You okay? No, she's not okay. Dude, why would you do that? Welcome back to the Lackluster channel. In June of 2024, rookie trooper Winet was being trained by Trooper Nick for the Minnesota State Police. While driving, they noticed a vehicle in the oncoming lanes of traffic speeding and pulled over to the right to make a U-turn. The troopers did not activate their emergency tones or lights and attempted to make the U-turn from the right-hand emergency lane. The reckless maneuver caused the cruiser to collide with the vehicle that had been behind them for the past several miles. It should be noted that the dash cam footage has 13 audio redactions. And of the seven body cam videos you're about to watch, the Minnesota State Patrol edited out the 30-second buffer period that is captured prior to activating their body cams. These edits were intentional, and while their reasoning is still unknown, the purposeful edits happen to omit what the officers were doing prior to and during the accident. Are you okay? No, she's not okay, dude. You need an endless started. My leg's all [ __ ] up. Okay. Okay. What the [ __ ] guys? [ __ ] What the [ __ ] was that for? You're okay. Yeah. Why would you do that? Do you need an ambulance started? No. Why would you do that though? He was turning on a car and he didn't see you. I was turning on the car. Yeah, we saw a speeder by. I understand. I don't S120 Marshall. You're right, sweetheart. You right? Did you serve the other car involved in 1050? I have another vehicle. Highway 23 mile marker 79. We're on the side of the road. Any injuries? Negative. What's that? Yeah. Yeah. Just making sure you're all right. [Applause] Make sure she's all right. Dude, I don't understand. I'm working officer. He didn't see you. Okay. Can you have your car to make sure you're stay okay so no one else hits us out here? I'm okay. Yes. Yes. Jamie now moves his car further off the highway. You want to just stay in the car, please? Can you stay in the car, please? Just in case someone else would hit us out here. Can you stay in the car, please? Yeah. Just so we don't in case someone else hits us out here. Okay. Do you have your driver's license and proof of insurance, please? We've got another unit coming. So, yeah. And you're you're certain you're okay? Okay. Jamie provides the officer with his license. Just sit tight and just uh I'm sorry. We're just I'm just glad no one's hurt. Okay. Just sit tight. We'll have someone coming. Are you are you okay to drive the car? Yeah. So, I think what we might do rather than sit here on the side of the road is we'll we'll go and we can get off the road up here. Okay. I'll follow you guys. Okay. Okay. We just have a seat passenger side. The officers now have Jamie follow them to a dirt road where traffic isn't as heavy. Neither officer turns off their body cam, but the department removed 8 minutes of footage from this video. Only the dash cam was provided in full, but even it had 13 redactions in the audio, but they did not redact the seat belt chime as the officers continued to drive without due regard for the laws they were enforcing. [Music] The officers finally find a dirt road to turn onto. We'll be sitting on 310th Street of 23. Do you have your driver's license? Yes, sir. Both parties wait in their respective vehicles for a supervisor to arrive, during which the MSP mutes nearly 2 minutes of audio. In later emails with the agency, Jaime is told by a staff attorney that the redactions are due to radio traffic that doesn't involve his case. But considering the duration and time frame, as well as the other redacted body cam, it seems more likely that they have removed a conversation about the incident between the training officer and the rookie. The MSP attorney then tells Jaime that if he wants the rest of the records, he needs to obtain them through a court order. The rookie does not leave the passenger seat for the remainder of Jaime's time on scene. Morning. So, what happened? Driving driving driving Marshall. Okay. So, you're going we're we're going to Marshall. Okay. And uh he was I knew it was cop on us. He went off to the right to you know like like go off to the side. So, I slowed down a little bit and all a sudden, bam, he went left. There's nothing I could do. He hit me and All right. I mean, it was totally his completely his fault. Like, okay. All right. Were you guys wearing your seat belts? No injuries, nothing like that. So, you're fine. Um, I want the graphics. Yeah. Well, I'll do we'll get you the reports and everything and um but I'm going to take pictures. Yeah. You want my insurance, too? If you got digital. Okay. That's the way it is these days. Digital. While the supervisor collects Jaime's insurance, trooper Nick makes a phone call. Yeah. No one no one's hurt, but he uh he pulled over and just went to turn before I could even say say anything. No, no. He hid on the passenger side, but we were just But they were coming by and we were just barely he was just barely starting to turn. So, can you uh just pull out a little bit that way so I don't not in the That's fine. Right there. Yeah. Yeah. But we've got I'm going to have to switch cars cuz mine's I've got lights going off on mine and stuff and screen stuff rubbing. But theirs is drivable. Yeah. So, what do you want me to do for the rest of the day with him? Yeah. No. I mean, do you do you want him behind the wheel anymore today or Okay. Yeah. Yeah. Well, I was definitely thinking probably not behind the wheel today. So, okay. All right. Thanks. All right. Thank you. Should be good. Is he all right? Yeah. Yeah, he just thought he's upstairs. Let me find the insurance card. How you doing? Good sir. Good [ __ ] Understand? Just looking for a state insurance cards in here somewhere. I guess I'm on their insurance. Yep. I will