#22-CM-0050, State of San Andreas v. Harley Pavlovich

Harley Pavlovich
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#22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Harley Pavlovich »

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Defendant Name: Harley Pavlovich
Defendant Phone: 4714790
Defendant Address: N/A
(( Defendant Discord: )) Harley#0600
Requested Attorney: N/A if none N/A
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Charging Department: Los Santos Sheriffs Department
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Time & Date of Incident(s): 18/JUL - 23:55
Charge(s): Reckless Operation & Illegal Firearm
Narrative:

I was speeding along the highway at Paleto going speeds of 198, as stated by a Deputy on scene of the arrest. I continued to drive down the highway at the same speed until I got to Los Santos, where eventually I collided with a Sheriff's Cruiser and was put under gunpoint by a Deputy. I raised my hands, another Deputy showed up and aimed another lethal firearm at me, I then dropped to my knees.

I told the deputies they've got the wrong guy, and they were arresting the wrong person, however they claimed "You were evading from us". I told them I never once heard or saw sirens behind me while I was driving, which is when a deputy claimed that the only deputy that was able to keep their eyes on me was a helicopter.

Because of this, the deputies dropped the Evading charge, and moved on to try to charge me with Reckless Operation instead. Once I asked why, the deputies claimed I was speeding on the highway, however the initiating unit confirmed they caught me 198 on a highway, which if I recall my drivers test correctly, is not applicable to the Reckless charge.

Using this bogus charge, the deputies then unlocked my Paragon and illegally searched it, finding a firearm in the storage compartment. I informed the deputies on scene that the evidence they had just found in the vehicle is illegally obtained by an illegal search of my vehicle, however they didn't want to entertain that conversation.

The deputies put on a bogus Reckless Operation charge on me as an excuse to then move to search my vehicle and obtain further evidence against me. As the initiating deputy on scene claimed, I was caught at speeds of 198, which is not a Reckless. However another deputy "Badge Number: 21631" decided to place the reckless charge anyway, in order to then move to search my vehicle, finding a firearm inside, which would be considered illegally obtained evidence once the Reckless Charge is found to be invalid. Badge Number: 21147 was responsible for the illegal firearms charge, as he was the one who decided to search my vehicle and be adamant on placing the charge even after being informed that the evidence was illegally obtained.

I, Harley Pavlovich, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))
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Roderick Marchisio
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Re: State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Re: State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • To whom it may concern,

    The purpose of this notice is to inform you that as of this moment I, Roderick Marchisio, will be representing the State of San Andreas in all the proceedings pertaining to the underlying case.

    I will take it upon myself to reach out to the involved parties to collect and review all evidence in relation to the underlying case to ensure a proper and smooth continuation of this process.

Respectfully,


Prosecuting Attorney
San Andreas Judicial Branch
(909) 372-7719 — [email protected]
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch

Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • To whom it may concern,

    I will be activating this case under docket #22-CM-0050.

    Before ordering discovery on this case I ask Executive Defense Attorney Dakota Macaw to find proper representation for Ms. Pavlovich. Once her defense is know to the court I will proceed with this case. Thank you.

    Respectfully,

    Chief Justice
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Aleksandar Pulaski »

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  • To Whom it May Concern,

    I, Prosecuting Attorney Alex Butanovich, am joining this case as a counsel for the state of San Andreas. I am already familiarized with the case and ready to proceed upon court's discretion.

    Respectfully,
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    General Attorney Alex Butanovich
    Prosecuting Division
    San Andreas Judicial Branch
    (909) 304-9773 — [email protected]
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General Attorney Aleksandar Pulaski
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Cyrus Raven »

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San Andreas Judicial Branch

Re: State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • Honourable Colt Daniels,

    I, Public Defense Attorney Cyrus Raven, will be representing the defendant, Harley Pavlovich, in this case. I have made myself aware of the contents of this case and have made contact with the defendant. I am ready to proceed at the court's discretion.

    Respectfully,



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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch

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#22-CM-0050
Presiding Judge: Colt Daniels

ORDER FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Harley Pavlovich
#22-CM-0050

A court order was entered in the above case on the 14th of August, 2022.


The case of the State of San Andreas v. Harley Pavlovich, #22-CM-0050 is hereby opened and acknowledged by the Court.

The prosecution is hereby ordered to provide all evidence collected from the arresting Law Enforcement Agency and submit it to the Court via Motion for Discovery within seven days. If additional time is needed, the prosecution can file a Motion for Continuance.

Once the evidence has been submitted to the official docket the defense can begin filing motions.




