00:00When this trooper testified that the suspect crashed into a patrol car and ran, the judge had to decide whether
00:05the chase and taser evidence were enough to keep the charges alive.
00:08Our helicopter, Trooper 3, was following a vehicle that had just fled from Detroit Police, which brought that car and
00:15ended up driving all the way out into Taylor.
00:16Once I activated my lights, I could hear the exhaust acceleration where it accelerated around my car and then onto
00:23the wrong side of the road.
00:25I crashed into the secondary trooper that was behind me. I observed a black male wearing a white shirt flee
00:30from the driver's side of the vehicle.
00:32And how close were you when you seen that individual?
00:3430-40 VOA. I told him to stop or I was going to...
00:37Were you able to catch up to him?
00:39Yes, I was.
00:39And what, if anything, happened when you caught him?
00:41When I caught up to him, I deployed my taser. I only got one probe into his back and then
00:46he fell to the ground.
00:47You did not see my client commit a traffic infraction in Detroit, right?
00:52Correct.
00:53You don't know what happened in Detroit.
00:55Correct.
00:55All you know is that there was a helicopter chopper that was surveilling my client, correct?
01:00Yes.
01:01All right. And that chopper gave a general description of a car, correct?
01:05Yes.
01:06This was at nighttime. It was dark.
01:07You were on Kenyon Street. Are there any streetlights on Kenyon Street?
01:10Not that I remember.
01:11Not a well-lipped street, correct?
01:13I'm sorry to say that.
01:13It's not a well-lipped street, correct?
01:14I don't think so.
01:15He didn't show that my client knew that this car was after him.
01:18While he showed that here was a car that was coming towards him, Your Honor, it is a natural
01:24reflect to get out the way when someone is driving a car towards you. And that's all
01:28that we have here, Your Honor. My client was on the ground. He was placing him in handcuffs.
01:32There's nothing that showed that he resisted.
01:34It takes a taser to ultimately apprehend him. Both pursue him and apprehend him and put cuffs
01:39on him. So, Judge, we believe we met a verdict. We move for Bible.
01:41All right. Anyone who lives in this country knows what police lights look like. The officer
01:47testified he heard the vehicle accelerating. He gave lawful commands, including the command
01:53that he was going to use his taser if Mr. Conley did not stop the foot chase. And ultimately,
01:58the officer testified that he had to execute that taser to get compliance from Mr. Conley.
02:05So, given all of that, I do find it a probable cause standard on count one and count two that
02:10the defendant will affect their burden and the defendant will be found over as charged.
02:16As to the other officer, the other officers not necessarily needed for a preliminary exam
02:21to get a bind over on those charges. But there has to be evidence that comes in that's admissible
02:26without basis or an establishment being set for an excited utterance or some other present sense
02:34impression or some other hearsay exception that would allow that statement to come in. The people
02:40did not satisfy that burden with respect to the lawful commands. They're to listen to the evidence
02:46and make a decision based on that. So, there will be no additional counts, but the defendant will be
02:52bound over to the Wayne County Circuit Court for all future proceedings.
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