Court Affirms Conviction of Man Who Fled Police in Two Vehicles, Citing Separate Acts of Evasion
Terel King was convicted on multiple charges, including aggravated assault against an officer, theft of a motor vehicle, fleeing/attempting to elude (five counts), obstruction of an officer, reckless driving, failure to stop at a stop sign, and weaving over the roadway.
The incidents began when King attempted to evade a traffic stop while driving a Cadillac Escalade. After officers disabled the Escalade by ramming it, King fled on foot, then commandeered a bystander’s Nissan Pathfinder and continued to elude officers. He resisted arrest, was tased, and ultimately arrested.
King sought a new trial, arguing that one of the fleeing/attempting to elude counts (Count 4) should have merged with two other counts (Counts 3 and 5), claiming all arose from the same conduct.
The court analyzed whether the acts were separate based on intent, location, and timing. While Counts 3 and 5 involved fleeing in the Escalade, Count 4 involved:
- fleeing on foot,
- entering a new vehicle (the Pathfinder),
- resisting officers, and
- driving through different roads while endangering the public.
The court concluded these acts constituted a distinct course of conduct, even though the time interval was brief, and affirmed that Count 4 did not merge with Counts 3 and 5. Consequently, the trial court’s denial of King’s motion for a new trial was upheld.
