Motion to Dismiss
Based on significant inaccuracies on the written report, the defense moves to dismiss all charges against Ms. May at this time.
Specifically, the evidence submitted by the state in the attached report fails in multiple ways to meet the level of PC needed for these charges, and Ms. May has been inaccurately identified as a criminal based on an alleged failed BOLO into evidence. Rather than waste the court's time by proceeding into hearings, we move to dismiss the charges at this time.
The car photographed in “Scene 1: Car outside” is markedly different in make and model from the car documented in “Scenes 1 & 2 vehicle” as well as “Vehicle Overturned.” Even a non-car-expert can clearly identify that there is a large stripe on the vehicle documented on the second scene that is not present on the first, in addition to the holistically different model of car. The officer's claim that they were responding to a BOLO tagged to that vehicle is decidedly false and calls into question the reliability of the remainder of their testimony and report as provided.
While the defense recognizes the intense stress and duress that police officers face when responding to store robberies, a general awareness of vehicle types and paint jobs is not too much to ask before they antagonize an innocent civilian.
