LASER aono FORM PENGAD - 1-E00-631-6989 - 20 22 24 25 approaching North Charles Street, a white Toyota came through the red light at a high rate of speed from the area where the shots were fired. Okay. When you say through the red light, was the light green or red for him? The light was red. He went through the red light. Okay; Anyway, I turned on my overheads and pursued him down Charles. He pulled over about maybe two blocks down. At that time, I called out the information over the radio and a car came up to back me up. Parrish turns off his lights and then takes off at a high rate of speed down North Charles on the wrong side of the road. So I am pursuing him. We get down to about halfway down the block. Anyway, Sergeant he forces Lydic up on the sidewalk. I mean heads straight on into him. Then he proceeds still down North Charles and chasing across Brighton where two constables are coming up. He forces them into a ditCh- than d9mniE9lR9HE?m??iirA? he- makes a turn on into the back?Qiwhis Vehicle." He is likewggyiggite turn bask saute 65 n-?a n-d r-?I ND 00 --I -53lik?.hal?way the gaaii back ini. I 9st 99?. with When i 190k: hefs got his. QR the.?onsQ1e.lihe.he?s ready to jump out It looks like he is trying to grab my gun?_so_I_ -. hit him with my pistol a couple oi times. _Ee .. . . .fal1?mQHPU9?.the car. is a st?9s3%? Q9 Eh? SKQUEQ where h?-i?lre?istin9 ar est trying ts handgyi? him- E?lisitgld several times to quit resisting. but? he wonzrli Ihey hag tn him. Okay. At any point was anything found in his vehicle? We found some shell oasings inside the vehicle. Iwomg millimeter shell gasings-and marijuana inwm the taunt? . rt?-n?-In Okay. How much marijuana? Do you know? I don't know yet. We didn't get the lab report. MR. Well, Your Honor, we would need a stipulation to proceed. If not, we would postpone. MS. Not stipulating. This case is THE COURT: Okay. 1 to like stop it. Anyway, I'm yelling from my car 2 for him to get back in. 3 $hXih%MY9h See 4..-. that what you're saying? With the window 7 down? 3 A. Right. \o You're saying that you're telling him to get back . 1.7the Ye?iEl?: in Ehe V?h?9l?3? . . Yes. Does he get baCk.in the Y??hhl?? ?am That's when you come out with your pistol drawn? $3 Yesa_ halfway Eh? Kehihle Oh the Console like he es 9? 4. . ..-. . . .. .--rrc 12 14 16 thoughwasn't out of the vehicle at that point? 20 A. He_is halfway out. 21 Q. So he never got back in the vehicle or he did get 22. back in the vehicleback in to stop the.Car I guess, 24 Q. Well, without speculating, you arewsaying that he 25 gets out, you tell him to get back in, he gets 13 1 halfway back in. 2 A. He gets halfway back inquarter out now, because he was only 4 ever halfway out. If he is halfway back in, then 5 he is a quarter out, three?quarters in, would 6 that be correct? 7 A. That's about correct. 8 Q. Okay. You tell him to stop and you believe you 9 see his foot on the consolethat point in time you said that you hit him a 12 couple of 13 11.0. 14 Vehiele three er . ,f.ee.e he Ehe 15 was ..Still like 16 that. 17 Q. Okay. ?You say your hands like that 18 THE COURT: Let the record reflect 19 that there are two hands above his shoulders in 20. what appears to be like palms open towards the 21 officer. 22 OFFICER ROSS: Right . 8 23% CROSS-EXAMINATION 24 BY MS . CARSIA: 25 Q. So his hands ended up being right above his head, anwould that be correct? Yes. You Could Ye?gh him to get back in the y?hicle th??e four times, which.he did not do. Okay. When you say you hit him with your pistol MCDERMOTT: I'm going to object to the relevance. THE COURT: This isn't -- MS. CARSIA: Okay. THE COURT: This doesn't go to any, Ms. Carsia. MS. CARSIA: That's fine. All right. I'll move on. THE COURT: Okay. CROSS-EXAMINATION BY MS. CARSIA: Q. So once he is hit does he get back in the vehicle at that point? No. That's why he got hit, because I thought he was going to jump out on me. That's why I hit him. 1 THE COURT: The point I wanted to 2 make Ms. Carsia is this, this isn't the resisting 3 arrest. 4 MS. CARSIA: I'm trying to get to 5 whether he ever went back into the vehicle. 6 THE COURT: That has nothing to do 7 with it. 8 OFFICER _.9P.t 9 .. 011.. me 10 THE COURT: Stop. Both of you 11 stop. -The resisting arrest that you made out 12 here today that I'm listening to has nothing to 13 do with what happened with you and him in the 14 car. Nothing with you at all. This is David 15 Lane, Mark Passano and Gary Messer. Your 16 testimony where you said it took several of them 17 to subdue him is what is holding this charge not 5 18 this part where you were back and forth. That's 19 what I was trying to get across. 20 21 BY Ms. CARSIA: 22 Q. Okay. Once he gets out of the vehicle, is that 23 when how many officers were actually on scene at 24 that time? 25 A. I believe three officers. Caraofficers to get him where they could handcuff him . Plus you, so four? Yes. Four. Four total officers? Total. Because you were still trying to arrest him as well, correct? Yes. When you say subdue, is he on the ground at this point? 'At that is on the ground. He is ?s doing on the ground. It took three or four 9n I understand, but you said that he jumped on you. Did you actually go to the ground as well? No. Okay. That's what I'm trying to understand. At this point these other three officers are the ones that are trying to handcuff him? Right. Okay. What he is doing is resisting being handcuffed, correct? Right. When you say that, what is he specifically doing? :like holding one arm under his torso like and the other one he is he's like hitting at officers, moving it, trying to avoid getting handcuffed. That's fine. Just so I'm clear, you indicated ylike this. So he was actually on his stomach and kept one hand -- Right. He wouldn?t.remove that. They tried to pull that they had to forcibly pull that one arm from under him because he would not take it from under his torso. Did he indicate that he was injured in any way and that's why he wasn't able to move his arm? No. MR. MCDERMOTT: I'm going to object to relevance, Judge. THE COURT: Sustained. OFFICER ROSS: He did not. THE COURT: You don't have to answer. MS. CARSIA: I have no further questions, Your Honor. MR. MCDERMOTT: Commonwealth rests, Judge. THE COURT: Argument to the