Motion for Summary Judgement:
Your honor there has been no proof provided that a store has been robbed, no documentation of the scene or transcribed or auditory documentation of any report of a store robbery or witness testimony, except for the testimony in the report. The mask in evidence is not testified to have been worn at all, and there is no proof that the mask had been worn by Mr. Alcaraz. The amount of cash on Mr. Alcaraz is relatively small, being only a little over $2600. Between $800 repairs, $750 meals, $150 gas, $2500 is not that large of an amount for any one person to have on them. If the encounter was in Grapeseed, Mr. Alcaraz would have to buy from the grocery store for food, and he might even have been buying hunting or gardening supplies, all these things are not cheap at all. The defense does not believe this provides evidence beyond a reasonable doubt that Mr. Alcaraz robbed a store.
Its also notable that Mr. Alcaraz encountered Wrangler on a bike. The chance that an individual who intended to flee and avoid a search wouldn't reasonably step off his bike before he sped away and evaded. According to Mr. Alcaraz, once he was knocked off his bike he threw his hands up. With no evidence or even specific testimony to the contrary the defense would reason that the charge of resisting does not fit, as Mr. Alcaraz only fled on his motor vehicle.
