 44 days of credit for time already served.

Layton was convicted of fleeing a peace officer in a motor vehicle, possessing burglary or theft tools and fourth-degree assault of a peace officer.

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According to court documents, Layton was initially pulled over by Austin police because of a lighting problem on the rear of his car. Once the officer ran his driver’s license, though, he learned that Layton was driving on a suspended license.

When the officer attempted to arrest Layton for driving after suspension, Layton tried to restart the car and drive away. The officer grabbed Layton by the arm and pulled him out of the car to prevent him from escaping. Layton then struck the officer in the face near his forehead.

Two officers arrived to help restrain Layton, but despite the use of mace and several dry stuns from a stun gun, Layton was unable to be restrained until a fourth officer arrived at the scene.

Layton did not receive nor request medical attention. None of the officers received medical attention either, but the officer whom Layton struck lost a contact lens and had swelling on his face. A second officer received minor injuries to his knee during the incident.

Upon searching Layton’s vehicle, officers found a controlled substance that tested positive as methamphetamine. Officers also found a gun safe containing a semi-automatic pellet handgun, several knives and drug paraphernalia.

A bag in the vehicle held a black ski mask, two pairs of black gloves and two ropes. The vehicle also contained two 2-way radios, two cell phones, a laptop computer, a .357 magnum bullet, five Minnesota drivers licenses and four social security cards not belonging to Layton.

As part of his probation, Layton must agree to not enter bars or liquor stores, take medications in the prescribed dosage and frequency, complete a psychological evaluation and abstain from alcohol and controlled substances.