[Music] and welcome to facts or frauds. >> So the system went down. >> Um yeah, but >> we don't know software shut down. >> I'm not going to take a chance. Do we know when it happened? Just now. >> Just now. >> Just now. Okay. What the court's going to do is court's going to stand in reaction. >> It's worked too hard today. >> All right. >> Sir, until we meet in court, I say good day. >> Anyway, court recalls the case people versus the people. >> Alex Warren Green on behalf of Mr. Mcoo. Mr. Mcoo, can you state your name again, please? Daniel Mcus. All right, >> I think we had finished with our officer, Officer Cory. I don't have any additional witnesses. >> All right. Any Go ahead. You can have your conversation. You might want to mute the mic. >> Your honor, no witnesses from the defense. >> All right, I have a motion. Your honor, we move the bind over to count one and let counts uh I think it's two and three on follow. I do believe we presented you presented sufficient evidence to establish by probable cause a circumstantial case that the defendant was the operator owner vehicle on the date and time in question and the location in question that he did have an alcohol content or more. RD people were able to present evidence that vehicle crashed that the the wind of that vehicle had been hit from the inside. There was blood and there was hair consistent with the defendant's hair. The defendant had a head wound on the front of his head. Uh and that along with um him being at the scene of the crash, I do believe is sufficient circumstantial evidence to establish by probable cause that this matter should proceed to trial. I'll reserve any further arguments or rebuttal. >> Your honor, the defense would object to bind over in this matter. Um, in making the bindover decision, we'd ask the court to consider the lack of direct evidence uh linking Mr. Magcoo to operating that vehicle. Um, your honor, I nothing further at this time. For the record, we are objecting to bind over. I think there is certainly when one looks at the exhibits particularly exhibits one two three um are the vehicle in which the defendant is around um which has crashed into a pole. um and that the poll quite frankly did not give way much. And then what also would establish then there's a second piece of establishing the defendant was operating their vehicle people's exhibits for um specifically for which is clear indication of the spider webbing and what officer Corey testified to are the um damage to the windshield the circular damage above the driver's side um to the window. Um has indicated a circular pattern um un not or similar to certainly what this court has seen over the years of individuals who are unrestrained in vehicles who are then involved in a crash, alcoholrelated or not. um where their head strikes the windshield. And then exhibit 7 8 9 and then also 10 that show um blood and also injuries to the um cranal area or head area of the defendant along also with officer Cory's testimony regarding the hair although not analyzed But certainly the color, texture, hair, his observations regarding the hair that is in the windshield um all certainly point to and would give rise to probable cause that defendant was operating that motor vehicle um at the time of that crash. Additionally, then the there is testimony regarding blood test results which then occurred at the um hospital later that day indicating a blood alcohol content of.127. Um which absent anything else could be um used to presume that that was his blood alcohol content at the time of the operation of the motor vehicle. So that the record is clear even to the extent the defendant's unlawful escape from custody at the time from the hospital. Um may go to the weight to be given to that blood alcohol result but does not negate that blood alcohol result. Um the court is sufficiently satisfied that the people have sustained their burden of showing by probable cause that the defendant did operate a motor vehicle um under the influence of alcohol or intoxicants. So therefore, for those reasons, the court would bind the defendant over on count one with the stipulations to the previous convictions of the defendant with counts two and three following. >> Your honor, do you want to proceed on the arraignment? >> Yes, let's just do that. >> We would wave formal reading of the information. Stand mute. >> Pendant having w formal reading standing mute. Court will enter not guilty plea as to all three counts. Pre-trial in this case will be >> October 9th at 1:30 with Judge SL. >> October 9th, 2025 1:30 before Judge SL. That case bond will continue information your honor. >> Yes, you may have her exhibits back. Oh, you had an extra that you >> I had extra information. That's fine. Court also now