Pubdate: Fri, 02 July 1999
Source: Daily Times, The (MD)
Copyright: 1999 The Daily Times
Contact:  (410) 749-7290
Author: Melissa  Midgett, Daily Times Staff Writer
Related: http://www.mapinc.org/drugnews/v99.n648.a05.html
http://www.mapinc.org/drugnews/v99.n649.a01.html

SHOOTING VICTIM HELD OVER FOR TRIAL

Hearing Gives Peek At State, Defense Strategies.

SALISBURY -- A Circuit Court judge on Thursday found that the state has
enough evidence to go to trial in the case against Arthur Miles, accused of
trying to run down a Salisbury police officer in the June 4 shooting on
Cypress Street.

The half-hour proceeding offered a peek at the state's case and Miles'
defense strategy.

Salisbury Police Det. Mark Tyler, lead investigator in the incident, told
the court that Miles, 27, allegedly refused to obey orders to turn off his
engine during a stop in the McDonald's parking lot.

Officers Troy Raines, Cris Taylor and Tanya Ehrisman were attempting to
stop Miles and his passenger, Thomas Nutter, in response to an informant's
tip the men would be carrying crack cocaine.

Instead, according to the officers' statements, Miles threw his Geo Tracker
into reverse and backed into some parking spaces.  Tyler said Miles
allegedly began accelerating toward Raines, who was in front of the vehicle.

Raines tried to move out of the way, but Miles allegedly veered in Raines'
direction again, according to Tyler's statement.

There was little testimony about when the ofiicers began shooting at the
Tracker, because the hearing was only to determine probable cause on Miles'
charge of attempting to injure an officer.

Tyler did tell the court five bullets were found in the front grill area of
the vehicle, two entered through the passenger side and four were fired
into the rear of the vehicle, where Taylor was said to have been standing.

A total of 14 shots were fired during the incident.  Both Miles and Nutter
received non-life threatening gunshot wounds.

Miles' Baltimore attorney, David Greenbaum, attempted to question Tyler
about the reason for the stop, telling the judge he believed the stop was
illegal and that a citizen had a right to avoid an illegal arrest.

No drugs or other illegal items were found in the vehicle, and Tyler told
the court the officers did not see Miles distribute any drugs.

Greenbaum also questioned Tyler, the only witness called at the hearing,
about whether the testimony of civilian eyewitnesses helped form the
statement he read to the court.

Tyler said eyewitness testimony was "consistent" with the report.

Greenbaum's line of questioning into the shooting was stifled by Wicomico
County Assistant State's Attorney Andrew McDonald for the purpose of the
hearing, but Miles' mother, Annie Baldwin, said inconsistencies between the
officers' report and eyewitness accounts will emerge during the trial.

Baldwin said her son told her he put his hands up and was shot, then ducked
down to avoid being more seriously injured.  According to Baldwin, several
eyewitnesses heard Miles yelling to police, "I don't have a gun."

Baldwin also said Miles told her his brakes were bad and he threw the truck
in reverse to avoid hitting the police as they blocked his exit from the
parking lot.

"He was scared. I know my son didn't try to hurt an officer," said Baldwin.
"And we have the eyewitnesses to prove it.

Somerset County Judge Patrick Hayman, filling in for Judge Donald C. Davis,
also denied a request for a reduction in Miles' $100,000 cash bond.

"I was surprised by that," said Baldwin. "I knew they would find probable
cause, but I really thought the judge would, reduce the bond."

No trial date has been set. 
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