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San Andreas Judicial Branch
(909) 402-9713 — [email protected]


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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

Motion for Discovery
San Andreas Judicial Branch
Motion for Discovery

Honorable Daniels,

  • We the Prosecution in the case below are presenting our discovery to the court.
    State of San Andreas v. Harley Pavlovich
    Assigned Court Case Number: 22-CM-0050
    Requesting Party: N/A
    Party Members: Roderick Marchisio
    Exhibit #1: Arrest Report Harley Pavlovich
    Type of Discovery: Physical Evidence
    Spoiler
    All Information from the Discovery The arrest report of the Defendant gives insight into the incident.
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      ARREST REPORT
      MUGSHOT
      SUSPECT 1 DETAILS
      • Full Name: Harley Pavlovich
        Telephone Number: 4714790
        Licenses Revoked: No
        Charges:
        • VM03 - Reckless Operation of a Road or Marine Vehicle
        • WF03 - Possession of Illegal Firearms/Weapons
        How did the suspect plea to the above charges?
        Suspect pleaded not guilty to all charges.
        Additional Details (Suspect's vehicle, etc.) :
        Black Paragon LP: TRPQUEEN RO: Harley Pavlovich
      VEHICLES INVOLVED
      • Vehicle A: Black Paragon LP: TRPQUEEN RO: Harley Pavlovich
      DEPUTY DETAILS
      • Full Name: Timothee Olsen
        Badge Number: 21147
        Callsign: 3-W-32
      INCIDENT DETAILS
      • Date of Arrest: 2022-07-18
        Deputies Involved: Sheriff Kirk, Assistant Sheriff McCornish, Commander Balakay, Captain Carlile, Sergant Derringer, Investigator I Black, Deputy Sheriff III Fontana and Trainee Pines

        Provide details of the incident leading up to the arrest
        • At roughly 11:30 PM on 7/18/2022, Deputy Fontana witnessed a black paragon speed by him at 196 MPH near Bayview. Deputy Fontana immediately attempted to initiate a 10-55 on the suspect but the vehicle evaded the traffic stop. As Deputy Fontana could not get close, a pursuit was called in TAC-1. Upon units arriving in the TAC, the paragon continued southbound on Great Ocean Freeway. Alpha eventually got overhead the Paragon and maintained VC on the suspect.

          The pursuit continued southbound on Great Ocean Freeway and alpha maintained VC on the suspect. The vehicle was observed by alpha numerous times as driving in the incorrect lane of travel and even drove up onto the grass on Bay City Incline. As such a result of Ms. Pavlovich's driving she eventually TC'd on Alta street and units got behind her within 10 seconds to pull her out of the vehicle.

          As units got her Mirandized and searched, we decided to go against the evading an officer charge as no units had gotten directly behind her to know she was evading. However, we stuck with the reckless operation charge as she was observed by alpha as driving on medians and in the incorrect lane. As such, we searched her vehicle and found an illegal .50 in the glove box of the vehicle. The serial number came back to an illegal firearm and as such she was charged with the illegal firearm charge.

          Ms. Pavlovich went from compliant to increasingly belligerent when we searched her car and she maintained that at no point did she operate her vehicle in a reckless manner and therefore we did not have probable cause to search her vehicle. She maintained her innocence all the way to DOC where Trainee Pines transported her. She was handed off to DOC there.
    ARRESTING DEPUTY SIGNATURE
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  • Exhibit #2: Helicopter Incident Footage
    Type of Discovery: Physical Evidence
    Spoiler
    All Information from the Discovery This footage clearly shows the incident from the moment the Los Santos County Sheriff Department's helicopter had eyes on the vehicle until the moment the Defendant crashed into a police cruiser.
    Exhibit #3: .50 pistol
    Type of Discovery: Physical Evidence
    Spoiler
    All Information from the Discovery This .50 pistol was found on the Defendant and, after investigating, was found to be an illegal firearm.
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    Exhibit #4: Witness Statement Harvey Sutherland
    Type of Discovery: Witness Statement
    Spoiler
    All Information from the Discovery The statement of Deputy Sheriff III Sutherland provides further insight into the underlying case.
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      San Andreas Judicial Branch
      Official Witness Statement
      "HERE FOR YOU | SAFE FOR YOU"
      Case Information
      • Case Number: 22-CM-0050
        Incident Date: 18th of July, 2022
      Witness Information
      • Name: Harvey Sutherland
        Date of Birth: 22/July/1990
        Phone Number: 202-8499
        Occupation: Sheriff's Deputy
      Witness Statement
      • Greetings,
        I believe I still remember the events that led to us arresting Harley Pavlovich. At the time, I was flying Alpha when a unit called on the radio that a vehicle is evading from them heading southbound on Great Ocean Hwy. I was hovering above Zancudo tunnel and managed to gain VC as the vehicle passed by. I kept following the vehicle and giving callouts, while units were trying to get lights and sirens behind it. As shown in the bodycam footage, the vehicle was driving recklessly, especially when they merged on Bay City Incline and drove eastbound afterward, they were clearly speeding. I was flying Alpha and doing 220-230 just to keep up with them, not only that, but the vehicle can be seen driving on the sidewalks and on the opposite lane, and generally posing threat to the public, hence why we charged her with Reckless Operation. I'm pretty sure driving 80+ over the speed limit is also considered "Reckless Operation".
      Witness Affirmation
      • I, Harvey Sutherland, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

        Signed,

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        Harvey Sutherland
        Deputy Sheriff III
        Los Santos County Sheriff's Department

        Date: 14/Aug/2022
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    Sincerely,


