Defense attorney Shane Johnson said Provo police took only 26 minutes to look at evidence inside a car driven by Ken Dudley, a man who was shot during a Black Lives Matter protest on June 19, 2020, before giving the keys back.
Johnson, an attorney who represents the Salt Lake man accused of taking the shot, Jesse Taggart, said there is a chance that evidence in Dudleys Ford Excursion could have shown his client was justified in using deadly force during the Provo protest. Now, he said, they don't have that evidence to be able to show it to a jury.
"The investigators went in with a particular mindset. They were not going to entertain any evidence that would contravene that idea. But I think the evidence is actually more clear that it was an inherent bias on the part of the officers to essentially pick a winner between Mr. Dudley and Mr. Taggart," Johnson said Tuesday during a hearing on a motion to dismiss the charges against Taggart.
Taggart, 35, is charged with attempted aggravated murder, a first-degree felony, aggravated assault and discharge of a firearm with injury, second-degree felonies; and riot, a third-degree felony. Taggart pleaded not guilty to those charges and filed a motion in December to dismiss the case against him.
Fourth District Judge James Brady did not issue a decision Tuesday, but said he expects to make a ruling within the next two weeks after taking time to consider the arguments.
Johnson claimed that Dudley could have been charged with multiple crimes, according to an officer's testimony at a preliminary hearing in Taggart's case, but police or prosecutors chose not to file any charges against him.
Jesse Taggart, who is charged with shooting a man during a Black Lives Matter protest in Provo in 2020, is trying to get the charges against him dismissed.
Utah County Sheriffs Office
Taggart and others who were at the protest or viewed video of the incident have argued that he was attempting to use his car to force protesters to move by driving through them. Other reports say he simply was trying to get past the crowd and then hit the gas pedal to try to leave after being shot.
Johnson said he thinks there is "undeniable prejudice" in the case and says police acted more than negligently in not processing the crime scene inside Dudley's SUV thoroughly.
He listed multiple things that police said in previous court hearings that could be interpreted as bias, including one officer who said they had nightmares about Black Lives Matter protests coming to Provo, another officer who said Black Lives Matter protesters came to the community with "ill intent," and another who said Dudley was "shot and victimized."
Deputy Utah County attorney David Sturgill said he thinks Johnson is mischaracterizing the evidence and argued that there is no evidence that the items Johnson says he would like to investigate further would have helped Taggart's case.
"Whether it's exculpatory or even helpful or relevant is entirely based on speculation," the prosecutor said.
In his response to the motion to dismiss the case, Sturgill said Dudley was turning right onto Center Street in Provo when someone shot into his car, hitting his elbow and a second bullet hitting his steering wheel. Dudley then drove to the hospital where he was questioned by police.
Sturgill said the car was photographed thoroughly at that point. He argued that the motion to dismiss should not be granted and that the items sought by Taggart would not add significant evidentiary value to the case.
He also claimed that it is wrong for Johnson to say police were acting with bias and said officers could not have anticipated at the time each of the defenses that Taggart would bring to court, and should not be expected to.
"The issue, I believe, that has been raised by the defendant is without merit. It fails at the very beginning," he said.
The specific items Johnson said he thinks should have been documented by police more closely include:
Johnson argued that the police not collecting complete evidence should be grounds for Taggart's case to be dismissed and asked for the charges against his client to be dropped.
A man drives an SUV through a Black Lives Matter protest in Provo on June 19, 2020. The attorney for Jesse Taggart, who is charged with shooting a man in this vehicle, claimed Tuesday that the charges should be dismissed because police did not take sufficient evidence from the vehicle at the time.
"It was not for lack of resources that we did not collect and process this evidence forensically, it was lack of want," Johnson argued.
He said police not only had the vehicle in their possession, they had permission from Dudley to analyze the vehicle, but they returned the phone and the keys quickly.
Without evidence to show that Dudley brandished a gun or was not completely honest about where he was driving, Johnson said the only way to get that evidence before a jury would be to have his client testify on the stand making it almost necessary for Taggart to testify in his own trial and creating a "battle of believability." However, he said if the evidence were processed correctly they could simply rely on the evidence.
