Charges Filed in Senser Hit & Run Case

MINNEAPOLIS - The wife of former Viking Joe Senser was charged with criminal vehicular homicide or operation, a felony count, by the Hennepin County attorney Thursday.

Amy Margaret Senser, 45, of Edina, walked out of jail at 1:30 p.m. after posting her $150,000 bail. She left in silence with her husband two and a half hours after she arrived. Conviction holds a maximum penalty of ten years incarceration and a $20,000 fine.

Senser will return to court on Friday at 1:30 p.m. for her first appearance.

The criminal complaint did not contain any new details in the hit-and-run death of True Thai chef Anousone Phanthavong, and said the only statement investigators received regarding the crash was a one-sentence admission from Senser saying she "drove the car in the accident in which Anousone Phantavong lost his life."

Hennepin County Prosecutor Mike Freeman said Senser is still invoking her fifth amendment rights against self-incrimination.

"One of our challenges here is, there are really only two people who knew what happened that night. One of them, tragically, is dead, and the other is exerting her contitutional rights not to talk other than to issue a one-sentence phrase that she was driving the car," said Freeman.

Yet, Freeman says her admission alone is enough to convict her.

The attorney for Senser, Eric Nelson, says Senser voluntarily turned herself in to the Minnesota State Patrol Thursday morning.

"This is a tragedy," he said, responding after Freeman's announcement. "This is a tremendously tragic accident, and she grieves for this family. That's her primary concern at ths point, is ths family -- and it may not seem that way because she's exercising her fifth-amendment rights, but let that be a lesson to all Minnesota citizens and all U.S. citizens about the exercise and how important these rights are."

The criminal complaint states that Minnesota State Patrol responded to a medical emergency on the ramp to eastbound Interstate 94 from Riverside Avenue in Minneapolis to find the body of an adult male, later identified as Phanthavong, lying face down on the ramp, 40 feet in front of a Honda Accord.

There was a blue container that appeared to contain gas between the victim and the Accord. Phanthavong was declared dead at the scene. Officers believe he was attempting to refuel his car when he was struck by another vehicle. The right side of the victim’s body was injured and his shoes were thrown from his body â€" landing between him and the Accord.

Troopers found auto parts that belonged to the suspect vehicle â€" a Mercedes. Several of the parts had blood on them. Officers found the matching model online, a Mercedes GLK300.

On Aug. 24, the State Patrol received a call from Nelson, in which he stated he was going to release a Mercedes ML350 that was involved in the accident the previous evening. The vehicle was located at 416 John St. in Edina, which is the residence of Amy Senser.

State Patrol responded to the address with a tow truck and took custody of the vehicle. The front passenger side of the vehicle had damage including a broken headlight and fog light. The front passenger fender was also dented, and blood was observed on the front hood. The vehicle is registered to the defendant’s husband, Joseph Michael Senser. 

Phanthavong, 38, was struck and killed by a Mercedes SUV allegedly driven by Amy Senser, the wife of former Minnesota Vikings tight end, broadcaster and restauranteur Joe Senser.

The medical examiner ruled the death an accident, with the cause of death listed as multiple blunt-force injuries.

Phanthavong’s family filed a wrongful death lawsuit earlier this month against Joe and Amy Senser. They were present on Thursday, along with their lawyer, Jim Schwebel.

"The county attorney went ahead witht he best evidence they have today, and I stress that because, at this point, they can prove enough to get a felony conviction by proving she was the driver and she fled," he said.

Schwebel said the family's wrongful death suit will continue alongside the criminal trial.

The lawsuit seeks answers to several questions, including why Amy Senser was exiting at Riverside Avenue, if anyone else was in the SUV and whether alcohol was involved. The family is seeking at least $50,000 in damages against the Sensers.

Minnesota State Patrol investigators said they needed something other than Amy Senser's one-sentence confession that she was driving to file charges. Without hard evidence, someone else could come along later and claim to be the driver, derailing the case.

Yet, Nelson said he doesn't feel this is an open and shut case.

"Will you argue that she didn't know she hit anybody?" he asked. "Contrary to what Mr. Schwebel said, there is quite a bit more the state would have to prove -- other than that there was just an accident and she left the scene. Among the things the state would be required to prove is she knew she hit a person specifically. A person."

In Minnesota, anyone who leaves the scene of a fatal

hit and run can still be charged with criminal vehicular homicide. It took three weeks for charges to be handed down.

Among the hold-ups, investigators said it was taking longer than expected to retrieve cell phone records that could be used to pinpoint Amy Senser's whereabouts at the time of the crash.

Still, while prosecutors are not able to charge Joe Senser, there is nothing stopping police from arresting Amy Senser, booking her in the jail, taking a mug shot and taking her fingerprints. Granted, they would have to release her after 48 hours if charges cannot be filed -- but that happens frequently.

Some have also wondered whether the media is going soft on the Sensers. A recent Star Tribune opinion piece urged patience and less judgement -- even sympathy for Amy Senser, writing, "She gets to live, yes. But her life will never be the same."

That sentiment did not sit too well with the owner of True Thai, who wrote on her blog, "I do not think the local news media care about Ped's side of the story... That is OK. Joe Senser is a media guy, and you stand up for your own."

When FOX 9 News asked her to comment on this story, she declined, saying her attorney advised her not to.

The medical examiner's report will not impact the case alone, as the examiner's options for cause of death are limited to accident, homicide, suicide or natural death. At this point, accident best fits the circumstances as they are known.

Investigators had hoped to pick up some evidence with traffic camera footage, but the camera was not focused on the scene of the hit-and-run.