    Prosecuting Attorney
    San Andreas Judicial Branch
    (909) 372-7719 — [email protected]
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Roderick Marchisio
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

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Last edited by Roderick Marchisio on Sat Aug 20, 2022 9:04 pm, edited 1 time in total.
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

Motion to Amend Charges
San Andreas Judicial Branch
Motion to Amend Charges

Honorable Daniels,

  • We the prosecution in the case are requesting an amendment of the charges.
    State of San Andreas v. Harley Pavlovich
    Assigned Court Case Number: #22-CM-0050
    Requesting Party: Prosecution
    Party Members: Roderick Marchisio
    Original Charges:
    • VM03 - Reckless Operation of a Road or Marine Vehicle
    • WF03 - Possession of Illegal Firearms/Weapons
    Amended Charges:
    • VM03 - Reckless Operation of a Road or Marine Vehicle
    • WF03 - Possession of Illegal Firearms/Weapons
    • VF04 - Felony Public Endangerment
    • WF01 - Assault with a Deadly Weapon of a Government Employee
    • GM08 - Vandalism of Government Property

    Detailed explanation:

    The Prosecution notes that, as shown in Evidence Exhibit #2 as presented previously to the court, the Defendant caused direct danger to the general public. As the footage clearly shows, the Defendant was operating the motor vehicle at speeds over 220 kilometres per hour through various crowded places in the city of Los Santos.

    Dissecting the presented footage chronologically, we would like to state the following events:
    • 00:03 - The Defendant crosses into the incorrect lane of travel at a speed of a minimum of 210 km/h
    • 00:10 - The Defendant cuts off the lane of travel and onto the sidewalk in one of the, if not the most, crowded and populated area of Los Santos at a speed of a minimum of 130 km/h potentially causing bodily harm to multiple civilians
    • 00:12 - The Defendant crosses into the incorrect lane of travel at a speed of a minimum of 140 km/h
    • 00:20 - The Defendant speeds up to a minimum of 230 km/h in a crowded and busy city area
    • 00:28 - The Defendant crosses into the incorrect lane of travel at a speed of a minimum of 230 km/h
    • 00:41 - The Defendant crosses into the incorrect lane of travel at a speed of a minimum of 120 km/h
    • 00:50 - The Defendant crosses into the incorrect lane of travel at a speed of a minimum of 140 km/h
    • 00:58 - The Defendant crosses into the incorrect lane of travel at a speed of a minimum of 120 km/h, driving at high enough speeds to not be able to avoid a police cruiser with activated lights and sirens.
    In the case of #22-CM-0014, State of San Andreas v. Naomi Mizuno, the Superior Court of the State of San Andreas has ruled that for the charge VF04 - Felony Public Endangerment to be applicable the Defendant must place the public in acute danger. The fact that the Defendant crashed into a police cruiser instead of a civilian does not take anything away from the fact that the Defendant willingly accepted the risk of causing acute danger to the general public by driving in the way as shown in the evidence. We believe that the aforementioned actions have clearly placed the general public in acute danger through the unsafe use of a motor vehicle and as such, should result in the applicability of the charge VF04 - Felony Public Endangerment.

    Further, following the above, it is clear the Defendant willingly accepted the risk of causing a crash and damages with her vehicle. The crash ended by the Defendant running into a police cruiser at speeds high enough that a distance of about fifty metres was not enough for the Defendant to avoid this crash. There is conditional intent if the suspect consciously accepts the significant chance of the consequence. We believe that the willingness of the Defendant to drive at these speeds, in which any reasonable thinking person understands the probability of a crash with the aforementioned motor vehicle, should result in the applicability of the charge WF01 - Assault with a Deadly Weapon of a Government Employee.

    Lastly, the Prosecution notes that in the evidence as provided to the court, it becomes clear that the Defendant maliciously brought damages to property that did not belong to her, but the State of San Andreas. Therefore, this should result in the applicability of the charge GM08 - Vandalism of Government Property.

Sincerely,


Prosecuting Attorney
San Andreas Judicial Branch
(909) 372-7719 — [email protected]
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Cyrus Raven »

Motion to Compel Discovery
San Andreas Judicial Branch
Motion to Compel Discovery

Honorable Colt Daniels,

  • We the Defense in the case below are requesting the disclosure of the following material by opposing counsel, please find a detailed reason as to our request below.
    State of San Andreas v. Harley Pavlovich
    Assigned Court Case Number: #22-CM-0050
    Requesting Party: Cyrus Raven
    Party Members: Cyrus Raven (Attorney), Harley Pavlovich (Defendant)
    Discovery from: Los Santos Sheriff's Department

    Type of Discovery:
    • Evidence Locker Logs for the .50 Pistol
    Detailed reasoning:
    • The defense is requesting these evidence locker logs to confirm that chain of custody has been maintained.


