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ELKINS -- Probable cause was found in the case of a Virginia man after he allegedly led police on an 100 mph chase and crashed a vehicle into a creek.
Christopher Edward Knotts, 40, of Harrisonburg, Virginia, appeared in Randolph County Magistrate Court on Monday for a preliminary hearing, with his attorney, James Hawkins Jr. Randolph County Magistrate Tracy Harper found probable cause, forwarding the case to be considered by the grand jury.
Knotts is charged with fleeing from a law enforcement officer in a vehicle showing a reckless indifference to the safety of others, a felony. He is currently being held at the Tygart Valley Regional Jail on a $25,000 cash-only bond.
Before the hearing, Hawkins asked Harper to modify Knotts' bond to $5,000 and amend the form of the bond to include property, surety or a 10% bond, calling Knotts' set bond "grossly excessive" and saying it "doesn't pass constitutional muster."
Hawkins said Knotts has a criminal history, but there was no evidence of him being a flight risk, and noted Knotts would stay with family in Dailey if bond was met.
Assistant Randolph County Prosecutor Leckta Poling said the state was opposed to any deduction or modification of Knotts' bond, saying that the nature of the crime was proof enough to be wary of Knotts being a flight risk.
Harper denied the request for bond modification after finding probable cause.
West Virginia State Police Captain Jason C. Saurino, who filed the initial criminal complaint, was called to testify before the court by Poling. Saurino said that on April 16, as he was leaving the Elkins State Police Detachment, he witnessed a blue Buick traveling southbound on the Beverly Pike near Beverly and a "high rate of speed."
Saurino said he tracked the vehicle going 81 mph in an area with a 55 mph speed limit. He then activated his emergency lights and began to pursue the vehicle. Saurino told the court that he identified two people in the vehicle and that the vehicle appeared to accelerate after he activated the lights.
"I had to speed over 100 mph to try and catch up," Saurino told the court. "I started seeing some road dust. Pursuit dust is what I personally call it, when they start to run off the roadway."
Saurino said that when the vehicle turned on to Dodson Run Road, continuing to accelerate, he turned off his emergency lights and terminated the pursuit due to concerns that a police chase on such a narrow road could lead to an accident or death.
Saurino said he then saw the vehicle "launch off the embankment" on Dodson Run Road and end up in a nearby creek.
When asked by Poling if he was able to determine who was in the driver seat, Saurino said he identified Knotts as the driver. Poling also asked if Knotts said anything to Saurino; the officer said Knotts claimed his brakes were not working.
"He made an utterance that his brakes weren't working, that he was attempting to stop his vehicle, but his brakes didn't work," Saurino said.
"Did he make any reference to the accelerator sticking?" Poling then asked.
"No, ma'am," Saurino said.
During cross examination, Hawkins asked if any vehicles were struck or if any pedestrians were nearby during the incident. Saurino said no. Hawkins also asked if Saurino saw any brake lines, to which Saurino said yes, referring to them as a "skid to stop" before Knotts went over the embankment.
Hawkins also questioned if Saurino had asked Knotts whether or not he saw Saurino's emergency lights during the pursuit. Saurino he did not ask Knotts about the lights, but another trooper had received a statement after the crash from the vehicle's passenger saying they had, in fact, seen Saurino's lights.
When asked by Hawkins if anyone had requested that the vehicle be checked to see if there was something wrong with the brakes like Knotts claimed, Saurino said no, explaining it was clear that Knotts did attempt to brake before going off the embankment
"I was a certified accident reconstructionist, and it was clear skid marks, so we would say (the vehicle) was at least 50% braking at the time, and that's a minimum," Saurino said. "If it had been more, then all four brakes could have been locked up, but I could at least confirm at least half (of the brakes) worked, and I did an unofficial test of what (Knotts) said. At 81 miles per hour, where I had tracked him, if he had just let off the gas, he would have rolled to a stop, because that's moving up a hill."
Saurino also confirmed that a Department of Highways' (DOH) sharp turn sign had been damaged by Knotts' crash on Dodson Run Road.
During closing arguments, Hawkins said, though the state did provide some evidence of fleeing and possibly reckless driving, there was not enough evidence for the court to find Knotts fled with reckless indifference to the safety of others.
Hawkins argued there was no record of pedestrians being in harm's way, of cars being hit or of property damaged besides the DOH sign, and therefore there was no probable cause to say what Knotts allegedly did was fleeing with reckless indifference to the safety of others.
Poling argued that what Knotts did was an intentional act, and that by accelerating between 80 to 100 mph and by turning on Dodson Run Road, a "curving, narrow roadway," there was probable cause that Knotts did, in fact, flee with reckless indifference to the safety of others.