Accused by a Cop, will he be Acquitted by a Camera?
OVERTON COUNTY – Street racing and evading arrest is a growing problem in America. The invention of social media seems to further fuel the fire by giving speed demons a place to publish their escapades. As Newtonian physics explains, for every action there is an equal and opposite reaction. In this case, the reaction is strict penalties and hypervigilant policing.
However, in America the idea that someone is innocent until proven guilty is a core principal of our justice system. If arrested for a crime, the process requires the state to prove their case in court. But is that how it really works?
The Patriot Punk Network was recently made aware of an arrest in Overton County where a man, Jacob Garland, was charged for Evading Arrest on his motorcycle.
According to the affidavit, a Sheriff’s Deputy was traveling into town when he was passed by a motorcyclist traveling at speeds estimated to be in excess of 100 miles per hour.
The Overton County Deputy engaged his emergency equipment and attempted to pursue the biker at 6:06pm.
Soon after the motorcycle slowed and made a right hand turn onto Old Highway 42.
The rider slowed down enough for the Deputy to make a positive identification of the driver. Though no tag number was visible, Deputy BonneCarrere had pulled the bike over twice in the last two weeks for improper display of tag, and claims another citizen had recently complained about Garland’s reckless driving. (continued below)
The bike had the same colors, the rider had the same helmet, and the nail in the coffin? The driver’s black arm tattoos.
Deputy BonneCarrere pursued the biker down Highway 42, losing sight around Netherland Cemetery. He later cleared the scene at 6:39pm. The next day, he swore to the facts in an affidavit and a warrant was issued for Jacob Garland’s arrest.
Garland was picked up and his motorcycle impounded. He spent nearly two weeks in jail before being released on his own recognizance, and it cost $700 to get his bike back.
There’s just one problem; Mr. Garland says the man on the motorcycle that evaded arrest that day must be someone else—and he has video evidence to prove it.
His Alibi
Jacob works at his uncle’s paint shop on Paintworks Road in Livingston. The day of the motorcycle chase, Jacob can be seen on security camera pulling into the Paintworks Rd property at 5:50pm.
He can then be seen leaving at 6:37pm
Though he is not on camera for a majority of the time in question, the only entrance to the property is entirely visible on camera. The road the property is located on is a dead end, and the road in front of the property is also visible.
Also visible in the 2-hour video is another rider, Kendal Speck, who says Jacob was with him at the shop the entire time.
“He actually had his front wheel off the bike that day.” Speck confirmed in a phone interview with us.
The pair can be clearly seen entering the property and leaving the property together and Mr. Garland’s uncle, who supplied us with the surveillance video, confirms the timestamps are accurate and that the files have not been manipulated.
Mr Garland was arrested the next day, July 26, after the deputy swore an affidavit against him. Mr. Garland was in jail from July 26th to August 7th, and had his motorcycle impounded.
It cost him $700 to get his bike back, and the two weeks he missed from work put him in a tight spot he is still recovering from.
Also important to note, the citation for improper display of tag was dismissed in late August. According to Mr. Garland, the way he displayed his tag, though unorthodox, is perfectly legal.
Additionally, the video evidence fails to conclusively prove Mr. Garland was NOT the rider in question.
It is theoretically possible that Mr. Garland had a premonition about the police chase, preemptively established an alibi before leaving the property, and looped through ~2000 ft of offroad farmland to bypass the cameras when leaving and returned along the same route after the chase.
Then, Mr. Garland may have also had 2 individuals lie on his behalf to establish the alibi—but that’s far beyond a “reasonable” assumption.
Also, the affidavit states Deputy BonneCarrere didn’t clear the scene until 639pm on 7/25. If Mr. Garland had just evaded arrest would he have been so quick to leave his property and go back out on the open road? Possible, but again unlikely.
The Department stated that they do not have dash cameras, only body cameras that due to their location didn’t capture the pursuit. Additionally they stressed everyone is presumed innocent until proven guilty in the court of law. Afterall, that’s how the system works in America.
Mr Garland’s court date is this Thursday, September 4th. He is represented by a public defender and is hoping the charges are dropped.
Even if the charges are dropped, he feels as if he’s already been punished. Two weeks of missed wages, $700 tow bill and two weeks in the Overton County Gray Bar Motel.
TCA 39-16-603(b), the code cited in the affidavit, carries a felony sentence. That means if convicted of violating this statute, the accused would lose their voting rights and their right to possess firearms.
Unfortunately, cases of mistaken identity happen all the time, and no officer is expected to be perfect. Should the affidavit of an officer alone be enough to strip someone of their freedom and impound their property? Officers are people too and can make mistakes.
These are questions that, after the fact, are easy to opine on, but in the heat of the moment, there is no easy answer.
That’s why the officer doesn’t act as the judge jury and executioner.
However, when the accused cannot afford timely legal representation, the process itself sometimes becomes the punishment, regardless of guilt.
Will Mr Garland be found guilty? Or does he need to prove he is innocent beyond a reasonable doubt?
His case is on the docket for Thursday at 9am; we should find out then.
