Rochester Assault Case Reopened After Appeals Court Ruling

Rochester, MN (KROC-AM News) - The Minnesota Court of Appeals has overturned an Olmsted County judge's decision to dismiss charges in a Rochester assault case.

According to court documents, 37-year-old Rodrigo Rojas Gasca is accused of injuring a man and a woman during an altercation at a Rochester restaurant in February 2022. The victims, who were transported to a hospital for treatment, told Rochester police that Gasca struck the man in the face with a closed fist and knocked him unconscious.

The injured woman told investigators that she was also struck with a closed fist when she attempted to break up the altercation.

Gasca was charged two years later with felony third-degree assault and two counts of misdemeanor assault.

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During a hearing in Olmsted County Court last November, Gasca requested that the charges be dismissed due to the two-year delay in filing them. He argued the delay was unnecessary and prejudicial. The court granted the request.

The Olmsted County Attorney's Office appealed the dismissal, claiming the judge in the case abused her discretion. In a recent ruling, the Appeals Court agreed, finding that the judge did not require Gasca to establish actual prejudice or provide written findings to support the dismissal.

The decision sends the case back to Olmsted County Court for further proceedings.