San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"
ISSUANCE OF VERDICT
IN THE SUPERIOR COURT OF SAN ANDREAS
The State of San Andreas v. Cale Makar
#25-BT-0137
A decision was reached in the above case on the 13th day of March, 2026.
Facts
- During an operation, a Sheriff’s Department deputy operating an unmarked unit observed a vehicle being driven on railroad tracks and off-road
- The unmarked unit asked a marked unit to conduct a traffic stop on the defendant's vehicle.
- The vehicle, a Kamacho, was stopped, and the driver, Mr. Makar, was arrested for VM03 - Reckless Operation of a Road or Marine Vehicle.
- Following the arrest, deputies searched Mr. Makar and the vehicle and found illegal items, leading to additional charges.
Arguments From Either Side
The prosecution argues that the defendant was driving on railroad tracks, which may cause harm to the vehicle or the tracks, and that there is no way to drive on them without the intent to harm the tracks, trains, or themselves. They argue that driving off-road would have additionally caused harm to themselves and others in the area. They argue this is to the extent of a Reckless Operation, showing intent to disregard property and life.
The defense argues that the defendant did drive improperly, which could have easily been covered by citations and/or lesser charges. They believe this was a charge used solely to make an arrest and search the defendant, rather than properly charging him with the vehicular offense actually committed.
Verdict
First, noting the arguments made in the case file concerning the defendant’s prior pleas and classification as a felon for charging purposes:
- The defendant’s prior pleas of not guilty constitute an exercise of rights afforded to them, and any such pleas will not be considered adversely.
- The defendant’s classification as a felon for the body armor charge, although lawful, does not influence the Court’s decision in this matter.
Turning to the VM03 Reckless Operation charge, as its consequences led to the subsequent search and other contested charges, the Court recognizes that precedent affords deference to an officer’s discretion in assessing intentional disregard for the safety of life and property.
The defendant did indeed drive on train tracks and off-road and exhibited negligent driving behavior. The court also finds that driving on a railroad track could very well have caused them harm, but not to a level sufficiently documented to place them above other off-road areas.
Applying a reasonable person standard, the Court finds that there are no active rail operations within the state. Additionally, it is noted that there is no state statute or action forbidding such actions specifically on railroad tracks.
The defendant, who was only noted as driving a known off-road vehicle, was never documented to intentionally cause any harm or damage on railroad or off-road areas over other surfaces in this state. Without speed, time, damage, or further details, it can only be conjectured about many aspects of the driving. Therefore, the defendant’s sole operation of an off-road vehicle upon railroad tracks, without anything more or further detail, does not meet the elements of VM03.
Having found so, the Court turns to the legality of the search incident and the resulting charges. The Court defers to the Court of Appeals case #25-AP-0001, which permits additional charges to remain following searches conducted in "good faith." The Court finds in this instance that the statute was inapplicable in these circumstances for a reasonable fact finder and concludes that the evidence obtained constitutes fruit of the poisonous tree.
It is with the above considerations that I issue the following verdict:
- On the count of VM03 - Reckless Operation of a Road or Marine Vehicle, I find the defendant, Cale Makar, not guilty.
- On the count of WM05 - Possession of Body Armor as a Felon, I find the defendant, Cale Makar, not guilty.
- On the count of DM04 - Possession of a Controlled Substance while Armed, I find the defendant, Cale Makar, not guilty.
- On the count of WM03 - Criminal Use of Weapon Modifications, I find the defendant, Cale Makar, not guilty.
- On the count of WF03 - Possession of a Class 2 Firearm, I find the defendant, Cale Makar, not guilty.
The defendant has made their way to City Hall to have the change to their record noted as well as the payment of $58,000 returned to them for fines, time, and other expenses/inconveniences incurred from the contested charges.
So Ordered,
Magistrate Judge
San Andreas Judicial Branch
298-3863 -
[email protected]
