DENVER (AP) — A federal appeals court will hear arguments over whether to overturn the conviction of a former New Mexico sheriff serving 10 years in prison for abusing a driver in a bizarre, off-duty traffic stop.
Lawyers for ex-Rio Arriba County Sheriff Thomas Rodella will argue during a Tuesday hearing that the March 2014 traffic stop was legal. Rodella was convicted of brandishing a firearm and depriving a motorist of his rights in what prosecutors described as road rage.
Prosecutors said Rodella pulled a gun on the motorist and struck him in the face with his badge because he cut him off in traffic. The motorist, Michael Tafoya, told jurors he feared for his life.
Rodella’s attorney wrote in court documents that improper jury instructions and some evidence that was permitted created an unfair trial.