calls case of people versus Daniel Mcoo. That's case 25 F3 0979 for the people. >> Alex Warren Green on behalf of Mr. Mcoo. Mr. Mcoo, could you please state your name for the court? >> Daniel McGoo. >> All right. Ready to proceed on this case? >> We are your honor. Prior to the beginning, I will inform the court. I did inform defense council. I do intend to if the proofs um bear it out to add to charge officer and I believe defense council is aware of that that would be contrary to 75081D as in dog one. >> Okay. >> And your honor uh to also provide notice of this uh notice of removal pursuant to 28 USC 1455. This case has also been removed to the United States District Court of Eastern District Michigan. uh under case number 25-12441 for fourth amendment violations along with others. This court has no knowledge as I last case of any any removal has not been notified of removal and so has not been presented anything with removal um nor anything presented which would show um a procedure in which the state action would be removed to federal court. So for those reasons um while you want to say it all the time on the record to the extent it's a motion of any type that's denied. >> You may call the first witness. >> Thank you your honor call. >> Sir please come forward and be sworn raise your right hand. Do you swear a part of the testimony you're about to give will be the truth the whole truth and never the truth shall be gone. Thanks for your first last name for the record, please. >> Colin C O L L I N C H E F Y. >> All right, you may inquire. >> Thank you, honor, >> sir. How are you employed? >> State police as a trooper. >> How long have you been employed as a trooper with Michigan State Police? >> About 2 and 1/2 years. Do you have any prior law enforcement experience before you were a trooper? >> I do not. >> Were you self-employed on or about July the 3rd, 2025? >> What were you working that day? >> Road patrol. >> And where were you road patrol at? >> Do you recall what part of county you were doing road patrol? At about 7:45 in the morning. 94. >> Were you traveling westbound on I94? >> Yes. >> And is that location in Washington County, state of Michigan? >> Perfect. >> Did you notice any vehicles while you were traveling traveling westbound on I 94? >> Yes. >> What did you see? left on 984. I observed a red sedan that looked like it was traveling faster than the rest traffic on the freeway. >> What did you do? >> I caught up to it and when I got closer to it, my radar picked up the speed reading. >> And what was it reading? >> What did you do next? >> I got behind the vehicle. I activated my overhead lights to conduct a traffic stop on the vehicle. >> What happened after you activated your overhead lights >> shortly after the vehicle charged over to the shoulder got down to around 40 miles an hour and rolled for half mile to a mile before coming to a complete stop at about 40 miles hour. What happened after the vehicle came to a complete stop? >> I approached the vehicle, spoke to the sole occupant of the driver of the vehicle and told them I was a state I was trooping with Michigan State Police and requested his driver's license. >> Did you see what position that person was inside of the vehicle? >> Was he operating the vehicle? Do you see the person that was operating that vehicle in the courtroom today? I do. >> Can you tell me where he's sitting and what he's wearing, please? >> He's sitting to your right in a green jumpsuit. >> Your honor, may the record deflect a witness identify this defendant? >> No. >> Record shall reflect. >> When you made contact with the defendant and asked him for his driver's license, what happened next? Did he say anything to you? >> He did. >> What did he say to you? >> I can exactly recall what it was that he said, but somewhere early on. He advised me that I did not have the right to stop him. And uh actually right after I asked for his driver's license, he asked what my reason for the stop was. >> What did you say? >> I told him that I observed him on my radar. I there was a speed on my radar that was over the speed limit. >> What happened after you told him that? >> I requested his driver's license again. >> Did he give it to you? >> He did not. >> What happened after he didn't give you the driver's license? >> He stated that I did not have the right to stop him because he was traveling in a private capacity and not a partial capacity. >> What did you do? I advised him that he is required to provide a driver's license at the request of a pock. >> Did he provide you a driver's license? >> Did you observe anything about the vehicle's license plate? >> The vehicle's license plate did not look familiar to me. I had not had a chance to actually run the plate. >> Okay. So, while