Case No 14-XXXXXXCF10A
Charge: Aggravated Assault on a Law Enforcement Officer–3 year minimum sentence up to a maximum of 30 year as the defendant was deemed to be a habitual offender.
Facts: It was alleged that the police saw the defendant driving a motorcycle without a tag. The police officer pulled his vehicle in front of traffic and gout out of his car. The defendant was sitting in between two other cars in a bottleneck. The officer was 10-15 feet away with his hand on his taser yelling for the defendant to get off the motorcycle.
The officer alleged that the defendant then revved the engine of the motorcycle and launched it at the officer. The officer testified that he had to jump out of the way to avoid being hit. The motorcycle then hit a car and the defendant ran. The officer then alleged that the defendant confessed to the crime.
During cross examination, Mr. Sobel was able to show numerous inconsistencies in the officers testimony from the physical evidence. Mr. Sobel went through each detail in meticulous fashion for the jury. Mr. Sobel showed that the physical evidence did not match the testimony of the officer.
The jury returned a verdict of not guilty to the aggravated assault on a law enforcement officer, resisting arrest and leaving the scene of the accident. The verdict shows that the jury rejected the testimony of the officer, including a confession.