#23-CM-0034, State of San Andreas v. Nicklas Mcwell

Post by **Jerome Hilton** » 15 Jan 2023, 15:57

Defendant Name: Nicklas Mcwell
Defendant Phone: 3044364
Defendant Address: I live in an RV
(( Defendant Discord: thunderboss#4746 ))
Requested Attorney: N/A if none

Charging Department: Los Santos Police Department

Date & Time of Incident(s): 15/JAN/2023 around 14:30
Charge(s):

Grand theft auto
Evading an Officer

Narrative:

Whilst running from the towards motorsport, I was intercepted by the police, and subsequently placed under detention for an investigation. I was waiting around 10-15 minutes, which after I was asked if I know anything about a piece of clothing.

I was then placed under arrest, as they claimed I had stolen a vehicle and used it to evade police.

I, Nicklas Mcwell, 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. ))

Post by **Roderick Marchisio** » 15 Jan 2023, 16:19

San Andreas Judicial Branch
Re: State of San Andreas v Nicklas Mcwell
"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,

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

Post by **Judith Mason** » 15 Jan 2023, 20:06

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF RECEIPT

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell

The court has hereby received and acknowledged the above case on 15 January, 2023.

The Superior Court of San Andreas has received your filing and the case is now pending activation. Be advised that the court system runs on a first-come, first-served basis and will only activate cases out of order for special circumstances.

During this time, the defendant is encouraged to reach out to a licensed defense attorney in order to prepare a proper defense, otherwise, a court-appointed attorney will be assigned to the case upon its activation.

The defendant is further encouraged to speak with an authorized individual at Rockford Hills City Hall, Mission Row Police Station, or Paleto Bay Sheriff's Office for official clarification on the specific charges received and their respective date and times, as once the case has been activated, any omitted charges will be considered abandoned and unable to be disputed within this case.

Associate Justice
San Andreas Judicial Branch
(909) 257-9183 — [email protected]

Post by **Hugh Allgood** » 08 Mar 2023, 01:44

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF ACTIVATION

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell
#23-CM-0034

A Notice of Activation was entered in the above case on 8th of March, 2023.

The case of the State of San Andreas v. Nicklas Mcwell is hereby activated by this Court under #23-CM-0034.

At this time the State has adequate representation, however, the Defendant is still seeking representation. At this time the court will delay the Order for Discovery until adequate representation has been assigned and they inform the court they are ready to proceed.

Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]

Post by **Shaun Harper** » 13 Mar 2023, 19:09

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell

A Notification of Counsel was filed in the above case on the 13 of March 2023

I, Shaun Harper, a Senior Defense Attorney with the San Andreas Judicial Branch, will be representing Nicklas Mcwell, in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.

Director of Training & Hiring
Senior Defense Attorney
San Andreas Judicial Branch
(909) 308-7889 — [email protected]

Post by **Hugh Allgood** » 13 Mar 2023, 19:20

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

ORDER FOR DISCOVERY

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell
#23-CM-0034

A court order was entered in the above case on the 13th of March, 2023.

The case of the State of San Andreas v. Nicklas Mcwell, #23-CM-0034 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 evidence has been submitted to the official docket the defense can begin filing motions.

Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]

Post by **Roderick Marchisio** » 13 Mar 2023, 19:21

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR DISCOVERY

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell
#23-CM-0034

A Motion for Discovery was filed in the above case on the 13th of March, 2023.

The State of San Andreas, by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;

Exhibit #1: Arrest Report Nicklas Mcwell, Los Santos Police Department
Spoiler
Saurian Logan wrote: ↑15 Jan 2023, 14:58

Los Santos Police Department
ARREST REPORT
"TO PROTECT AND TO SERVE"

MUGSHOT
SUSPECT DETAILS

Full Name: Nicklas Mcwell
Phone Number: 3044364
Licenses Suspended: Yes
Officers Involved:

Police Officer III Brian Dox

Police Cadet Marc Ericsson

Police Cadet Saurian Logan

Police Officer I Andy Tyrie

Charges:

VF01 - Evading an Officer

GF11 - Grand Theft Auto

INCIDENT NARRATIVE

Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.

After attempting to pull over Mr. Nicklas Mcwell, he fled at extremely high rates of speed throughout the city and after losing VC, he attempted to ditch the car and flee on foot. Luckily Officer Andy Tyrie and I rounded the corner and saw him walking away from the vehicle under the overpass. We then turned around and flipped our sirens as we pulled up next to him and detained him. He had switched his clothes and mask, but we were able to tell from bodycam footage that he was the same 10-15. After not finding keys on him for the vehicle he was driving, we found a screwdriver on him. After Officer Brian Dox placed the charges, Officer Tyrie and I processed him at DOC. The vehicle was secure impounded.