    Type of Discovery:
    • Witness Statements
    Detailed reasoning:
    • The defense is requesting witness statements from the following involved Los Santos Sheriff's Department members:
      • Sheriff Bobby Kirk
      • Assistant Sheriff Jon McCornish
      • Commander Tyrone Balakay
      • Captain Noah Carlile
      • Sergeant Cliff Derringer
      • Investigator I Timothee Olsen
      • Investigator I Oscar Black
      • Deputy Sheriff III Deputy Sheriff III Fontana
      • Deputy Sheriff I Zachery Pines
      These individuals were listed on the arrest report and as such their testimony is crucial in getting a full picture of the situation leading to the arrest of the defendant.


    Type of Discovery:
    • Bodycam/Dashcam
    Detailed reasoning:
    • The defense is requesting bodycam/dashcam footage from the following involved Los Santos Sheriff's Department members:
      • Sheriff Bobby Kirk
      • Assistant Sheriff Jon McCornish
      • Commander Tyrone Balakay
      • Captain Noah Carlile
      • Sergeant Cliff Derringer
      • Investigator I Timothee Olsen
      • Investigator I Oscar Black
      • Deputy Sheriff III Deputy Sheriff III Fontana
      • Deputy Sheriff I Zachery Pines
      These individuals were listed on the arrest report and as such their bodycam/dashcam footage is crucial in getting a full picture of the situation leading to the arrest of the defendant.


    Type of Discovery:
    • Arrest Report Date
    Detailed reasoning:
    • The defense is requesting the date be provided on which the arrest report was submitted by the Los Santos Sheriff's Department

Sincerely,

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Cyrus Raven
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Cyrus Raven »

Motion to Suppress
San Andreas Judicial Branch
Motion to Suppress

Honorable Colt Daniels,

  • We the Defense in the case below are requesting that certain evidence be inadmissible in court.
    State of San Andreas v. Harley Pavlovich
    Assigned Court Case Number: #22-CM-0050
    Requesting Party: Cyrus Raven
    Party Members: Cyrus Raven (Attorney), Harley Pavlovich (Defendant)
    Requested Evidence to Suppress: Exhibit #1 - Arrest Report
    Detailed explanation:

    The Defense is requesting that the highlighted sections of the arrest report be stricken due to hearsay.
    Exhibit #1 - Arrest Report
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    ARREST REPORT
    MUGSHOT
    SUSPECT 1 DETAILS
    • Full Name: Harley Pavlovich
      Telephone Number: 4714790
      Licenses Revoked: No
      Charges:
      • VM03 - Reckless Operation of a Road or Marine Vehicle
      • WF03 - Possession of Illegal Firearms/Weapons
      How did the suspect plea to the above charges?
      Suspect pleaded not guilty to all charges.
      Additional Details (Suspect's vehicle, etc.) :
      Black Paragon LP: TRPQUEEN RO: Harley Pavlovich
    VEHICLES INVOLVED
    • Vehicle A: Black Paragon LP: TRPQUEEN RO: Harley Pavlovich
    DEPUTY DETAILS
    • Full Name: Timothee Olsen
      Badge Number: 21147
      Callsign: 3-W-32
    INCIDENT DETAILS
    • Date of Arrest: 2022-07-18
      Deputies Involved: Sheriff Kirk, Assistant Sheriff McCornish, Commander Balakay, Captain Carlile, Sergant Derringer, Investigator I Black, Deputy Sheriff III Fontana and Trainee Pines

      Provide details of the incident leading up to the arrest
      • At roughly 11:30 PM on 7/18/2022, Deputy Fontana witnessed a black paragon speed by him at 196 MPH near Bayview. Deputy Fontana immediately attempted to initiate a 10-55 on the suspect but the vehicle evaded the traffic stop. As Deputy Fontana could not get close, a pursuit was called in TAC-1. Upon units arriving in the TAC, the paragon continued southbound on Great Ocean Freeway. Alpha eventually got overhead the Paragon and maintained VC on the suspect.

        The pursuit continued southbound on Great Ocean Freeway and alpha maintained VC on the suspect. The vehicle was observed by alpha numerous times as driving in the incorrect lane of travel and even drove up onto the grass on Bay City Incline. As such a result of Ms. Pavlovich's driving she eventually TC'd on Alta street and units got behind her within 10 seconds to pull her out of the vehicle.

        As units got her Mirandized and searched, we decided to go against the evading an officer charge as no units had gotten directly behind her to know she was evading. However, we stuck with the reckless operation charge as she was observed by alpha as driving on medians and in the incorrect lane. As such, we searched her vehicle and found an illegal .50 in the glove box of the vehicle. The serial number came back to an illegal firearm and as such she was charged with the illegal firearm charge.

        Ms. Pavlovich went from compliant to increasingly belligerent when we searched her car and she maintained that at no point did she operate her vehicle in a reckless manner and therefore we did not have probable cause to search her vehicle. She maintained her innocence all the way to DOC where Trainee Pines transported her. She was handed off to DOC there.