"Those investigators spent 26 minutes processing the crime scene that will play a heavy part in determining whether or not Mr. Taggart goes to prison for the rest of his life," Johnson said.
Follow this link:
- Cincinnati Artist Collective Creates Sculptural Series that Spells Out Black Lives Matter - Cincinnati CityBeat - May 5th, 2024 [May 5th, 2024]
- Police investigate decapitated deer heads found near Biden and Black Lives Matter signs - Washington Examiner - May 5th, 2024 [May 5th, 2024]
- Activist actor Kendrick Sampson cleared for trial against LAPD over Black Lives Matter protest - Courthouse News Service - April 2nd, 2024 [April 2nd, 2024]
- How Black Lives Matter is destroying public education - Washington Times - March 6th, 2024 [March 6th, 2024]
- Can Employers Ban Workers From Wearing Black Lives Matter Insignia To Protest Discrimination At Work? - Employee ... - Mondaq News Alerts - March 6th, 2024 [March 6th, 2024]
- City seeks to avoid trial over Black Lives Matter mural - Palo Alto Online - March 6th, 2024 [March 6th, 2024]
- NLRB: 'Black Lives Matter' insignia allowed New England Biz Law Update - New England Biz Law Update - March 6th, 2024 [March 6th, 2024]
- New research details negative consumer impacts of BLM support on major companies and brands - Phys.org - March 6th, 2024 [March 6th, 2024]
- Photos of Trump with His 'Black Supporters' Are Everywhere ... Can You Tell They're All Fake? - The Root - March 6th, 2024 [March 6th, 2024]
- Home Depot Barred Employee from Wearing 'Black Lives Matter' on Uniform. Did It Break the Law? - SHRM - February 29th, 2024 [February 29th, 2024]
- NLRB says Home Depot broke law in banning reference to 'Black Lives Matter' from worker's apron - The Atlanta Journal Constitution - February 29th, 2024 [February 29th, 2024]
- Church of England tells parishes to set up 'race action plan' put forward by pro-BLM bishop - The Telegraph - February 29th, 2024 [February 29th, 2024]
- The designer of the Black Disabled Lives Matter symbol on zines, parenting and solidarity - The 19th* - February 29th, 2024 [February 29th, 2024]
- NLRB rules Home Depot violated the law - HR Brew - February 29th, 2024 [February 29th, 2024]
- It's Protected: NLRB Finds Black Lives Matter Insignia on Employee Uniform Constitutes Protected Activity Under ... - Labor Relations Update - February 29th, 2024 [February 29th, 2024]
- DC Seeks $401 Million To Save Black Lives Matter Plaza Area - The New York Sun - February 29th, 2024 [February 29th, 2024]
- BLM Coloring Book Teaches Elementary Students the Nuclear Family is Racist - Daily Citizen - February 29th, 2024 [February 29th, 2024]
- BLM co-founder slams Taylor Swift fans as 'racists' and Travis Kelce-led Chiefs winning the Super Bowl as a 'r - Daily Mail - February 29th, 2024 [February 29th, 2024]
- New Ruling Says Home Depot Broke The Law When It Barred Workers From Wearing BLM Logos On Uniforms - Essence - February 29th, 2024 [February 29th, 2024]
- Home Depot Is Ordered to Reinstate Worker Who Quit Over 'BLM' Logo - The New York Times - February 22nd, 2024 [February 22nd, 2024]
- How parents talked about Black Lives Matter differed by race, UW study finds - The Seattle Times - February 22nd, 2024 [February 22nd, 2024]
- 'You have Black Lives Matter...all lives matter' says community nurse in Buffalo about making change - WKBW 7 News Buffalo - February 22nd, 2024 [February 22nd, 2024]
- BLM movement's social justice politics and 'queer, trans-affirming' lessons delivered to kids as young as 5 in NYC school - New York Post - February 22nd, 2024 [February 22nd, 2024]
- AAS 290 examines social media and BLM movement - The Michigan Daily - February 22nd, 2024 [February 22nd, 2024]