you're at the side of the car and you're speaking with him, um, are you continuing to request his driver's license? >> Multiple times. >> Is he ever providing it to you? >> How long do you think? Well, I want to ask that question. As this is going on, what are you doing? >> Um, while I'm speaking with him, I requested for a back because he's not being very compliant. >> You asked for what? >> Uh, backup. back up. Okay. >> At some point, did you return back to your vehicle? >> I did. >> And what did you do when you got back there? >> I attempted that the plate existed essentially. >> What did you notice about the plate once you were able to examine it? >> It was not registered to any specific state. Do you recall what it said on it? It >> said diplomat on the top, non-expiring on the bottom, and I believe it said non-commercial. >> Were you ever able to get any information about the vehicle? >> How did you get information? >> I ran the vehicle. >> Were you able to find current registration for the vehicle when you ran the VIN? >> I did not. Did you request that the defendant continue to provide you his driver's license throughout your interactions with him? >> Did you ever ask him to get out of the car? >> When did that happen? >> On my initial contact after receiving my driver's license multiple times, I advised him to step out of the car. And uh after going back to my vehicle, coming back, I advised him he needed to step out of the car and none of those were followed. >> Did you eventually get him out of the car? >> Yes. >> How? >> I told him he had one more chance to step out of the vehicle on his own and he said he was not stepping out of the vehicle. So I pushed his window, which on initial contact window was all the way down. After backup had arrived, I believe sometime while I was going back to to the car, he had cracked the window. I put my hands in the window and I shut the window down into the car. I reached and unlocked the door and unbuckled his seat belt. At that point, he stepped out of the vehicle was the >> And you didn't break the window. You just pushed it down. >> If any damage, I did not break the glass. >> I should say you didn't shatter it with your with your stick. >> Correct. >> Thank you. Thank you for correcting me, trooper. >> Were you wearing a body camera on the day that this happened? >> I was. >> Was it functional and operational? >> Yes. >> Have you had a chance to review the recordings from that day? >> Yes. >> And your honor, um, with permission, the people would like to propose to admit exhibit one, which is the body cam, but I'm only going to play select portions of it. >> Yes. >> Is there any objection? >> No objection. >> All right. The first segment is about eight minutes long, your honor. Okay. >> Before playing that, the license plate, did it say was it black and white? You recall? If you recall, >> it was either black or dark >> and it said diplomat across the top. >> Correct. And then at some point at the lower maybe left right hand corner talked about it being non-expiring or something along. >> Yes. >> Oh joy. Okay. >> Yes you may. >> Thank you so much. >> And this is um got sound so I apologize if it's too loud at first. I'll adjust it. Parkway. [Music] [Music] I was trying to catch up for a long time. What's that? My radar sir, I need your driver's license. My radar is my driver's license. [Music] No matter what [Music] traffic stop by law. You have to identify yourself. >> Yes, sir. violation of the law. I'm conducting an investigation of the violation. You must identify yourself according to Michigan law. I can shop for speed. Where's your driver's license? Okay. Where's your driver's license? Yes, you do. Where's your driver's license? I will not be calling my supervisor. I do not have a supervisor down here. They are a long ways away. We're not going to sit here and wait for a supervisor. Sir, >> I understand that. I do. If you cooperate with me, I need your identification. We can get you out of here. >> Yes, I do. You are required to identify yourself to a police officer. >> I'm not traveling. >> It does not matter what capacity you're traveling in. It does not matter what the supposed mean. That means nothing to me. Who are you? My number 1245. Can you go identify yourself? Yes, sir. >> Yes, sir. >> It's mounted in my vehicle. [Music] >> Okay. Well, I I have I have experienced that. So, I feel for those state troopers. [Music] Yes, I do. >> Yes, I do. I am here on the side of the road with you. You need to identify yourself. >> Yes, you did. That is why I'm stopping you. >> Why did you roll? >> For For what reason? Some I had to call my supervisor because you don't want to listen to me if you are not obeying the law. Let's talk about [Music] nowification