Jacob Jerome Swank, 40, is facing felony charges stemming from a dispute involving an acquaintance and a woman. Police allege Swank drove his minivan over the acquaintance and left the scene, and that the victim was found with a broken leg. Swank faces second-degree assault with a dangerous weapon, criminal vehicular operation involving substantial bodily harm, and a charge for leaving the scene of the collision.
Austin police were called just after 6 a.m. Saturday, Oct. 3, to the 1200 block of 12th Street Northwest, according to the Post Bulletin. Officers found an adult man in a yard with an apparent fracture to his leg. The man identified “Jake Swank” as the person who hit him with a minivan, later identified as a Dodge Caravan.
Witnesses Describe Squealing Tires And A Fast Getaway
The alleged victim told officers he and Swank had an earlier dispute concerning a woman, according to the report. Witnesses said they heard tires squeal and saw a vehicle back out of the driveway quickly after the collision.
Investigators documented tire marks, blood spatter and a piece of plastic that may have come from Swank's vehicle, the outlet reported. Those details were among the evidence cited in connection with the charges.
Conflicting Accounts Of What Happened
Court documents cited in the report give Swank's account: He said he was defending a mutual acquaintance and his car. A woman who spoke with law enforcement gave a different version, telling investigators the victim had not attacked anyone and that Swank hit him with the van, then asked her to leave with him.
After Swank was taken into custody in Waseca County, bail was set at $20,000 with conditions or $200,000 without conditions, the Post Bulletin reported.
What Minnesota Law Says About The Charges
Under Minnesota Statutes, section 609.222, second-degree assault with a dangerous weapon that inflicts substantial bodily harm can carry up to 10 years in prison, a fine of up to $20,000, or both. A conviction for criminal vehicular operation causing substantial bodily harm can carry up to three years in prison, a fine of up to $10,000, or both, under section 609.2113. That section also lists leaving the scene in violation of section 169.09 as one of several alternative circumstances for the offense; the provision does not establish that the allegations in Swank's case meet the offense's elements.
Minnesota law also spells out what drivers are required to do after a collision that causes injury. Under section 169.09, a driver must immediately stop at the scene or as close to it as possible, investigate what was struck, and remain at the scene to fulfill information requirements if the driver knows or has reason to know the collision caused injury.
The account of Swank's position described in the report comes from court documents. It is an allegation, not a finding about what happened.
