Nov 6, 2014
Oct 30, 2014
Oct 2, 2014
Sep 25, 2014
He says moped, police say motorcycle
Rafael Tejada, 27, of Lawrence, Mass. is facing two felony reckless conduct charges and eight misdemeanors for allegedly fleeing from a police officer who attempted to pull him over for not wearing protective eyewear.
The reason for the July 30 stop was not legally justified, according to Tejada's public defender, Devens Hamlen, who is arguing all evidence in the case should be thrown out of court.
"A moped is not a motorcycle," Hamlen said in court papers. "There is nothing in the driving code requiring that moped drivers wear eye glasses, safety goggles or that the moped have some sort of protective screen."
Prosecutors submitted an online advertisement of the motorized bike to a Rockingham County Superior Court judge to support their argument that Tejada was, in fact, driving a motorcycle, giving Salem police a right to pull him over.
"The motorcycle (Tejada) was operating has an internal combustion engine with a piston displacement exceeding 50 cc's," Assistant County Attorney Jerome Blanchard said in a court motion.
If a judge agrees with Tejada, it would not only throw out nearly all evidence in the case, but essentially bar prosecutors from pursuing charges against him related to the pursuit, according to the defense.
Blanchard argues that a 2008 state Supreme Court case would still allow the state to pursue charges against Tejada for his actions during the police pursuit.
Tejada was headed eastbound on Cluff Crossing Road at 11:36 a.m. when he was first spotted by Officer Brian Routhier.
When the officer activated his cruiser lights and siren, Tejada allegedly sped off and crossed over a double yellow line into oncoming traffic, according to police. He entered the Shaw's Plaza through the exit lane, police said.
Police officers dispatched to the scene caught up to Tejada's moped in the parking lot and ordered him to stop. He allegedly jumped a curb to get out of the parking lot and drove on a nearby railroad bed.
Police lost sight of Tejada but a short time later other cruisers in the area spotted him southbound on Route 28. Officers followed him onto Cluff Crossing Road and into the Brook Village West Apartments, where police say he went off the paved parking lot and darted in front of a cruiser.
One officer had to slam on his brakes to avoid hitting Tejada. A second cruiser following the officer rear-ended the lead police car, prosecutors said.
Tejada then drove into some brush and crashed at low speed before being apprehended, police said.
A judge is set to hear legal arguments in the case on Feb. 22.
READER COMMENTS: 0
- Judge OKs early release for former teacher convicted of possessing child porn - 0
- Nashua man indicted for allegedly shooting girlfriend - 0
- Manchester 7-Eleven robbed for fourth time - 0
- Manchester couple faces robbery, theft charges after Salem mall incident - 1
- Chainsaw-wielding man facing multiple charges over Sept. incident - 0
- Woman faces assault charge after Monopoly game gets out of hand - 17
- Plea deal gives shooter 15-30 years in 2012 death of Manchester man - 0
- Missouri governor urges calm ahead of grand jury decision on shooting; findings to be announced at 9 p.m. - 0
- Two Manchester brothers indicted in Nashua drive-by shooting - 0
READER COMMENTS: 0
- Monarchs Scouting Report: Nick Shore - 0
- Dave D'Onofrio's Patriots Notebook: It took a while, but now they're on Wright track - 0
- Newmarket blacksmith has forged a career shaping the elementsof steel - 0
- Kathy Sullivan: We need to rethink some of our county government positions - 4
- Pipes and plans: A chance to show up Mass. - 3
- H.S. Football Power Poll: No doubt - Astros finish on top - 0
- College Hockey: Wildcats home to RPI on Tuesday night - 0
- Manchester school board OK's contract for driver’s ed program - 0
- Unrest erupts after grand jury decides against charges in Ferguson, Mo., shooting - 7
Sources say former White House Chief of Staff Andy Card to be tapped as Franklin Pierce president
Clinton has 'historic' lead in poll
Tough task for NH budget writers
Pipes and plans: A chance to show up Mass.
Teacher 'thrilled' at being reinstated
Paul, Christie share lead in primary poll
- Whom do you think bears the brunt of the blame for the mayhem this weekend in Keene?
- KSC students
- KSC administration
- Visitors from out of town
- A combination of any/all of the above
- Total Votes: 2483