        ARRESTING DEPUTY SIGNATURE
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    Requested Evidence to Suppress: Exhibit #3: .50 pistol
    Detailed explanation:

    No foundation has been given to support the statement that a .50 pistol was found on the defendant. There is currently a motion to compel discovery for body-cam and witness statements from involved Officers, as well as evidence locker logs for the .50 pistol. However, until these are provided, we request that the pistol allegedly found be inadmissible until the prosecution is able to establish a foundation

  • Requested Evidence to Suppress: Exhibit #4 - Witness Statement Harvey Sutherland
    Detailed explanation:

    The defense is requesting the highlighted portions of Exhibit #4 be stricken due to relevance/best evidence rule as there is already body-cam footage that can be used by the court and lack of foundation as the speed of the vehicle hasn't been established.
    Exhibit #4 - Witness Statement Harvey Sutherland
    All Information from the Discovery The statement of Deputy Sheriff III Sutherland provides further insight into the underlying case.
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      San Andreas Judicial Branch
      Official Witness Statement
      "HERE FOR YOU | SAFE FOR YOU"
      Case Information
      • Case Number: 22-CM-0050
        Incident Date: 18th of July, 2022
      Witness Information
      • Name: Harvey Sutherland
        Date of Birth: 22/July/1990
        Phone Number: 202-8499
        Occupation: Sheriff's Deputy
      Witness Statement
      • Greetings,
        I believe I still remember the events that led to us arresting Harley Pavlovich. At the time, I was flying Alpha when a unit called on the radio that a vehicle is evading from them heading southbound on Great Ocean Hwy. I was hovering above Zancudo tunnel and managed to gain VC as the vehicle passed by. I kept following the vehicle and giving callouts, while units were trying to get lights and sirens behind it. As shown in the bodycam footage, the vehicle was driving recklessly, especially when they merged on Bay City Incline and drove eastbound afterward, they were clearly speeding. I was flying Alpha and doing 220-230 just to keep up with them, not only that, but the vehicle can be seen driving on the sidewalks and on the opposite lane, and generally posing threat to the public, hence why we charged her with Reckless Operation.I'm pretty sure driving 80+ over the speed limit is also considered "Reckless Operation".
      Witness Affirmation
      • I, Harvey Sutherland, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

        Signed,

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        Harvey Sutherland
        Deputy Sheriff III
        Los Santos County Sheriff's Department

        Date: 14/Aug/2022
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Sincerely,

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Cyrus Raven
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • Honorable Daniels,

    In light of the recently posted Motion to Compel Discovery as presented by the Defense, the Prosecution invokes the principle of proportionality in this regard.

    Firstly, referring to the evidence locker logs for the .50 pistol, the Prosecution is unsure as to the relevance of this piece of discovery. As can be derived from both the Defendants' narrative as well as the presented evidence, the illegal firearm was found in the vehicle of the Defendant. In the eyes of the Prosecution, this is not even the present legal question in this case. Additionally, as far as the Prosecution is concerned, in the State of San Andreas a Defendant cannot derive any rights from internal policies of another agency.

    Further, with the already presented evidence in mind, the Prosecution doubts the usefulness of the motion to compel discovery as presented by the Defense. It is the opinion of the Prosecution that the currently available discoveries as previously presented to the court already provide a clear image of the situation at hand. The question arises whether in the underlying case the request for nine(!) additional witness statements and bodycam requests is proportional given that the situation in the underlying case is already clearly able to be viewed in evidence exhibit #2, in which the Prosecution notes that not once the helicopter lost visual sight of the motor vehicle of the Defendant.

    Summarized, we the Prosecution feel that this Motion to Compel Discovery is disproportionate given the facts and circumstances of the underlying case. Additionally, we are concerned about what precedent allowing this Motion to Compel Discovery would set for future cases.

Respectfully,


Prosecuting Attorney
San Andreas Judicial Branch
(909) 372-7719 — [email protected]
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • Honorable Daniels,

    In light of the recently posted Motion to Suppress as presented by the Defense, the Prosecution would like to point out the following.

    Firstly, referring to the arrest report, the Prosecution notes that the arrest report is a police record of nonadversarial/routine matters, as these reports are a mandatory task for Law Enforcement Officers when performing an arrest. This includes, but is not limited to, the behaviour of the Defendant during the arrest procedure itself, which also includes the transport to DOC.

    Secondly, referring to the illegal firearm, as can be derived from both the Defendants' narrative as well as the presented evidence in exhibits 1 and 3, the illegal firearm was found in the vehicle of the Defendant. The Prosecution considers the aforementioned to be proper justification for the applicability of the WF03 - Possession of Illegal Firearms/Weapons charge.

    Lastly, referring to the witness statement, the Prosecution contests the Motion to Suppress on both grounds as presented by the Defense. In relation to the "relevance/best evidence" argument, the Prosecution notes that the witness statement of Deputy Sheriff Sutherland is his statement on how he witnessed the events in the underlying case, as any other witness statement. It is their main purpose and should remain as such. In relation to the "lack of foundation" argument, the Prosecution notes that the speed with which the helicopter was flying is available in the evidence as presented previously to the court. Application of logic and physics learns, that if one moving object is moving at a certain speed but is not gaining nor losing any distance to the other moving object, the two moving objects would be moving at near identical speeds.

