ROCHESTER – The defense for Shane Roper, the former state trooper charged for his role in a crash that killed Owatonna teenager Olivia Flores, has asked the court to dismiss eight of the nine charges against him.
In a motion filed Oct. 24, Roper’s attorneys said the state has “failed to meet its burden of offering direct evidence tending to demonstrate that [Roper’s] actions, or negligence, were the proximate cause of death or bodily harm.”
Roper, 32, faces nine criminal charges related to the May 18 crash, including felony charges of second-degree manslaughter and criminal vehicular homicide. Both charges carry maximum sentences of 10 years in jail.
The only charge the defense did not ask to have dismissed is a misdemeanor for careless driving, which carries a maximum sentence of 90 days in jail.
Among the other requests made to the court, Roper’s defense asked for a change of venue outside of Olmsted County, citing the extensive media coverage of the case. The defense said “jury pools have surely been tainted and a fair trial cannot be had” in the county.
Roper’s attorney, Eric Nelson of Halberg Criminal Defense, also argued that any evidence related to Roper’s prior speeding or traffic incidents should be precluded as evidence in the case.
In the five years leading up to the crash, Roper had been disciplined by the State Patrol on four separate occasions for careless or reckless driving, including a February 2019 crash that injured another officer.
District Judge Christa Daily has not responded to the motions. Roper is scheduled to be back in court Nov. 21 for a pretrial settlement conference.