Date: 06/03/2025
Judge Name: Erik Howlett @Erik Howlett , Nym Shaw @Magistrate Head Clerk Nym Shaw & Blake Moore @Magistrate HC Blake Moore
Clerk(s): Alyx Kennedy @Clerk Alyx Kennedy
DAO: N/A
Defendant: Liberty Bear
Investigation #: 6252
Charges:
- Theft of a Motor Vehicle
- Resisting
- Failure to Obey a Lawful Order
Findings + Reasoning:
The defense argues that the act of resisting and failure to obey a lawful order was one continuous action because Mr. Bear was told by officers to just "turn around". However, the overwhelming officer testimony provided was that the command to "turn around and put your hands up" was given to Mr. Bear. By not putting his hands up and also slipping out of cuffs, Mr. Bear will be found guilty on both of these charges. As for the Theft of the Motor Vehicle, Mr. Bear testified that he had permission to drive in the vehicle by a friend, but did not provide any additional information as to why he had permission to drive. While the officers may not have documented the vehicle appropriately, there was overwhelming officer testimony that the vehicle came up stolen when the registration was run. The State sufficiently argued that the vehicle was stolen, but Mr. Bear did not provide sufficient information that her had permission and therefore will also be guilty of Theft of a Motor Vehicle.