now. That's why I'm going to sit here. >> You are escalating the situation. You need to identify yourself to me. I'm not going to argue with you any step out of this will identify yourself with them next step. >> Why am I calling my sister? I'm not going to tell him. Let's let you call him right now. You're not going to come on the freeway 70. I don't know who you are. You are yourself to me. Identify yourself. What is your name? and your honor, skipping ahead to about the 33 minute mark. Close as I can get it. >> All right. What's going on? >> Okay, criminal. Okay, I'm not I'm not worried about that because I'm acting with the wall right now. One more chance to step out of the car on your own. >> You don't You don't get one right now. >> You don't get one right now. You'll get one. You'll get one before you see a judge. >> Yes, you will get one before you see a judge. You have the right to remain silent if that's what you would like before talking until you talk to a lawyer. >> No, not right now. Out of the car. [Music] Put your phone down. Try and fix my phone. Put your phone down. Stay here. Trooper Cheney, um, were you able to eventually ascertain the identific the identity of the driver, the defendant? >> I was. >> And did you check his did you check him in lean? >> I did. >> What did you discover? >> That is he does not have a valid driver's license in the state. >> Did he have any warrants at the time that you pulled him over? >> He did. to correct myself. I He didn't have a valid driver's license at all that I saw. >> Not at all. Okay. Thank you. >> After you arrested the defendant, what happened next? >> I asked him if he had any reason that he needed to go to the hospital or he advised that he had rapid heartbeat. >> Did you go to the hospital? >> We went to Chelsea Hospital. the Trinity Health in Chelsea. Is that right? Or Chelsea Hospital? >> Chelsea Hospital. >> Okay. And after uh was he cleared by medical staff and taken to the jail? >> Medical assistance at Chelsea Hospital to jail. >> We have a moment. Your honor, >> just so I'm clear. He told you he had rapid heartbeat. You took him to the hospital. He refused medical treatment. >> Correct. Okay. All right. I'll pass the witness examination. >> Your honor, before I begin, may I very briefly confirm with opposing counsel? >> Okay. >> Good afternoon, trooper. My name is Alex Warren Green. I represent Mr. Mcu in this matter. >> Trooper, this was on July 3rd of this year, right? >> Correct. >> Day before Independence Day, right? >> Correct. Tons of cars on the road. >> Tons. >> And this was on I 94 in Scio, right? >> Yes. >> And that is a 70 mph limited access highway or freeway, right? >> Yes. >> And in your experience as a state trooper, you know that conducting traffic stops on the freeway is dangerous, right? >> Yes. There's high speeds, distracted driving, right? >> There's large commercial vehicles like tractor trailers, and like you already said, lots of traffic, right? >> Yes. >> And another reason that it's dangerous is because there's limited space on the shoulder to conduct the traffic stop. Right. >> Correct. >> Trooper, on your direct examination, we saw um video from your bodywn camera. In addition to the bodywn camera, you have a dashboard mounted camera, right? >> Yes. >> And the dashboard mounted camera activates when you activate the overhead lights, right? >> Correct. >> And when you activate it, it captures 30 seconds back in time. Right. >> Correct. >> Okay. And your honor, I believe this is by stipulation. and I would ask to play um a portion of the troopers dash camera. Um I'd move to admit it. >> This defense, >> this would be defense A, your honor. >> Okay, go ahead. >> Trooper, can you see that on the screen right in front of you? >> Yes. trooper. I'm just going to pause right there. This is your dashboard mounted camera from July 3rd, right? >> Correct. >> And there's some writing on the screen, right? >> Yes. >> Okay. So, Trooper, I paused at exactly 30 seconds. This is when you activated your overhead lights, correct? >> That should be very close. Yes. Pausing the video at a minute and 18 seconds. Trooper, you'd agree with me that both you and Mr. Magcoo are at in a stationary position at this time, right? >> Correct. >> And your honor, I'm going to take down the exhibit at this point. trooper, after you reach that stationary position, he never put the vehicle back into motion, did he? >> No. >> Well, at least for the duration of the traffic stop, he didn't put it back into motion, did he? >> No, he did not. >> Okay. >> And the patrol vehicle you have, it has a mounted radar system, right? That's mounted on your dashboard. >> Yes. And that radar system if you can obtain a printed document that tells you the readout