EVIDENCE DETAILS

Document the possessions confiscated from the arrested suspect.
Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.

Where possible, the serial number of each firearm seized as evidence should be noted.

PROSECUTION: REFER TO EVIDENCE EXHIBIT #2

Exhibit #2: Items as found on the Defendant at the time of their arrest, Los Santos Police Department
Spoiler
Illegal Possessions:
Exhibit A: 1x Screwdriver

Legal Possessions:
Exhibit A: 5x Articles of Clothing
Exhibit B: 1x Coffee
Exhibit C: 1x Water
Exhibit D: 1x Soda
Exhibit E: 3x Cigarette Packs
Exhibit F: 1x Fishing Rod
Exhibit G: 1x Radio

Photograph of Possessions (MANDATORY)

Exhibit #3: Witness Statement, Marc Ericsson
Spoiler
San Andreas Judicial Branch
Official Witness Statement
"HERE FOR YOU | SAFE FOR YOU"

Case Information
- Incident Date: [15/JAN/2023]
Witness Information
- Name: [Marc Ericsson]
  Date of Birth: [26/OCT/1999]
  Phone Number: [283-7753]
  Occupation: [Cadet LSPD]
Witness Statement
- [I was heading South Bound down Strawberry Ave when a Cyan Exemplar, license plate "CTU8E6UE" drove past me going 174. I did not initially turn around because of how fast they were going, I assumed I would not be able to catch up to them.
  Bodycam Snipit of the LP and Speed of the Exemplar
  
  I circled around legion square and I then saw them again going north on Alta Street going towards upper Pillbox. I tried to pull them over by turning on my lights and sirens but they did not pull over, they kept speeding away and I then initiated a pursuit in TAC 1 when they were passing City Hall.]
  
  The pursuit led us up Del Perro Freeway and through the tunnel where the driver went into the incorrect lane of travel. He continued straight and went onto Great Ocean Highway. On the highway, I was able to run the plate and the MDC showed that it was reported stolen. They left the highway and headed around Buen Vino Road. When exiting Buen Vino Rd, they headed east down Route 68 then turned off on Tongva Dr, merging onto Zanchudo Barranca. They then followed that road down eventually merging onto Milton Rd going through vinewood for a bit before coming out by Tequila La. At this point, the driver was 100% evading.
  
  The pursuit continued through the City but another unit took over as lead as I made a wrong turn while in pursuit. I eventually caught back up and the pursuit ended under the highway inside the little camp just south of Motor Sports and the LS Gun Club.
  
  The driver dismounted and started to run and we lost visual for a short bit. We then found Mr Mcwell in the area and detained him as we carried out the investigation. We searched the area where he dismounted the vehicle and found a white bandana mask, which was seen on the face of the driver by one of the other officers. The gloves that Mr Mcwell were wearing were also the same colour as the ones seen on the driver by the officer.
  
  Below I have attached my bodycam of the pursuit and the reason why I started chasing them in the first place.
Witness Affirmation
- I, [Marc Ericsson], 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,
  
  Marc Ericsson
  [Cadet]
  [Los Santos Police Department ]
  
  Date: [21/Jan/2023]
Exhibit #4: Bodycam footage, Marc Ericsson
Spoiler
Bodycam of Pursuit
Bodycam of The Exemplar Speeding

((Proof Of RP for Bodycam))

Exhibit #5: Witness statement, Saurian Logan
Spoiler
San Andreas Judicial Branch
Official Witness Statement
"HERE FOR YOU | SAFE FOR YOU"

Case Information
- Incident Date: [15/JAN/2023]
Witness Information
- Name: [Saurian Logan]
  Date of Birth: [06/MAR/2000]
  Phone Number: [475-8618]
  Occupation: [Police Cadet]
Witness Statement
- [After joining a pursuit of a vehicle, Officer Tyrie and I were behind the lead unit when they lost VC under Olympic Freeway near the Motorsport Dealership. After going code 2 and driving to the other side of the overpass that he lost us at, we had seen the individual walking away from the car that was parked a couple dozen feet away. As soon as he saw the police cruiser, he started running onto the on-ramp to the freeway. We continued passed him at first so I could safely perform a u-turn and to see if anyone had seen what the individual was wearing. After seeing Nicklas Mcwell start running across the on ramp, I turned on my sirens and detained him for questioning. We then waited for the other unit, Officer Brian Dox, and had a look at the vehicle and bodycam footage. We came to the conclusion that after finding the suspects clothes in the vehicle, that Mr. Nicklas Mcwell had changed clothes and face masks, though he had the same gloves on. Officer Tyrie and I then processed him at DOC after Officer Dox placed the charges. Mr. Nicklas Mcwell. The 10-15 didn't seem upset at the time of transport over the arrest, nor did he mention that he felt an injustice had taken place.]
Witness Affirmation
- I, [Saurian Logan], 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,
  
