ROCHESTER — The defense for the fired Minnesota State Patrol trooper involved in the car crash that killed 18-year-old Olivia Flores has filed a notice of motions, including dismissal of eight of the nine charges, according to court documents filed Thursday, October. 24.

Shane Elroy Roper, 32, of Hayfield, is charged with one count of second-degree manslaughter, one count of criminal vehicular homicide and three counts of criminal vehicular operation, all felonies. He also faces two felony counts of criminal driving, one count of reckless driving and one count of careless driving.

In the motion, defense attorneys Eric Nelson and Rebecca Duren argued that the first eight counts should be dismissed for lack of probable cause. The state is required to provide evidence “to show that the defendant’s actions or negligence caused the death or bodily injury,” the defense brief states.

“Here, the State failed to meet its burden of presenting direct evidence tending to show that the defendant’s actions or negligence were the proximate cause of the death or bodily injury,” the filing states.

The motion included other orders involving evidence admitted into court, background witness information and a request for a change of venue.

The defense moved to exclude any evidence of Roper’s previous speeding or traffic incidents. They argued that the evidence is “improper propensity evidence,” or a type of character evidence that seeks to show that the defendant has acted in a certain way in the past.

Roper was involved in

four other incidents

before the fatal crash in Rochester, and he had been suspended twice from the Minnesota State Patrol, the Post Bulletin previously reported.

According to Minnesota statutes, evidence of another crime is not admissible to prove a person’s character “to prove action pursuant thereto.” However, the statute provides that such evidence could be used to show “proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of wrong or accident.”

A third defense order requests that all disciplinary, employment and management records of law enforcement witnesses be produced to the court.

Nelson argued in the fourth order that the Department of Public Safety must release course materials related to Minnesota State Patrol vehicle training.

The fifth order asks the court to strike the “surplus” from the complaint and limit the statement of probable cause “only to the alleged crimes” that Roper committed.

“Here, the state’s statement of probable cause contains a considerable amount of narrative information that goes beyond the relevant facts of this case and thus ‘colors’ the complaint in such a way as to be grossly prejudicial,” the motion said.

The defense also argues that information related to Roper’s retirement from the State Patrol is “irrelevant.”

A final order requires a change of venue or a change of venue due to the publicity of the case. A change of venue would allow the trial to take place in a different county, while a change of venue would allow the trial to take place in the same county, but the jurors would be from a different county.

“Due to extensive local and regional media coverage of the case, jury pools were certainly prejudiced and a fair trial could not be had in Olmsted County,” the order said.

According to the criminal complaint, Roper quickly approached the intersection of Apache Drive Southwest, the area where the main entrance points to Apache Mall are located. This area tends to have “very active traffic… on a typical Saturday”.

When Roper’s car was 400 feet from the intersection, the squad camera showed a green traffic signal for eastbound traffic. A larger SUV, also traveling east, entered the left turn lane to go onto Memorial Parkway Southwest, obstructing the view of vehicles turning onto Apache Drive Southwest, the complaint states.

A three-passenger Ford Focus was in that turning lane and attempted to drive through the intersection.

“Due to Roper’s excessive speed (travelling at 83 miles per hour and with full acceleration up to 1.4 seconds before impact), when the Ford Focus started through the intersection, Roper was unable to sufficiently brake or maneuver the car of the team to avoid the collision.” it says in the complaint.

Roper’s car struck the passenger side of the Ford Focus, the vehicle Flores was in, while traveling at least 55 mph. The impact sent both cars eastbound through the intersection to collide with a Toyota Rav4. There were two people in the Toyota.

Witnesses told police the oncoming vehicle was “flying.” Witnesses did not see or hear emergency lights or a siren.

According to the complaint, the driver of the Ford Focus suffered a lacerated liver, a bruised kidney and numerous additional minor injuries. The front passenger suffered a broken pelvis, a lacerated kidney and other minor injuries. The passengers of the Toyota Rav4 suffered physical pain as a result of the collision. In the team car, Roper had a passenger who suffered bruised ribs and multiple fractures in the impact.

Weeks after the incident, Roper confirmed to law enforcement that he was trying to “close the gap” between his squad car and a vehicle suspected of violating a traffic code, the Post previously reported. Roper said it wasn’t an active pursuit and he wasn’t paying attention to his speed, according to the criminal complaint. He told police he believed his lights were on.

The complaint said Roper was found traveling 135 mph in a 55 mph zone on May 18 in response to a medical assistance call.

“En route to this call, he noted to his passenger that he would likely not require medical attention and that driving in such a manner was normal behavior for him,” the complaint states.