- Home Depot employee's rights violated in firing over 'BLM' drawn on apron: labor board - Fox Business - February 22nd, 2024 [February 22nd, 2024]
- Saratoga Black Lives Matter organizers respond to AG probe - Spectrum News - February 22nd, 2024 [February 22nd, 2024]
- Church officials call for community unity in wake of 'Black Lives Matter' flag thefts - Woburn Daily Times - February 22nd, 2024 [February 22nd, 2024]
- Letter to the editor: Black Lives Matter - Pierce County Journal - February 22nd, 2024 [February 22nd, 2024]
- Study: How parents talked about Black Lives Matter differed by race - Yahoo News - February 22nd, 2024 [February 22nd, 2024]
- The Summer of 2020: George Floyd and the Resurgence of the Black Lives Matter Movement - WREG NewsChannel 3 - February 22nd, 2024 [February 22nd, 2024]
- AG: Saratoga Springs BLM activist arrests violated rights - The Daily Gazette - February 22nd, 2024 [February 22nd, 2024]
- Labor board: Home Depot violated labor law by firing an employee who drew 'BLM' on work apron - The Atlanta Journal Constitution - February 22nd, 2024 [February 22nd, 2024]
- Statue of slave trader Edward Colston will be permanently kept at a Bristol museum nearly four years after it - Daily Mail - February 22nd, 2024 [February 22nd, 2024]
- UW study: How parents talked about Black Lives Matter differed by race - Herald Palladium - February 20th, 2024 [February 20th, 2024]
- A gunman killed and injured protesters at a BLM march. Why did police blame the victims? - The Guardian US - February 20th, 2024 [February 20th, 2024]
- BLM has reshaped how we think of Palestine - Middle East Institute - February 20th, 2024 [February 20th, 2024]
- Texas DA blasts governor's move to pardon man convicted of murder of BLM protester - Dayton 24/7 Now - February 20th, 2024 [February 20th, 2024]
- Black Lives Matter PAC Spent Most Of Its Money In 2023 Paying Its Own Treasurer For 'Consulting' - Daily Caller - February 16th, 2024 [February 16th, 2024]
- How parents talked with kids about Black Lives Matter differed by race - Futurity: Research News - February 16th, 2024 [February 16th, 2024]
- Vermont Conversation: What is happening to really ensure that Black lives matter? - VTDigger - February 16th, 2024 [February 16th, 2024]
- Abbott-Prompted Daniel Perry Pardon Review Underway Following Conviction for BLM Protester's Murder - The Texan - February 16th, 2024 [February 16th, 2024]
- Black Lives Matter flag raised at US Consulate - The Daily Herald - February 1st, 2024 [February 1st, 2024]
- Seattle pays off 'fiery but mostly peaceful' Black Lives Matter protestors in 2020 riot case: Rising - The Hill - February 1st, 2024 [February 1st, 2024]
- LAPD Raided Home Of Black Lives Matter Attorney And Took Unlawful Photos, Raising Concerns Of A Harassment ... - Essence - February 1st, 2024 [February 1st, 2024]
- Issa Rae says Black stories are 'less of a priority' for TV bosses after two of her shows are axed - despite s - Daily Mail - February 1st, 2024 [February 1st, 2024]
- 'Watchmen' Creator Alan Moore Donates Movie and TV Royalties to Black Lives Matter - The Mary Sue - September 21st, 2023 [September 21st, 2023]
- Book Review: Blood in the Machine, by Brian Merchant - The New York Times - September 21st, 2023 [September 21st, 2023]
- Uninvited and Unaccountable: How CBP Policed George Floyd ... - The Intercept - September 21st, 2023 [September 21st, 2023]
- Opinion | Why More Countries Are Adopting Feminist Foreign Policies - The New York Times - September 21st, 2023 [September 21st, 2023]
- How 'Swagger' Raised Its Game - The New York Times - June 28th, 2023 [June 28th, 2023]
- Is a Dukes of Hazzard reboot coming to Netflix? - Dexerto - June 28th, 2023 [June 28th, 2023]
- Why Spike Lee's Do the Right Thing Still Matters - MovieWeb - June 28th, 2023 [June 28th, 2023]