    Summarized, we the Prosecution feel that this Motion to Suppress should be denied on all fronts based on the aforementioned in combination with the evidence as already provided to the court.

Respectfully,


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San Andreas Judicial Branch
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
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  • Counselors,

    In regards to the two motions filed by the defense that are being contested by the prosecution, I would like to schedule a hearing. At this hearing we will discuss all evidence submitted up until the point and I will hear all the motions filed that are being disputed. Please use this scheduling tool to file your availability, once completed I will announce when the hearing will be taking place.

    Respectfully,

    Chief Justice
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
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  • Counselors,

    With the short window provided in the scheduling tool I will be setting the hearing date for 25 August, at 8:00PM ((UTC)). Please be present for the hearing no later than 7:45PM.

    Respectfully,

    Chief Justice
    San Andreas Judicial Branch
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
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  • Superior Court,

    As discussed at the hearing the following has been decided:

    Exhibit #1 will be admitted into evidence and admissible at trial, the motion to suppress the majority of the last paragraph was denied due to the exception to hearsay stating "Official records by public employees are writing made by a public employee as a record of an act or event. The writing must be made within the scope of duty of a public employee." It was decided that the arrest report is a record of an event and as they are a requirement it was made within the scope of the arresting officers duty.

    There was no dispute on Exhibit #2 therefore it has been entered into evidence and admissible pending trial.

    Exhibit #3 was requested to be suppressed however was denied pending the arresting officer was able to give a witness statement making the court aware of the findings of the firearm in this case. The prosecution will be given a 7 day window to provide this evidence with the allowance of a continuance should the appropriate motion be filed.

    Exhibit #4 was requesting a specific portion of the statement to be suppressed, this was was partially granted allowing the words "they were clearly speeding." to be inadmissible as it is considered speculation due to no actually speed being confirmed by a radar instrument.

    Additionally a Motion to Amend Charges was filed in this case. The courts granted the motion for additional charges to be pursued in this case which would be;
    • VF04 - Felony Public Endangerment
    • WF01 - Assault with a Deadly Weapon of a Government Employee
    • GM08 - Vandalism of Government Property
    Finally, a Motion to Compel Discovery has been partially granted, this will allow the defense to compel, as stated previously, the witness statement from Investigator Olsen, and additionally the Arrest Report Date. However no further evidence will be allowed to be compelled in this case.

    At this time I move to allow 7 days for the evidence to be submitted, following the submission I will give 48-72 hours for the defense to file any further motions before moving to an additional hearing or trial.

    Respectfully,

    Chief Justice
    San Andreas Judicial Branch
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

Motion for Discovery
San Andreas Judicial Branch
Motion for Discovery

Honorable Daniels,

  • We the Prosecution in the case below are presenting our discovery to the court.
    State of San Andreas v. Harley Pavlovich
    Assigned Court Case Number: 22-CM-0050
    Requesting Party: Supreme Court of San Andreas
    Party Members: Roderick Marchisio
    Exhibit #5: Witness Statement Timothee Olsen
    Type of Discovery: Witness Statement
    Spoiler
    All Information from the Discovery The witness statement of Investigator Timothee Olsen confirms that the firearm that was found in the vehicle of the Defendant is indeed the firearm as shown in evidence exhibit #3.
    • Image

      San Andreas Judicial Branch
      Official Witness Statement
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      Case Information
      • Case Number: #22-CM-0050
        Incident Date: 18/JUL/2022
      Witness Information
      • Name: [Timothee Olsen]
        Date of Birth: [29/JAN/1990]
        Phone Number: [###-####]
        Occupation: [Park Ranger]
      Witness Statement
      • [Hello, as I stated in the arrest report submitted to evidence the firearm found in the vehicle was the one logged on the arrest report. In every arrest report, I attach the serial number to it so it is cross-referenced later if needed.]
      Witness Affirmation
      • I, [Timothee Olsen], affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

        Signed,

        Image
        [Timothee Olsen]
        [Park Ranger]
        [WA State Parks]

        Date: [28/JAN/1990]
      Image
  • Exhibit #6: Time and Date submission arrest report
    Type of Discovery: Physical Evidence
    Spoiler
    All Information from the Discovery The following information shows the time and date submission of the arrest report as listed in evidence exhibit #1. (( Please note that the time as seen in the image should be read as 00:50 UTC due to my difference in timezone. ))
    • Image


    Sincerely,


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    San Andreas Judicial Branch
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Cyrus Raven »

Motion to Compel Discovery
San Andreas Judicial Branch
Motion to Compel Discovery

Honorable Colt Daniels,

  • We the Defense in the case below are requesting the disclosure of the following material by opposing counsel, please find a detailed reason as to our request below.
    State of San Andreas v. Harley Pavlovich
    Assigned Court Case Number: #22-CM-0050
    Requesting Party: Cyrus Raven
    Party Members: Cyrus Raven, Harley Pavlovich
    Discovery from: Los Santos Police Department

    Type of Discovery: Arrest Report - Full Version
    • The Defense is requesting the full arrest report, unaltered, be provided by the prosecution.
    Detailed reasoning:
    • In Exhibit #5: Witness Statement Timothee Olsen, Investigator I Timothee Olsen states:
      In every arrest report, I attach the serial number to it so it is cross-referenced later if needed.
      However, in Exhibit #1: Arrest Report Harley Pavlovich, there is no serial number included nor any attached evidence of a .50 or any other belongings allegedly taken from the Defendant and/or her vehicle.