  [Saurian Logan]
  [Police Cadet]
  [Los Santos Police Department]
  
  Date: [21/JAN/2023]

Exhibit #6: Witness statement, Andy Tyrie
Spoiler
San Andreas Judicial Branch
Official Witness Statement
"HERE FOR YOU | SAFE FOR YOU"

Case Information
- Incident Date: 15/JAN/2023
Witness Information
- Name: Andy Tyrie
  Date of Birth: 02/SEP/1990
  Phone Number: 394-5986
  Occupation: Police Officer I
Witness Statement
- I was in the passenger seat of the cruiser as my cadet was driving, We were in pursuit of a blue in colour vehicle, After some time we lost visual of the vehicle and began looking around the area to find it again, We went underneath the highway and I saw a man running out from underneath, I told the cadet to go check him out at that time my cadet then said there's the car, as he had spotted it, the suspect had came out from under the highway and was running northbound he then ran over the on ramp of the highway jumping down into the bushes on the opposite side of the road to the gun shop, We then detained him for the purposes of investigation and the other officers looked over their bodycam as we needed to be certain he was the person evading from us, After reviewing the footage we saw that he was a near match but his mask was different, Myself and Officer Brian Dox then went under the highway to search for anything the suspect could've dropped, I did not find anything and went back to where the suspect was, Then Brian came with the article of clothing that made him a match of the person who was evading he was then arrested and the charges were placed and he was transported to DOC.
Witness Affirmation
- I, Andy Tyrie, 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,
  
  Andy Tyrie
  Police Officer I
  Los Santos Police Department
  
  Date: 21/JAN/2023

Exhibit #7: Witness statement, Brian Dox
Spoiler
San Andreas Judicial Branch
Official Witness Statement
"HERE FOR YOU | SAFE FOR YOU"

Case Information
- Incident Date: [15/JAN/2023]
Witness Information
- Name: [Brian Dox]
  Date of Birth: [01/OCT/2000]
  Phone Number: [329-3519]
  Occupation: [Police Officer]
Witness Statement
- [I was piloting AIR-1 when ground units initiated the pursuit of a blue Exemplar, the Exemplar wasnt driving very fast so I decided to land AIR-1 in an attempt to spike it. Shortly after I found myself beeing the lead pursuit unit and I followed the Blue Exemplar into an alleyway. The blue Exemplar had no way out and slowly reversed, where I managed to catch a description of what they vere wearing. Upon turning around the Blue Exemplar fit through a space that my cruiser couldnt so I lost visual of the Blue Exemplar for 5-10 seconds where I passed the Blue Exemplar abandoned under Olympic Freeway. I did not manage to see it at first so we continued searching for it. Shortly after a man was detained, matching the description. We found the Car. We traced back the mans steps where we found the clothes matching the crime, only a few steps where he was seen walking and running as soon as a unit turned their back from. The driver changed his clothes, but still had recognizable clothing that, when matched with the clothes he was walking away from gave us solid evidence it was him. I placed the charges for Grand theft auto and evading an officer.
  Attatched is the bodycam.
Witness Affirmation
- I, [Brian Dox], 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,
  
  [Brian Dox]
  [Police Officer III]
  [Los Santos Police Department]
  
  Date: [22/JAN/2023]

Exhibit #8: Bodycam footage, Brian Dox
Spoiler
((((BODYCAM RP))
► Show Spoiler

))]

Exhibit #9: Impound release report 15/JAN/2023, Los Santos Police Department
Spoiler

Exhibit #10: Record 13/MAR/2023, Mobile Data Centre
Spoiler

Deputy Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]

Post by **Roderick Marchisio** » 13 Mar 2023, 19:22

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION TO AMEND

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell
#23-CM-0034

A Motion to Amend was filed in the above case on the 13th of March, 2023.

The State of San Andreas, by and through the undersigned attorney, filed this Motion to Amend, the original charges with the underlined amended charges.

Original Charges
- GF11 - Grand Theft Auto
- VF01 - Evading an Officer

Amended Charges
- GF11 - Grand Theft Auto
- VF01 - Evading an Officer
- GF16 - Tampering with Evidence

Detailed Explanation: As clearly detailed in the provided evidence exhibits, the Defendant parked the stolen vehicle, ran away from it and changed his clothes, thus concealing and altering his appearance with the clear intent to interfere with the investigation as conducted by the Los Santos Police Department. Following this, the Prosecution will be amending the charges in the underlying case to include GF16 - Tampering with Evidence.

