A judge on Friday dismissed charges against a Minneapolis man who was accused of trying to intimidate a Hennepin County District judge while she was presiding over the manslaughter case against former Brooklyn Center police officer Kimberly Potter.
Cortez A. Rice, 32, had been charged with tampering with a judicial officer, a felony, in connect with allegations that he went into the Loring Park condominium building where he believed Judge Regina Chu lived and made aggressive comments meant to intimidate her into allowing broadcast coverage of the trial of Potter.
In issuing his dismissal order, Judge William H. Leary III pointed out that the law required the prosecution to prove the judge was placed in reasonable fear of substantial bodily harm to her or her family, or that the defendant could be expected to cause emotional distress. "The State concedes that the complaint does not allege such harm," Leary wrote.
"There were no grounds to conclude anyone suffered substantial emotional distress or would have been expected to in response to my client's actions," defense attorney Jordan Kushner said.
The Hennepin County Attorney's Office countered in a statement that "the conduct of Mr. Rice demonstrated in this case is cause for serious concern as to how it will impact the ongoing fair administration of justice. Judicial proceedings must be free from outside interference, intimidation, and coercion."
The office said that while it disagrees with the court's "interpretation of the statute, we do respect the order."
Prosecutors are "in the process of evaluating how best to proceed," the statement continued. Leary dismissed the case "without prejudice," meaning the prosecution retains the right to charge him anew.
Rice livestreamed himself on Nov. 6 standing outside the door of the 12th-floor unit he claimed belonged to Chu as protesters gathered outside, demanding that Potter's trial be broadcast.
Chu later approved live video coverage of the trial, during which Potter was convicted of manslaughter in the death of Daunte Wright in April, but she made clear that the demands of protesters were not a factor.
Police interviewed Chu, who said she believed that the intention of Rice and the others "was to intimidate her and to interfere with the judicial process," the complaint read.
Despite the dismissal order, Rice remains in custody in Hennepin County because of a probation violation in connection with an illegal weapons conviction. Rice's attorney argued last week that his client be allowed a furlough in order to attend his the funeral for his 15-year-old son, Jahmari Rice, who was shot outside his Richfield school Tuesday.
Judge Leary put off granting a furlough until funeral arrangements were set. Kushner said services are scheduled for Wednesday, and the County Attorney's Office said it "is in agreement to allow Mr. Rice out of custody to attend his son's funeral services once specific arrangements are made and brought to the court."
