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State v. Wilson6/16/2005
I. Background
At the time of the offenses, Officer Billy Moyer with the Springfield Police Department knew that a warrant for Defendant's arrest was outstanding. He had information that Defendant was staying in a trailer park on Childress Street. Around midnight on July 1, 2002, Officer Moyer spotted a vehicle matching the description of Defendant's car parked in front of one of the trailers in the trailer park. A man was sitting on the hood of the car. Officer Moyer approached the man on foot. There were approximately twenty-five to thirty people outside that evening, and one of the bystanders yelled, "Police." The man jumped into his red car and drove off before Officer Moyer could positively identify him as Defendant. Officer Moyer radioed for assistance and drove in the opposite direction of the red car. He intercepted the car on Central Avenue, identified Defendant as the driver, and activated his emergency equipment. Officer Joe MacLeod caught up with Officer Moyer's and Defendant's vehicles at this point.
At trial, Officers Moyer and MacLeod described the ensuing chase as follows. After Officer Moyer turned on his blue lights, Defendant turned onto Childress Street at a high rate of speed, ran a stop sign, and drove back to the trailer park. Defendant drove over a curb and into a crowd of people who had gathered in response to the police sirens. Defendant drove in between two trailers, jumped out of the moving vehicle, and fled on foot. Officer Moyer left his patrol car and pursued Defendant on foot. He eventually drew close enough to Defendant to tackle him, but Defendant eluded his grip.
Officer MacLeod, accompanied by a police dog on a leash, caught up with Officer Moyer and Defendant. Officer MacLeod told Defendant three times to get on the ground because he was under arrest. Defendant turned to run, and Officer MacLeod released the dog's leash. The dog bit Defendant on the arm, and Defendant fell down. About seventy-five people had gathered by this time. Someone in the crowd ran over and hit the dog with a trash can. The dog released Defendant's arm, and Defendant ran back into the trailer park toward the parking spaces in front of lots four and five.
Two cars were parked in front of the trailers, one of which was a black Pontiac Grand Am. Redrickous Burr was sitting in the car listening to music. Officer Moyer said that Defendant entered the Pontiac from the passenger side, while Officer MacLeod said that Defendant entered through the driver's side. Officer MacLeod said that Mr. Burr's eyes "were wide open," and he was "frantic" and "scared." Mr. Burr said, "get him out of my car, Joe Mack."
Defendant squeezed into the driver's seat underneath Mr. Burr and pushed Mr. Burr toward the driver's side door which was open. Officer MacLeod approached the Pontiac and unleashed the police dog again. The police dog bit Defendant on the arm. Officer Moyer was standing by the Pontiac's front bumper. Defendant started the Pontiac and began to drive off with both the driver's side door and the passenger door open. The Pontiac pinned Officer Moyer against the car parked in the next space, and the passenger door brushed against him as Defendant pulled out of the parking space. The police dog was still holding on to Defendant's arm when the car began to move. Officer Moyer drew his gun but did not shoot because Mr. Burr was on top of Defendant. Mr. Burr crawled out of the car from the passenger side. Officer Moyer yelled a command to the dog to release its hold, and the dog fell away from the Pontiac.
Officers Moyer and MacLeod returned to their patrol cars and pursued Defendant down Richard Street and then Elmwood Street where Defe
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