- The Fatal Tension at the Heart of Wokeism - TIME - June 28th, 2023 [June 28th, 2023]
- Pat Robertson, broadcaster who helped make religion central to ... - The Associated Press - June 10th, 2023 [June 10th, 2023]
- Blackness and Ethnic Representation in Broadway Theater - MetroFocus - June 10th, 2023 [June 10th, 2023]
- Rhode Island Gov. McKee Calling on Textbook Companies to Resist ... - The 74 - June 10th, 2023 [June 10th, 2023]
- New Black Lives Matter tax documents show foundation is tightening its belt, has $30M in assets - The Associated Press - May 30th, 2023 [May 30th, 2023]
- New Black Lives Matter tax documents show foundation is tightening its belt, has $30M in assets - Yahoo! Voices - May 30th, 2023 [May 30th, 2023]
- Study on Black Lives Matter protests provides insight into the link between coalitional affiliation and moral elevation - PsyPost - May 30th, 2023 [May 30th, 2023]
- Opinion | America Has Become Both More and Less Dangerous Since Black Lives Matter - The New York Times - May 18th, 2023 [May 18th, 2023]
- David Starkey in bizarre claim that left-wing wants to replace Holocaust with BLM - The Independent - May 18th, 2023 [May 18th, 2023]
- Black Lives Matter activist accused of owing the BFI 200,000 'spun web of lies' over other debtee - Daily Mail - May 18th, 2023 [May 18th, 2023]
- David Starkey says activists including Black Lives Matter are 'trying to destroy white culture' - Daily Mail - May 18th, 2023 [May 18th, 2023]
- I'm a Couples Therapist. Something New Is Happening in ... - The New York Times - May 18th, 2023 [May 18th, 2023]
- Countering organized violence in the United States - Brookings Institution - May 18th, 2023 [May 18th, 2023]
- Trio suspected of vandalizing Black Lives Matter banner on Susquehanna University campus - Sunbury Daily Item - March 11th, 2023 [March 11th, 2023]
- Too pretty to be Aboriginal: Meet the model who wants to abolish our beauty paradigm - Sydney Morning Herald - March 11th, 2023 [March 11th, 2023]
- New York City Said It Will Pay $21,500 Each To Protesters Who Were Kettled And Beaten By Police During Black Lives Matter Demonstrations - BuzzFeed... - March 4th, 2023 [March 4th, 2023]
- Dad of white boy forced to his knees and to say Black Lives Matter speaks out speaks out - Daily Mail - March 4th, 2023 [March 4th, 2023]
- Black Lives Matter at School Week of Action kicks off for thousands of U.S. schools - Fox News - February 7th, 2023 [February 7th, 2023]
- Barbara Broccoli & Phoebe Waller-Bridge Among 100 To Pen UK Government Letter Over Gross Violations Of Human And Womens Rights In Iran - Deadline - January 23rd, 2023 [January 23rd, 2023]
- The Agenda of Black Lives Matter Is Far Different From the Slogan - January 19th, 2023 [January 19th, 2023]
- Black Lives Matter May Be the Largest Movement in U.S. History - January 19th, 2023 [January 19th, 2023]
- After Raising $90 Million in 2020, Black Lives Matter Has $42 Million ... - January 19th, 2023 [January 19th, 2023]
- Mich. man who targeted Black Lives Matter supporters pleads guilty to ... - December 28th, 2022 [December 28th, 2022]
- I think they just saw a black girl: Author accuses bottle shop of racially profiling 12-year-old daughter - The Age - December 28th, 2022 [December 28th, 2022]
- Biden Admin to Drop Half a Million on Artificial Intelligence That Detects Microaggressions on Social Media - Washington Free Beacon - December 23rd, 2022 [December 23rd, 2022]
- Black Lives Matter's Alicia Garza: Leadership today doesn't look like ... - December 21st, 2022 [December 21st, 2022]
- Black Lives Matter: How far has the movement come? - December 21st, 2022 [December 21st, 2022]
- BLM has left Black Americans worse off since the movement began ... - December 18th, 2022 [December 18th, 2022]