obtained at a particular time. Is that right? >> I am not aware if I'm able to do that or seen any. >> So from your mounted radar you have never obtained a printed document suitable for court. Is that your testimony? >> Yes. So >> I'm not possible or not. I just have never done it and do not know how to. >> Understood. Thank you, trooper. You followed Mr. Magcoo's vehicle for a period of time before activating your lights, right? >> Yes. >> And once you did activate your lights, he did in fact decelerate, right? >> Yes. >> And shortly after that, he moved over to the shoulder of the road. Right. >> Yes. And then you you following Mr. Magcoo went over an overpass, right? >> Yes. >> And that overpass has metal barriers on either side of it, right? >> Yes. >> And after you get to the end of the overpass bridge, that's when he brought the car to a stop very shortly after you got to the other side of the bridge. Right. Well, trooper, you would agree with me that the entire time after you turned your lights on following Mr. Magcoo was under a minute, right? >> Yes. With my lights on behind. Yes. And on something like an overpass, there's even less space to conduct your traffic stop, right? >> Typically, yes. >> Because of the metal barriers, if something were to happen, you can't just jump into the ditch or the grass, right? >> Yes. So after you're stationary, Mr. Mcoo stationary, you walk up to the window, right? >> Yes. >> And you two have a discussion, right? >> Yes. >> And Mr. Mcoo didn't hit the gas pedal, did he? >> No. >> He didn't open the door and start running down the freeway, did he? >> No. He didn't take a swing on you or any other officers that responded, did he? No. >> He didn't reach for anything on your utility belt, right? >> Your honor, if I may have one more. >> Thank you, >> Trooper. The reason for this traffic stop wasn't because of a license plate, was it? >> Not at the time. And the reason for initiating the traffic stop wasn't because of an invalid or expired license, was it? It was for speed, right? >> Yes. >> So, at the time you initiated this traffic stop, you hadn't witnessed any crime occur in your presence. Would you agree with me? >> Uh, speed violation. Okay. >> Thank you for answering my questions, your honor. I have nothing further at this. Any redirect? >> Trooper Cheney, if you recall, what did the defendant tell you he was doing when he was driving on the shoulder and not pulling over and stopping for you? >> He advised he was emailing his summons for trial that he has against prosecutors. >> Thank you. Nothing further. >> Your honor, very briefly on that. >> Go ahead. That opened up a whole bunch of stuff. Go ahead. >> Thank you, your honor trooper. on behalf of Mr. Mcoo. Um, after you saw this plate, you didn't call the embassy, did you? >> You didn't call the Department of Transportation, did you? >> All right, your honor. I have nothing further at this time. >> No redirect. Thank you, >> excuse me, may Thank you, sir. No objection. Yeah. At this time, people will move to add account six of assaulting, resisting, or obstructing a police officer for trooper Colin. And I have no init cont. I have no additional witnesses at this time. The defense calls no witnesses, your honor. All right. And response to the motion to bind over. >> Thank you, your honor. The defense would object to bind over in this particular case. Um, your honor, the court has seen the video. Um, we are asking the court to consider the evidence here. Our position is that it is insufficient even at a probable cause standard. Uh the video, the dash camera specifically showed that after the troopers uh overhead lights went on, Mr. Mcoo did make an effort to decelerate. He moved over after they went across the over pass bridge. He did bring his car to a stop. Your honor, he didn't uh need to be physically extracted from that vehicle. He did get out. He got arrested without incident. For the record, your honor, we would be objecting to bind over. >> Go ahead. >> Your honor, I do believe we have laid more than sufficient evidence to sustain both felony counts that have been presented today. Furthermore, your honor, um the people will note the extreme restraint that the trooper showed while dealing with the defendant and not escalating the situation, continuing to try to resolve it as peacefully as possible. Um, I think the court saw in people's one uh the the like the 33 mark where you the court could clearly see Lieutenant Katzenberg and there were two other officers from Chelsea PD as well as an additional trooper who had all come to the scene to help. Um, I do believe we have presented sufficient evidence for at least what we have. And I do think there's frankly there's an argument that there's more than one resisting