Deputy Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]

Post by **Shaun Harper** » 13 Mar 2023, 19:25

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR CONTINUANCE

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell
#23-CM-0034

A Motion for Continuance was filed in the above case on the 13 of March, 2023.

The Defense filed this Motion for Continuance, and the reasoning for request is as follows;

Reasoning: LOA
- Detailed Explanation: The Defense is going on a leave of absence soon and will not have time to respond.

Director of Training & Hiring
Senior Defense Attorney
San Andreas Judicial Branch
(909) 308-7889 — [email protected]

Post by **Roderick Marchisio** » 13 Mar 2023, 19:27

San Andreas Judicial Branch
Re: #23-CM-0034, State of San Andreas v. Nicklas Mcwell
"HERE FOR YOU | SAFE FOR YOU"

Honorable Allgood,

The Prosecution does not object to the Motion for Continuance as filed by the Defense.

Respectfully,

Deputy Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]

Post by **Hugh Allgood** » 13 Mar 2023, 20:17

San Andreas Judicial Branch
Re: Defense Motion for Continuance
"HERE FOR YOU | SAFE FOR YOU"

Counsel,

Given the prosecution is not objecting, and the court taking notice of an approved LOA for the defense between 15/Mar/2023 until 20/Mar/2023, I will be granting this motion for continuance. Following established procedure, the defense will be granted a 3-day continuance from the end of their LOA -- which will be considered for all intents and purposes to be 21/MAR/2023. As such, the defense will have until the end of the business day on 24/MAR/2023 to file any motions related to this case before the court attempts to resolve this matter.

Respectfully,

Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]

Post by **Blake Eli** » 19 Mar 2023, 07:04

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell

A Notification of Counsel was filed in the above case on the 19th day of March, 2023.

I, Blake Eli, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the Defendant, Nicklas Mcwell.

I will be taking the responsibility of Co-Counsel and will await further instruction from the Presiding Judge.

Junior Defense Attorney
San Andreas Judicial Branch
(909) 323-9861 — [email protected]

Post by **Roderick Marchisio** » 24 Mar 2023, 19:54

San Andreas Judicial Branch
Re: #23-CM-0034, State of San Andreas v. Nicklas Mcwell
"EQUAL JUSTICE UNDER LAW"

Honorable Allgood,

With the time being 19:54 at the time of posting this to the docket, the Prosecution notes that the end of the business day on the 24th has passed. As such, with no motions from the Defense being filed, the Prosecution would like to continue with this case and schedule a trial.

Respectfully,

Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]

Post by **Hugh Allgood** » 25 Mar 2023, 03:16

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF SCHEDULING

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell
#23-CM-0034

An attempt to schedule was made and recorded by the court on the 25th of March, 2023.

All parties in this case are encouraged to complete the following Scheduling Tool in an attempt to schedule a trial on the above case.

In the event all parties have overlapping availability the Presiding Judge will determine the best date and time to have a trial take place and post a Notice of Trial informing all of the upcoming proceeding.

In the event some or all parties do not have overlapping availability, the Presiding Judge will continue to attempt to schedule the proceeding or seek alternative avenues to conclude the case.

Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]

Post by **Roderick Marchisio** » 25 Mar 2023, 10:53

San Andreas Judicial Branch
Re: #23-CM-0034, State of San Andreas v. Nicklas Mcwell
"EQUAL JUSTICE UNDER LAW"

Honorable Allgood,

I have filled in my availability accordingly. However, please note that with my approved Leave of Absence in mind, this availability is not definitive and subject to change.

Respectfully,

Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]

Post by **Hugh Allgood** » 27 Mar 2023, 02:37

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF TRIAL

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell
#23-CM-0034

A trial date was set on the above case on the 27th of March, 2023.

In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 6:00 PM ((UTC))on of April 1st, 2023 at Rockford Hills City Hall, Carcer Way, Metro Los Santos, SA.

Both parties are ordered to be present in the Judges Chambers no later than 15 minutes prior to the above listed date for pretrial arrangements. If complications occur that must result in a delay or cancelation of the trial, you are ordered to inform the court no later than 12 hours prior to the above listed date.

Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]

Post by **Sai Modi** » 27 Mar 2023, 21:07

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell

A Notification of Counsel was filed in the above case on the 28th of March, 2023.

I, Sai Modi, a Prosecuting Attorney with the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case in the Attorney General's stead as he is taking an LOA.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.

