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Bail was posted and the individual was released. The next court appearance is scheduled for April <br />8. <br /> <br />Police Chief Way stated that it was his understanding that the defendant did make a complaint <br />regarding his arrest. He explained that the City has made 120 warrant arrests in the past year. <br />Whenever the Police Department has information on a warrant and they know where the person is <br />they make the arrest. <br /> <br />City Attorney Goodrich noted that when the defendant appears in court on April 8, he can plead <br />guilty or not guilty or if he does not have an attorney he would be given time to find an attorney. <br />Following the April 8 trial would be a pre-trial at which time there could be a plea or a jury trial <br />would be scheduled. <br /> <br />Councilmember Elvig inquired as to why the Council was being presented with this information. <br /> <br />City Attorney Goodrich replied that some members of the Council had questioned what was <br />happening with the complaint. <br /> <br />Councilmember Cook stated that he would like to know if there is a point in the process where <br />the City could plea bargain with the defendant to resolve the issue and hopefully save the City <br />some money. He inquired if the case were to go to a jury trial would punitive damages be <br />awarded or would the City have to proceed with a civil trial. <br /> <br />City Attorney Goodrich explained that the judge handling the criminal trial has nothing to do with <br />a civil trial. <br /> <br />Councilmember Cook inquired if the City would seek civil damages would they have to go to civil <br />court. <br /> <br />City Attorney Goodrich replied that if the City were to choose to go after civil damages they <br />would have to go to civil court and that decision would be made by the City Council. Currently <br />what they are discussing is a criminal case. <br /> <br />Councilmember Cook inquired if the City could plea with the defendant to resolve the issue and <br />minimize the damages. <br /> <br />City Attorney Goodrich explained that the process on April 8 is not set up to discuss those issues, <br />but at the pre-trial those issues could be brought forward. <br /> <br />Councilmember Elvig inquired if the defendant was ticketed initially. <br /> <br />City Attorney Goodrich replied no, explaining that a formal complaint was filed. <br /> <br />Councilmember Elvig inquired if a court date is set on the document when a formal complaint is <br />made. <br /> <br />City Council/March 25, 2003 <br /> Page 2 of 5 <br /> <br /> <br />