Aug 28, 2014
Aug 21, 2014
Aug 14, 2014
Jul 24, 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
- Police say North Hampton man distributed child sex abuse images - 0
- Sexual assault charge in Keene - 0
- Keene man charged with threatening Nelson teen with gun - 0
- More details released about Nashua drive-by shooting - 0
- Portsmouth man charged with two felony drug counts - 0
- Affidavits show woman was shot as feds conducted downtown Manchester drug raid - 0
- Newton man charged with kidnapping, sexual assault of 15-year-old Mass. girl - 1
- Two felony charges for alleged Portsmouth drug dealer - 0
- Nashua man arrested in violent purse snatching - 0
READER COMMENTS: 0
- On Baseball: Fisher Cats manager Meacham learned a few things, too - 0
- First and 10: Old No. 1 begins as new No. 1 - 0
- NHIAA Girls' Soccer Preview: All eyes on Bedford, Exeter - 0
- Another View -- Dan McGuire: We Free Staters are not some threat to be feared - 0
- Taxpayer rights: Left, right should restore them - 0
- Hooksett highs: A good multiple choice test - 0
- No paper Monday - 0
- Patriots' Garoppolo solid, but Giants eke out 16-13 win in preseason finale - 0
- Education business tax credit program upheld - 0
Win tickets to see Steven Wright
Enter to win tickets to see Paula Poundstone
Where is Shaheen? Hiding from you
Weekly brother gave police wrong name
- Mass. Supreme Judicial Court has found upskirt photos taken on a subway aren't illegal. Should such voyeurism be a crime?
- Total Votes: 917