![]() ![]() In fact, the evidence shows that the trooper was not even jostled about in the car as a matter of law the automobile in this did not have such an intimate connection with the person of the trooper as to conclude that a battery had occurred.” See Williamson v. “The touching or striking in the present case was to the outer body of an automobile which Trooper Thomas was driving, with no direct impact upon or even injury to the trooper. However, Officer ******* was not in his vehicle and was approximately ten (10) feet away from his vehicle when the Defendant made contact with his vehicle for the second time. It is clear, based on the video, that both Officer ********** and the Defendant’s vehicle were moving when they made contact with each other. On August 19, 2015, the State Attorney filed a five (5) count information charging the Defendant with three counts (count one, two, and three) of Aggravated Battery on a Law Enforcement Officer using a Deadly Weapon, Fleeing to Elude Highspeed (count four), Resisting Officer Without Violence (count five), and Driving While License Canceled, Suspended or Revoked (count six).īased on the video and Officer ******** testimony at the deposition, he arrived on scene and “was still moving,” when his vehicle rammed the Defendant’s vehicle.A chase ensued and the Defendant escaped and was subsequently arrested later without incident.The Defendant was able to defeat the box-in placing his car into drive and then reverse going forward and backwards striking Officer *********, Officer ******** and Officer ********* patrol cars.Officer ********* vehicle made direct contact with the Defendant’s vehicles passenger side front bumper.Officer ********** vehicle made direct contact with Defendant’s vehicle from the rear.Officer *********** initiated direct contact with the Defendant’s vehicle with his vehicle by tapping the front bumper to execute the box-in.Officer ********** and Officer ********* arrived on scene shortly after and a box in maneuver was conducted on the Defendant’s vehicle.Two officers decided to execute a box-in maneuver, after determining the Defendant was a flight risk, and followed the Defendant’s vehicle parking several feet behind the Defendant’s vehicle while waiting for backup to arrive on scene.and pulled into the McDonalds located at 4818 Manhattan Avenue South and proceeded to place a drive through order. The Defendant turned North of Gandy Blvd.A random tag check of the Defendant’s vehicle revealed that the Defendant, who had been previously cited in this vehicle before, had an outstanding warrant for his arrest for Fleeing and Attempting to Elude.when they observed the Defendant driving a silver Toyota Corolla. On July 21, 2015, at approximately 3:30am two officers were conducting proactive patrol in the area of Gandy and Manhattan Blvd. ![]() 3.190(c)(4) grant his Motion to Dismiss counts one, two and three and alleges that the following are all of the material facts, and undisputed material facts do not give rise to a Prima Facia case of guilt against the Defendant: _ / Sample Motion TO Dismiss ON Aggravated Battery With Deadly Weapon CaseĬOMES NOW, the Defendant, *******************, by and through his undersigned attorney and hereby respectfully requests this Honorable Court pursuant to Fla. IN THE CIRCUIT COURT IN AND FOR **************** COUNTY, STATE OF FLORIDA
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