      The defence is thus requesting the full arrest report be provided.


Sincerely,

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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • To whom it may concern,

    Please find attached the full arrest report down below. We the Prosecution have not omitted any details from this arrest report whatsoever. You will note that the evidence details as listed in the arrest report correspond exactly with the evidence exhibits as previously presented to the court. It is perfectly within our rights to present evidence exhibits that can be viewed as standalone exhibits separately from each other.
    Arrest Report
    Timothee Olsen wrote: Tue Jul 19, 2022 12:50 am Image
    ARREST REPORT
    MUGSHOT
    SUSPECT 1 DETAILS
    • Full Name: Harley Pavlovich
      Telephone Number: 4714790
      Licenses Revoked: No
      Charges:
      • VM03 - Reckless Operation of a Road or Marine Vehicle
      • WF03 - Possession of Illegal Firearms/Weapons
      How did the suspect plea to the above charges?
      Suspect pleaded not guilty to all charges.
      Additional Details (Suspect's vehicle, etc.) :
      Black Paragon LP: TRPQUEEN RO: Harley Pavlovich
    VEHICLES INVOLVED
    • Vehicle A: Black Paragon LP: TRPQUEEN RO: Harley Pavlovich
    DEPUTY DETAILS
    • Full Name: Timothee Olsen
      Badge Number: 21147
      Callsign: 3-W-32
    INCIDENT DETAILS
    • Date of Arrest: 2022-07-18
      Deputies Involved: Sheriff Kirk, Assistant Sheriff McCornish, Commander Balakay, Captain Carlile, Sergant Derringer, Investigator I Black, Deputy Sheriff III Fontana and Trainee Pines

      Provide details of the incident leading up to the arrest
      • At roughly 11:30 PM on 7/18/2022, Deputy Fontana witnessed a black paragon speed by him at 196 MPH near Bayview. Deputy Fontana immediately attempted to initiate a 10-55 on the suspect but the vehicle evaded the traffic stop. As Deputy Fontana could not get close, a pursuit was called in TAC-1. Upon units arriving in the TAC, the paragon continued southbound on Great Ocean Freeway. Alpha eventually got overhead the Paragon and maintained VC on the suspect.

        The pursuit continued southbound on Great Ocean Freeway and alpha maintained VC on the suspect. The vehicle was observed by alpha numerous times as driving in the incorrect lane of travel and even drove up onto the grass on Bay City Incline. As such a result of Ms. Pavlovich's driving she eventually TC'd on Alta street and units got behind her within 10 seconds to pull her out of the vehicle.

        As units got her Mirandized and searched, we decided to go against the evading an officer charge as no units had gotten directly behind her to know she was evading. However, we stuck with the reckless operation charge as she was observed by alpha as driving on medians and in the incorrect lane. As such, we searched her vehicle and found an illegal .50 in the glove box of the vehicle. The serial number came back to an illegal firearm and as such she was charged with the illegal firearm charge.

        Ms. Pavlovich went from compliant to increasingly belligerent when we searched her car and she maintained that at no point did she operate her vehicle in a reckless manner and therefore we did not have probable cause to search her vehicle. She maintained her innocence all the way to DOC where Trainee Pines transported her. She was handed off to DOC there.
    EVIDENCE DETAILS ARRESTING DEPUTY SIGNATURE
    Image

    Image

Respectfully,


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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Cyrus Raven »

Motion to Suppress
San Andreas Judicial Branch
Motion to Suppress

Honorable Colt Daniels,

  • We the Defense in the case below are requesting that certain evidence be inadmissible in court.
    State of San Andreas v. Harley Pavlovich
    Assigned Court Case Number: #22-CM-0050
    Requesting Party: Cyrus Raven
    Party Members: Cyrus Raven, Harley Pavlovich
    Requested Evidence to Suppress: Exhibit #3: .50 pistol
    Detailed explanation:

    On the 20th of August, the Prosecution submitted a motion for discovery which included Exhibit #3: .50 pistol. This exhibit contained solely a weapon serial number, despite the information about the discovery stating ''This .50 pistol was found on the Defendant and, after investigating, was found to be an illegal firearm.''.

    On the 21st of August, the Defense submitted a motion to compel discovery. In this motion, we requested further body-cam footage and witness statements from involved Deputies as well as evidence locker logs establishing a clear chain of custody for any items seized on the date of arrest, specifically the alleged weapon.

    On the 21st of August, the Defense submitted a motion to suppress. Exhibit #3: .50 pistol was requested to be suppressed because ''No foundation has been given to support the statement that a .50 pistol was found on the defendant.''