and obstructing based on what's been presented today for the two different interactions that were shown. But I've added the one. Uh, I have nothing further. Thank you, your honor. court after hearing the testimony in case would agree with the people that there sufficient evidence to show that the defendant committed the offense of fleeing and eluding the fourth degree. And I I think it should be clear that the driver's obligation is to um pull their vehicle over when those overheads go on behind them. He did not really do that. um prior to getting and what's left out of the defendants's argument is he's traveling quite a ways prior to him even getting to that overpass. There are other places if the arguments being made that he couldn't have safely pulled over. When you truly look at it, there are other places that he could have pulled over. Um could have done so safely. And anybody that's seen a vehicle pulled over, um, yes, the trooper actually or the officers actually put themselves and their vehicle more at risk because of the way that they would line their vehicle up when pulling a vehicle over. So that vehicle could have stopped well before, quite frankly, the overpass and well before the time that it did. Um so I don't find that argument very persuasive um and would indicate that the people have sustained a burden regarding the fourth degree fleeing and eluding. Um, also just noted um the trooper um his voice is telling him and it was in people's exhibit one. He's I'm sure he knows that Mr. Mcoo can't hear him or whoever is in that vehicle can't hear him, but he is saying pull over. Pull. He's trying to implore that vehicle to pull over. So the court will bind the defendant over on count one with reference to the added count six the um resisting and obstructing um I think it goes without being said that the restraint that this trooper showed was amazing. Probably one of the reasons I'm not a police officer. I don't think I could have showed that much restraint uh on the side of that road that it seemed like forever before that door opened. The officer quite clear the trooper would certainly went well within his rights to have acted opened that door at some point in time. What was actually phenomenal is that he did not do that. that he left. He was not looking to indeed escalate it anymore. And it was just amazing to me. And only when it came down to the point that something indeed had to be done did that the trooper take action. Um quite frankly that behavior is um well I've always told people around the country with all due respect to other state troopers and all of the places I've been I think Michigan has the best. So um and I mean that from the bottom of my heart. Um, what he did was just amazing because a lot of people, as the defense was pointing out, um, in a holiday time of travel, a lot of people were put in jeopardy, not by what the trooper did in pulling the vehicle over, not by the manner in which he pulled it over, but by quite frankly, Mr. Mcoo's obstinence and not answering the trooper and not complying with the order of the trooper. Um there are probably and and I think the people are right that there are there's probably more than one resisting and obstructing here. Um since the people aren't asking I won't add an additional or two counts or at least of resisting obstructing. I will only add one of resisting and obstructing as an added count six. So defendant so the record is clear is bound over to stand trial on counts one and six those being the felony with counts two three yes it's two three and four four and five following is misdemeanor your honor with respect to the circuit court random we acknowledge receive of the wave it's reading and stand mute wave for a reading standing mute Court will enter a not guilty plea as to all six counts. Pre-trial in this matter will be >> October 9th at 1:30 with Judge Slay. >> October 9th, 2025 1:30. Judge Slay, >> I can have an amended information over by about noon tomorrow. Uh adding that count six. Of course, we don't have right now. >> That That's fine. Put that up there. Bond will continue. >> Thank you. >> Thank you. I'll come see you tomorrow. Hey, you are too much. >> What kind of sha show is this anyway? >> And thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. And a major thank you to every one of our Facture Frauds channel members. If you'd like to become a member, just hit that join button right next to subscribe or click on the link in the description. [Music] And if you're still hanging out, thank you. I appreciate you all. Make sure you hit the thumbs up button, subscribe, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. If you'd like to become a member, you can do that, too. Till next time, I'll see you soon. [Music]