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[STATE] The People v. William Callahan

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SUPERIOR COURT OF SAN ANDREAS

 


 

Criminal Arraignment

Court of San Andreas, District of Los Santos

 

The People

 

Versus

 

William Callahan

 

 

Subpart 1. Title.

 

In the matter of the Petition of The People, on the 6th of April, 2018, against William Callahan.

 

Subpart 2. Body.

 

The People charge the subject(s) with:

 

SF021 - Felony Reckless Endagerement

 

 

Are multiple misdemeanors stacked for a felonious conviction?

No

 

Subpart 3. Request.

 

The People demand of the subject William Callahan to the following:

 

7 years (days)
Twelve thousand five hundred dollar fine

 

Subpart 4. Evidence.

 

 

Exhibit 1.

Dashcam footage from Trooper Hugo Power

 

 

 

Exhibit 2.

Officers Narrative

 


On the 5th of April, 2018 at roughly 00:35, State Police Sergeant Hugo Power (Badge#1333) was sitting idle on the north side of West Broadway in the Temple District of Los Santos when a marked DPS vehicle sped by "Code 3" with lights and sirens on apparently rushing to a scene. At this time, Police Services had not received notification of any emergencies and Sgt. Power took the initiative to follow the responding vehicle, anticipating a situation whereby he may provide assistance. Sgt. Power followed the vehicle southbound through Los Santos, which was travelling at high-speeds and cutting off-road. The DPS vehicle soon came to a stop at the Bureau of Traffic Services and the driver exited and was identified at that time as a Lieutenant W. Callahan of the DPS. At this time, Sgt. Power engaged with Lt. Callahan and Captain M. Hammond who informed him that a vehicle had run out of fuel. When asked by Sgt. Power if the aforementioned situation was deemed a "Code 3" emergency, Lt. Callahan responded "Aye Sir." At this time Lt. Callahan was placed into custody under the charges of Felony Reckless Endagerment for operating the emergency vehicle in such a fashion without due cause of emergency. 
 

 

Exhibit 2.

Audio from dashcam footage

 

 

 

Subpart 5. Narrative.

 

 

On the 5th of April, 2018 at roughly 00:35, State Police Sergeant Hugo Power (Badge#1333) was sitting idle on the north side of West Broadway in the Temple District of Los Santos when a marked DPS vehicle sped by "Code 3" with lights and sirens on apparently rushing to a scene. At this time, Police Services had not received notification of any emergencies and Sgt. Power took the initiative to follow the responding vehicle, anticipating a situation whereby he may provide assistance. Sgt. Power followed the vehicle southbound through Los Santos, which was travelling at high-speeds and cutting off-road. The DPS vehicle soon came to a stop at the Bureau of Traffic Services and the driver exited and was identified at that time as a Lieutenant W. Callahan of the DPS. At this time, Sgt. Power engaged with Lt. Callahan and Captain M. Hammond who informed him that a vehicle had run out of fuel. When asked by Sgt. Power if the aforementioned situation was deemed a "Code 3" emergency, Lt. Callahan responded "Aye Sir." At this time Lt. Callahan was placed into custody under the charges of Felony Reckless Endangerment for operating the emergency vehicle in such a fashion without due cause of emergency. 

 

 

Subpart 6. Recommendation.

 

Parole Recommendation After Release

No

 

Grant Early Release

No

 

Release on Bail

Yes

Seven thousand dollars

 

Subpart 7. Declaration.

 

I, Alisha MacKenzie, District Attorney for San Andreas affirm that the foregoing is accurate and true to the best of my knowledge and belief.

 

 

(( @Stewart @ThatGuy @Zebulon ))

Edited by Wright

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*Axel Rook casually seats himself in the audience besides Vince, randomly, before agreeing with the heard statements; "Yeah the guys utter fuckin' stupid, ain't he? Hope the DPS guy here wins just to shut him the fuck down."*

 

 (( @Lartsa ))

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4 minutes ago, MindScape said:

*Axel Rook casually seats himself in the audience besides Vince, randomly, before agreeing with the heard statements; "Yeah the guys utter fuckin' stupid, ain't he? Hope the DPS guy here wins just to shut him the fuck down."*

 

 (( @Lartsa ))

 

*Vince Stanley nods in agreement to Axel's statement, chuckling; He's a moron. DPS Is going to bring this one home.*

 

(( @MindScape ))

Edited by Lartsa

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On 4/11/2018 at 5:15 AM, Stewart said:

(( @ThatGuy - I am. However, I'm having trouble organising a defence but I should have it sorted by the end of the week. Apologies for the wait. ))

 

(( No problem. I don't want you to sit in a cell during that whole period if you don't wish to so you're more than able to apply for bail if you are so inclined. Just want you to be aware that it's available. ))

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"Defense is present, your Honor. The defendant has chosen to represent themselves in Court and is ready to proceed."