    On the 25th of August, this court held a motions hearing where the following was determined
    Exhibit #3 was requested to be suppressed however was denied pending the arresting officer was able to give a witness statement making the court aware of the findings of the firearm in this case. The prosecution will be given a 7 day window to provide this evidence with the allowance of a continuance should the appropriate motion be filed.
    The Defense argues that an arrest report written by Investigator I Timothy Olsen , combined with the lack of any body-cam footage during the arrest or any further corroborating statements regarding the .50 pistol is grounds to suppress Exhibit #3 as no link has been established between a random serial number and the alleged .50 pistol found on the Defendant.

    Furthermore, during the hearing on the 25th of August, it was the court's assertion that the Los Santos Sheriff's Department only maintains their body-cam footage for a period of 30 days. As this appeal was posted on the 19th of July and the Defense's motion to compel discovery was submitted on the 21st of August, a total of 33 days had elapsed, making a court order for such evidence unreasonable. While the Defense agrees that such a court order for evidence that likely does not exist anymore would be unreasonable, we would like to reference Section 1.19.5 of the General Guidelines and Policies which state
    The burden of proof is a legal concept that refers to whose responsibility it is to prove that events played out the way they did. In a criminal case, the burden of proof is on the prosecution
    As such, while a court order for such evidence would be unreasonable, it is nevertheless on the prosecution to request and collect such evidence even before a case has been activated to avoid these issues.

    Given the suppression of Exhibit #3 hinged on further statements from Investigator I Timothy Olsen , the Defense argues that no substantial evidence regarding Exhibit #3 has been provided.

    To conclude, there is a single arrest report claiming a weapon was found, a serial number submitted as evidence, and no video, picture or other corroborating evidence of the presence of a .50 pistol.

    This in combination with the denial of the motion to compel discovery of evidence locker logs, further witness statements and further body-cam footage means that it is impossible for this court to establish beyond a reasonable doubt, that a .50 pistol was recovered.


Sincerely,

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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch

Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • Counselors,

    With the recent motions filed on the docket we will be having another motions hearing for this case. At this time please use this scheduling tool to mark availability and once completed I will announce a date and time.

    Respectfully,

    Chief Justice
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch

Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • Counselors,

    I apologize for the late notice however my availability has opened up allowing for this hearing to take place. We will be having this hearing Thursday September 8th at 7:00PM. Please be there no later than 15 minutes prior for a meeting in chambers.

    Respectfully,

    Chief Justice
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch

Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • Superior Court,

    As discussed at todays hearing the following has been decided;

    Exhibit #5 and Exhibit #6 filed by the prosecution have been admitted into evidence and with no contest from the defense will be admissible at trial. Furthermore there has been no contest to the submission of the full version of the arrest report filed by Former Investigator I Timothee Olson.

    In regards to the Motion to Suppress Exhbit #3, the motion was denied on the grounds that the defendant Ms. Pavlovich provided in her narrative when filing the case that "the deputies then unlocked my Paragon and illegally searched it, finding a firearm in the storage compartment. I informed the deputies on scene that the evidence they had just found in the vehicle is illegally obtained by an illegal search of my vehicle" This statement in conjunction with the statement made in the arrest report, the evidence provided showing the serial number of the firearm found, as well as a supporting witness statement from Former Investigator I Timothee Olson provided supporting evidence that the firearm had been founds inside the vehicle.

    At this point I move to have a trial on this case, a scheduling tool will follow.

    Respectfully,

    Chief Justice
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]
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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Cyrus Raven »

Motion to Compel Discovery
San Andreas Judicial Branch
Motion to Compel Discovery

Honorable Colt Daniels,

  • We the Defense in the case below are requesting the disclosure of the following material by opposing counsel, please find a detailed reason as to our request below.
    State of San Andreas v. Harley Pavlovich
    Assigned Court Case Number: #22-CM-0050
    Requesting Party: Cyrus Raven
    Party Members: Cyrus Raven (Attorney), Harley Pavlovich (Defendant)
    Discovery from: Witness - Timothee Olson

    Type of Discovery: Deposition
    • The Defense is requesting a time to depose Investigator Timothee Olson
    Detailed reasoning:
    • Investigator Timothee Olson provided an arrest report and witness statement. The Defense wants to cross-examine him about what happened and what he saw.

The Defense is flexible in this matter, while we would prefer a chance at an oral deposition or even examination/cross-examination, we will accept whatever the court finds suitable depending on the availability of the witnesses and prosecutor.


Sincerely,

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Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Re: #22-CM-0050, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • To whom it may concern,

    The Prosecution is doubting the relevance of the latest submitted Motion to Compel Discovery. The Prosecution notes there is already an arrest report, written and signed by former Investigator Olsen as well as a signed witness statement from him. Aside from these facts, as Honorable Daniels informed both Prosecution and Defense, former Investigator Olsen resigned and moved out of state to become a Park Ranger.

    Following the above, the Prosecution requests the court to deny this Motion to Compel Discovery.

Respectfully,


Prosecuting Attorney
San Andreas Judicial Branch
(909) 372-7719 — [email protected]
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