Client was charged with assaulting a State Trooper and related offenses including providing false information to police. The Trooper testified that he had come up on client who had run out of gas in his car. The trooper directed A.R. to get back into his car and then pushed him to the nearest gas station. Once at the gas station the trooper asked client to provide his drivers license however A.R. did not have one so he provided his name to the trooper. Upon running the information through NCIC, the system provided no information on client so the trooper became suspicious and attempted to handcuff A.R. for investigation. A.R. began to rightfully inquire as to why he was being arrested and raised his voice. The trooper continued to handcuff A.R. so A.R. began flailing his arms and was able to get away. The trooper chased him and tackled him. During this time the trooper landed on his shoulder and injured it requiring surgery. A.R. continued to struggle and finally got away and was subsequently arrested. During the cross examination Mr. Montoya was able to get admissions from the trooper that A.R. had not violated any traffic laws, nor did he ever strike or kick him. The Trooper also conceded that sometimes the system does not provide any information for innocent reasons. Sr.. Montoya was also able to prevent the Commonwealth from introducing prejudicial evidence against A.R. Sr.. Montoya keenly argued that there was no reason for the stop and the Commonwealth had not produced enough evidence to substantiate that A.R. had provided false information. The Court, while acknowleging that the Trooper suffered serious injuries, agreed with Mr. Montoya that not enough evidence was submitted to warrant the charges and dismissed all charges against A.R.
- On October 27, 2012