Prosecuting Attorney
San Andreas Judicial Branch
(909) 364-9436 — [email protected]

Post by **Hope Kant** » 01 Apr 2023, 08:08

San Andreas Judicial Branch
Docket Notice
"HERE FOR YOU | SAFE FOR YOU"

To whom it may concern,

I, Junior Prosecuting Attorney Hope Kant, will be co-counselling with Prosecuting Attorney Sai Modi and representing the State of San Andreas in this case.

Respectfully,

Junior Prosecuting Attorney
San Andreas Judicial Branch
(909) 321-2132 [email protected]

Post by **Roderick Marchisio** » 01 Apr 2023, 08:13

San Andreas Judicial Branch
Re: #23-CM-0034, State of San Andreas v. Nicklas Mcwell
"EQUAL JUSTICE UNDER LAW"

To whom it may concern,

Just to confirm, Prosecuting Attorney Modi did not replace myself, just signed himself on as co-counsel.

Respectfully,

Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]

Post by **Hugh Allgood** » 01 Apr 2023, 19:25

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

ISSUANCE OF VERDICT

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Nicklas Mcwell
#23-CM-0034

A decision was reached in the above case on the 1st day of April, 2023.

On the 15/JAN/2023, an Officer with the Los Santos Police Department Officers (LSPD) observed a Cyan Exemplar with the license plate CTU8E6UE for speeding. The Officer did not initially give chase. However, the Officer observed the same vehicle a short time later, and attempted the traffic stop, but the vehicle failed to stop. The Officer ran the license plate of the vehicle during the pursuit, and learned the vehicle had been previously reported stolen by its owner. At the conclusion of the pursuit, the driver exited the vehicle and ran away, losing visual sight of the Officers. The LSPD subsequently contacted the Defendant a short time (10 seconds according to testimony) and distance ("a couple dozen feet away") away. When the LSPD attempted to contact the Defendant, the Defendant ran away again, but was eventually caught. After detaining the Defendant, the LSPD realized he was wearing a different pair of clothing. Available body camera footage was reviewed, and the individual driving the vehicle was noted to be wearing different clothing, but appeared to be similar to the defendant. The area and vehicle were searched, and the LSPD located a clothing in the trunk of the vehicle previously worn by the driver. When the defendant was contacted, the Defendant was also still wearing yellow gloves, which were confirmed by the lead officer at the time of the vehicle losing officer visual. After putting the bandana mask on the Defendant, he matched the body camera footage reviewed. During a search of his person, the Defendant was not in possession of keys to the vehicle, but rather a screwdriver.

Through testimony heard today, the identity of the driver is clearly challenged. Therefore, the court will be reviewing the following factors; Proximity, location, and totality of circumstances.

- Proximity/location to the vehicle - "a couple dozen feet away", within 10 seconds of lost visual. Defense claims this is merely the wrong location at the wrong time, however, the court does not believe this rises to the level of reasonable doubt. The defense provided no information about the defendant's action on this date.

- Location: in the area, running across four lanes of traffic. Again, considering the evading driver was no more than a feet away, and within short time frame, the fact the driver did in fact change clothes - as evidenced by the original clothing being located in the vehicle, and the fact no one else was in the area, suggests the defendant was one and the same.

-Totality: The yellow gloves. Body camera footage does show the individual wearing yellow gloves. The defense did make a visual representation of the gloves here in the court room, and the court notes the gloves to be yellow and white, but a majority yellow. Based on this, it is the court's believe the gloves would appear yellow to someone in passing.

For the defendant to be in the wrong place at the wrong time, these factors would have to be much more different than they were.

For the charge of GF11, the defendant must have been proven beyond a reasonable doubt that the defendant while operating a standard road vehicle willfully flees or otherwise attempts to elude a pursuing law enforcement. The defendant has been proven beyond a reasonable doubt to have willfully fled from pursuing law enforcement.

For the charge of VF01, the defendant must have been proven beyond a reasonable doubt that the defendant took another person's vehicle without consent. The defendant has been proven beyond a reasonable doubt to have taken another person's vehicle without consent.

For the charge of GF16, the defendant must have been proven beyond a reasonable doubt that a person "alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority." In this case, the defendant has been proven to have concealed evidence with the intent to interfere with law enforcement.

It is with the above considerations that I issue the following verdict:

On the count of GF11 - Grand Theft Auto, I find the defendant, Nicklas Mcwell, guilty.
On the count of VF01 - Evading an Officer, I find the defendant, Nicklas Mcwell, guilty.
On the count of GF16 - Tampering with Evidence, I find the defendant, Nicklas Mcwell, guilty.

Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]

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