Rochester man loses assault appeal

Cosmas Nyatwori

Woman said he punched her elderly father.

Posted: Dec 4, 2017 10:37 AM

ST. PAUL, Minn. – A Rochester man convicted of assaulting a nursing home resident has lost his appeal.

38-year-old Cosmas Oseko Nyatwori was found guilty of 5th degree assault and sentenced to 30 days in jail and one year of supervised probation. A woman testified that when she visited her father at Samaritan Bethany Home on February 11, 2016, she saw Nyatwori forcefully pull her father back into his wheelchair when he tried to stand up and then punch her father three to five times in the upper shoulders and head area.

Nyatwori challenged his conviction, arguing there was no other evidence against him besides the woman’s testimony. Nyatwori says the woman was looking at them from behind from 60 to 70 feet away and could have easily mistaken him guiding her father back into his wheelchair as an assault.

The Minnesota Court of Appeals has rejected Nyatwori’s appeal, finding that he challenged the woman’s credibility during his two-day trial and the District Court was within its rights to convict him based only on that testimony.

Article Comments

Mason City
Few Clouds
79° wxIcon
Hi: 81° Lo: 66°
Feels Like: 81°
Albert Lea
Scattered Clouds
81° wxIcon
Hi: 80° Lo: 66°
Feels Like: 83°
Austin
Scattered Clouds
82° wxIcon
Hi: 82° Lo: 68°
Feels Like: 82°
Charles City
Scattered Clouds
79° wxIcon
Hi: 79° Lo: 67°
Feels Like: 81°
Rochester
Few Clouds
77° wxIcon
Hi: 80° Lo: 65°
Feels Like: 79°
Tracking severe storms tonight.
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

CTK: Charles City

Image

CTK: Osage Green Devils

Image

CTK: Grand Meadow

Image

Scooters causing concern in Rochester

Image

Hagedorn tour in Albert Lea

Image

Reaction to Railroad railroad shooting verdict

Image

Chris' weekend forecast

Image

Chris Gives the Forecast with Tacos

Image

JULY 2019 was hot

Image

Chris Likes that TexMex

Community Events