Attorneys for ex-Minnesota trooper Shane Roper file motion to dismiss 8 of 9 charges – Post Bulletin

ROCHESTER. The defense for a fired Minnesota State Patrol trooper involved in a car crash that killed 18-year-old Olivia Flores has filed motions including dismissal of eight of nine charges, according to court documents filed Thursday, Oct. 24.

Shane Elroy Roper, 32, of Hayfield, is charged with one count of second-degree manslaughter, one count of vehicular homicide and three counts of aggravated vehicular operation, all felonies. He also faces two counts of gross misdemeanor criminal operation of a motor vehicle, one count of gross misdemeanor careless driving and one count of careless driving.

In the motion, defense attorneys Eric Nelson and Rebecca Duren argued that the first eight counts should be dismissed for lack of good cause. The state must present evidence “to demonstrate that the defendant’s actions or negligence caused the death or bodily injury,” the defense brief said.

“Here, the State has not met its burden of presenting direct evidence showing that the Defendant’s acts or negligence were the proximate cause of the death or bodily injury,” the document states.

The motion included other orders, including evidence admissible in court, background information on witnesses and a request for a change of venue.

The defense moved to exclude any evidence that Roper had a history of speeding or traffic accidents. They argued that the evidence is “improper propensity evidence,” or a type of character evidence that seeks to prove that a defendant has previously acted in a certain way.

Roper participated

four more incidents

to a fatal crash in Rochester and was suspended twice from the Minnesota State Patrol, the Post Bulletin previously reported.

Under Minnesota statute, evidence of another crime is not admissible to prove a person’s character “to perform acts consistent therewith.” However, the statute states that this evidence may be used to demonstrate “proof of motive, opportunity, intent, preparation, plan, knowledge, personality, or absence of mistake or accident.”

A third defense order requires the court to produce all disciplinary, employment and driving records of state law enforcement witnesses.

In the fourth order, Nelson argued that the Department of Public Safety must release training materials related to the training of Minnesota State Patrol vehicles.

The fifth order asks the court to strike the “redundancy” from the complaint and limit the statement of probable cause to “exclusively the alleged offenses” committed by Roper.

“Here, the state’s statement of probable cause contains a significant amount of descriptive information that goes beyond the relevant facts in this case and thus ‘colors’ the complaint in such a way that it is extremely prejudicial,” the filing states.

The defense also claims that information related to Roper’s firing from the State Patrol is “irrelevant.”

The final order contains a request for a change of venue or a change of venue due to publicity of the case. A change of venue would allow a trial to be held in a different county, while a change of venue would allow a trial to be held in the same county but with a jury from a different county.

“Due to extensive local and regional media coverage, the jury was undoubtedly tainted and a fair trial was impossible in Olmsted County,” the order said.

According to the criminal complaint, Roper quickly approached the intersection of Apache Drive Southwest, the area where the main entrances to the Apache Mall are located. The area tends to have “very heavy traffic … on a typical Saturday.”

When Roper’s car was 400 feet from the intersection, a surveillance camera showed a green light for eastbound traffic. A larger SUV, also traveling east, entered the left turn lane to exit onto Memorial Parkway Southwest, blocking the view of cars turning onto Apache Drive Southwest, the complaint said.

A Ford Focus with three passengers was in this turning lane and was trying to drive through the intersection.

“Due to Roper’s excessive speed (going 83 mph and full throttle 1.4 seconds before the collision), when the Ford Focus exited the intersection, Roper was unable to brake or maneuver his patrol car sufficiently to avoid the collision.” – the complaint states.

Roper’s patrol car struck the passenger side of the Ford Focus occupied by Flores while traveling at least 55 miles per hour. The impact caused both vehicles to flip onto the eastbound intersection and collide with a Toyota Rav4. There were two people in the Toyota.

Eyewitnesses told the law enforcement officers that the oncoming car was “flying”. Witnesses did not see or hear an accident or sirens.

According to the statement, the driver of the Ford Focus suffered a lacerated liver, a bruised kidney and numerous other minor injuries. The front passenger suffered a fractured pelvis, a lacerated kidney and other minor injuries. The Toyota Rav4 passengers suffered physical pain from the collision. A passenger was riding in the patrol car with Roper, who suffered bruised ribs and multiple fractures as a result of the accident.

Weeks after the incident, Roper confirmed to law enforcement that he was trying to “close the gap” between his patrol car and a vehicle suspected of violating traffic laws, the Post Bulletin previously reported. Roper said it was not an active pursuit and that he was not paying attention to his speed, according to the criminal complaint. He told police he believed his headlights were activated.

The complaint says Roper also drove 135 mph in a 55 mph zone on May 18 in response to a 911 call.

“En route to this call, he indicated to his passenger that medical attention would likely not be required and that driving in this manner was normal behavior for him,” the complaint states.