 

(( @ThatGuy @Wright Seeking an attorney has been a challenge and I would rather get this out of the way before it drags on for eight months. ))

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*Alisha MacKenzie looks over to the defendant and then begins to speak.*

"Your Honor, on the 5th of April, 2018, 00:35 hours, State Police Sergeant Hugo Power was sitting idle in a speed trap on the north side of West Broadway in Temple. A DPS vehicle sped by at code three with lights and sirens. At the time, police did not receive a call of any emergency services being required. Sgt. Power followed the vehicle to render aid upon arrival to the scene, so he thought, and observed the responding vehicle moving at high speeds and cutting corners on roads.

 

The DPS vehicle then stopped at the Bureau of Traffic services HQ at the Docks. Lieutenant W. Callahan was driving the vehicle, and when questioned as to why he was responding code three, the Captain on scene (H. Hammond) informed Trooper Power that the vehicle ran out of fuel. Trooper Power asked Lt. Callahan if the code 3 response was an emergency and Lt. Callahan said yes. Trooper Power then took Lt. Callahan into custody for Felony Reckelss Endangerment for operating the vehicle recklessly at high speeds, cutting corners, without an emergency."


(( @Stewart @ThatGuy ))

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*William Callahan rises to his feet, briefly glancing towards Alisha before directing his attention to the Judge.*

 

"Your Honor. 

 

I understand the charges levelled against my person and the Trooper's reasoning behind them. However, as can be seen in the Trooper's recording, the streets were  empty at such an hour. SF021 Felony Reckless Endangerment reads: "recklessly engaging in conduct which creates a substantial risk of serious physical injury or death to another person, or group of people, notably within the capacity of a Public Service Employee." While I agree that my conduct was reckless, there was no substantial risk of serious physical injury or death, which creates a factual impossibility. What risk is created when there are no individuals to affect?

 

I plead not guilty to the charges above. Thank you, Your Honor.*

 

*William Callahan takes a seat once more.*

 

(( @ThatGuy @Wright ))

Edited by Stewart

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"Mr. Callahan may plead not guilty but he admits his conduct was reckless nonetheless. What happens if on one of the roads where he cut around the corner he hit someone? He puts his life in danger and others as well. Just because no one was in visible range does not mean he could not have hurt them. For example, if we take a look at driving under the influence. It is prohibited even if no one is on the roadway with them because they put their lives in danger and the lives of others in danger as well.

 

The prosecution requests a summary judgement be given after Mr. Callahan's statement please, your Honor."

 

(( @Stewart @ThatGuy @Zebulon ))

Edited by Wright

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"Your Honor. 

 

I have two points to make: First, I was fully in control of the vehicle at the time of the incident, following standard departmental protocol when responding to emergencies. That means stopping or slowing down at intersections and stop signs, as well as avoiding tunnel vision and maintaining situational awareness. Second, while I agree that my conduct was reckless, I believe that it did not endanger any persons on the road at that time.

 

That is all, Your Honor."

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"A summary judgment will not be made. The trial will continue. I thank you both for your opening statements. We may begin with witness testimony if there is any to be made and I will remind the defense at this time because they are representing themselves that they may present any evidence for a counter-argument if that is something they wish to do. I feel as though this is a very straight forward circumstances considering what has been said already but I want to give ample opportunity for the full expression of a defense."

 

(( @Wright @Stewart ))

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"Trooper Power, can you explain to us how Mr. Callahan was driving in your professional opinion as a police officer?

 

Was it indeed in a reckless matter even if no one was hit or injured in the process?

 

Furthermore, how does the law view someone who commits a DUI for example, even if it hurts no one? Would it be reasonable to carry over the same logic for a reckless driving charge?"

 

(( @Zebulon @ThatGuy @Stewart ))

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"Mister Callahan was driving in a fashion that endangered the lives of other persons on the road or pedestrians, such as when he cut through Unity Station.

 

Lights and sirens are meant for emergency situations where lives are at risk. Driving at high speeds and bypassing the rules of the road is inherently reckless, but is an assumed risked in time of emergency. Since I had established that no emergency was present, this risk was taken without due cause.

 

I feel as if your assertion is correct Councillor, Yes."

 

 ((@ThatGuy @Wright @Stewart ))

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