uh basically what I'm going to do is I'll get you a card case number on it and stuff and get you um the state is selfinsured. It's like policy A. I'm getting that info form. I'll put it on the back of my card. Okay. you go. I don't know what I'm No, I understand. I understand. I understand you. Honestly, when you got I was more worried. I just didn't want another car to come by and hit you. That's what I was worried about, honestly. Um I what I didn't want to get out and yell at you. Yeah. No, I don't. I felt bad for getting mad, though, too. He's getting me a card that has the insurance and the case number on it and that thing correct address for my hat. Just let me make sure I entered your info in there, but then we'll get you on your way. So yeah, this is my card, my information, and um this is State of Minnesota selfinsured. So that's the number that you'd give the insurance company. Okay. And this is the case number. Okay. So call State say farmer will give us. They Yep. They'll Yeah. Sounds good. And you'll get you whatever else. I'm sure he's going to get you info. Here's your stuff. That's my card, too. This number on it, too. Okay. Well, thanks troopers. I appreciate it. So, I will you can take off. So, um shrug it off. [ __ ] I'm a military guy. So, hopefully I don't try forget about it. Yeah, I understand. If you need if you need I don't I can get I mean I can get you contact. You can call our office uh if you want to talk to the supervisor. My office is uh right there is our office number and yeah, there's nobody in right now. Well, he's down on the cuz there's flooding down on 90, so he's helping out down there. But, uh, I'm just, you know, I'm very glad no one's hurt. Thanks again. So, I I knew you were behind us, but I couldn't I didn't have time to say anything. Well, driving. Yeah, I feel bad for him, but this now I'm not not allowed to get to him. All right. Well, safe travel the rest of your way. Good training, bro. Thanks, guys. Yeah. Your info for a past few, right? Yeah. The body cams were not turned off at this point, but the agency redacted the video and audio footage of the trainer explaining what happened. We know this to be true as just 5 minutes later, as the troopers are leaving the scene, the trainer advises the rookie to turn off all cameras. We can turn off the cameras though cuz we're clear of everything. The next day, Jamie and Genevieve sought medical care for their minor injuries and attempted to file an insurance claim. But he was told by his insurance company that they wouldn't even try to pursue a claim against the MSP because they would claim official immunity, meaning Jaime would now be on the hook for the cost of his deductible, an increase in his premium and health care costs related to the collision. 3 days later, he received a call from trooper Casey Meager. Jamie, it's Casey calling back with the state patrol. Oh, I'm not trying to be sarcastic, but could you finish your emails? No, I haven't. This is what they told me. They will they will throw the no the immune clause right back at us directly and we will immediately we won't fight it because because we can't. And I'm like, what? So, I was about to copy. So Jamie, if I can for a second give you a little bit of perspective, okay? Um th this incident and what we are dealing with and talking about has already taken place, right? So we we can't change what happened. The normal process for any other incident, any other crash, the troopers have 10 days in order to complete those things. Right. So I'm not you agree, Captain, this is not a normal situation. Well, anytime we've got a squad car involved in a situation, it's not normal. You're correct. Absolutely. At this point, Jamie realized he should seek legal counsel and hired an attorney. Jamie, it's Casey with State Patrol, not a Marshall. Well, uh I've been I've been advised by my council to uh uh any any communication on that goes through my lawyer. It's sad that I've been my daughter this way. Um, we want our priority obviously. Well, and just so we're clear, Jamie, I'm not going to reach out to an attorney or a lawyer. Um, so if that's if that's the route you want to go with this, that's fine. That's that's your prerogative. I'm not going to sit and do that with the attorney. If we're going to deal with the attorney, they can deal with the things through the legal system like attorneys do, right? It has flipped our our world upside down and our insurance company's being too now. and cuz it's $1,500 and the cars are worth $12,000. State Department fighting it. The following month, Jaime had to pay for the accident report. What it shows is that the crash report Trooper Meager hadn't looked at because he wanted to give the investigators 10 days was created on the same day of the collision and signed off by a supervisor the very next day. The report also showed that the rookie had made an improper turn during an emergency operation, but without emergency warning equipment in use due to unspecified external distractions. It also states that the driver didn't see Jaime's vehicle, and that the state patrol did not conduct any sobriety tests on their troopers, nor did the MSP site the rookie, but he resigned from the agency 2 weeks after the collision. The case was eventually escalated to the Department of Administration, who took another few months to review it. Minnesota takes care of its own and does things the right way. And finally, on Valentine's Day in 2025, Leah Shedlock, the senior claims representative at the Minnesota Department of Administration, sent Jaime a letter that claims the accident was nearly identical to Vanshake v. Latero and that the Minnesota State Court of Appeals had granted the troopers and the state official immunity in that case. And based on that, Minnesota would not be paying Jaime for the damage their negligence caused. However, in the case Lee cited as nearly identical, the trooper saw a vehicle in an oncoming lane and wanted to pull him over. He pulled into a driveway and activated his emergency lights, checked his mirrors, and noticed a vehicle slowing down. Assuming that they were letting the trooper go, the trooper pulled out and caused an accident. The Court of Appeals would later find that the trooper's conduct in that case involved the performance of discretionary duties and was not malicious, meaning that he was just doing his job. This case is about protecting the discretion and authority that state troopers need to enforce the laws on state highways. To do their job, state troopers rely upon the discretion to assume the right of way as an emergency vehicle. That is to disregard certain traffic laws in certain circumstances. When they employ this discretion, they're protected by official immunity unless their actions are malicious. I'd like to focus on two main areas. First, that Trooper Laterno did have authority to assume the right of way as an emergency vehicle. And second, that because he acted in good faith uh in performance of a discretionary duty, he's entitled to official immunity. As the district court stated, he should have waited for Mr. Vanshake to pass him. Then every passing moment, the speeding vehicle would have been getting farther and farther away from him, and he would have had to go quite far above the speed limit to catch up. The ability to assume the right of ways emergency vehicle means that he wasn't bound by any traffic laws. he was engaged in a discretionary duty uh and had the discretionary decision to initiate the traffic stop. Official immunity is not an absolute immunity. It is um or for the actions of public employees in the performance of their um official duties. Not all police conduct even in emergency situations if there is one here is afforded immunity. Assuming that the uh trooper has the ability to dis disregard traffic laws while pursuing just an average person they see violating the law, they still have a duty to drive the vehicle for the due regard for the safety of other people on the highway. And they have a ongoing duty the entire time to not drive their vehicle in a careless or reckless manner. General Order 0820-033 which is specifically titled the emergency vehicle operation. under that general order with the state patrol um states in there that this policy does not relieve any authorized emergency vehicle from the duty to drive with due regard for safety of a person's using the highway which is the exact definition that's used in the careless driving statute. So it's if when you compare those even if he is an emergency vehicle and that previous uh um statute or that previous general order applies to give him that authority he still has a duty to drive with due care. These policies do not one doesn't cancel out the other. However, the very first thing written in the opinion of the case Leah cited is that the case is non-presidential. This means that the court's decision in this case is not meant to be used as binding authority in future cases, but Leah presented it as though she is the judge. The second point of contention is that trooper LNO had activated his emergency lights and noticed the vehicle. While in Jaime's case, trooper Winfett did not notice Jaime and did not activate his emergency lights and instead he disregarded all traffic law. Official immunity was created to protect the state and state employees to prevent public officials from second-guessing themselves out of concern that their government employer could sustain liability from their actions. But isn't this obvious negligence for life and property something that we want agents of the government to second-guess themselves? Here's the kicker, though. Leah Shedlock is the senior insurance claims manager for the department of administration and cannot grant official immunity to the state, a state trooper, or anyone else. Official immunity can only be applied and granted by the courts. It is up to a judge and a judge only to determine whether a state trooper or another public official is entitled to immunity. And personally, I don't understand how anyone with a healthy mind could make this determination. and feel like a good person. This is flatout evil, especially when you consider what Jaime is asking for. You see, Jaime went through his own insurance because the state refused to accept responsibility. He paid for his own vehicle, his medical bills for himself and his daughter and was only requesting that the state repay his $1,000 insurance deductible. but instead Jaime is now being forced to pay for the damages caused by the government's negligence because [ __ ] you. Basically, they even made him pay for the records they created for the accident they created. On March 25th of 2025, a lower claims manager, Dave Larabe, called Jaime and confirmed once again that they are standing on their decision for immunity without a court's determination. I offered to help Jaime to crowdfund his legal costs, but he has declined, fearing that raising funds would take in more than the legal fees would cost, and he is only interested in accountability and perhaps making case law. His lawsuit is in the works. Neither the MSP or Department of Administration would agree to comment on this incident, and I don't blame them. Who would want to face the public when you can barely look yourself in the mirror? Let me know what you think of this situation in the comments down below. If you have a story or need to blow the whistle, you can do so anonymously using my form in the description and pinned comment. And as always, if you like this video, be sure to check out another one linked on screen. [Music]