Olmsted County judge denies ex-state trooper Shane Roper's motion to dismiss charges
May 21—ROCHESTER — An Olmsted County judge will allow evidence related to Shane Roper's driving history, according to an order filed Wednesday, May 21.
Roper, 33, the former Minnesota State Patrol trooper involved in a fatal crash that resulted in the death of 18-year-old Olivia Flores, is facing nine criminal charges in Olmsted County District Court, including felony counts of second-degree manslaughter, criminal vehicular homicide and criminal vehicular operation.
The crash occurred around 5:45 p.m. on Saturday, May 18, 2024, at the intersection of Memorial Parkway and 12th Street Southwest, near Apache Mall. Flores sat in the back seat of her friend's Ford Focus when the car was struck by a Minnesota State Patrol squad car, driven by Roper.
In Wednesday's order, District Judge Lisa Hayne first denied the defense's motions to dismiss all charges. Hayne also rejected the defense's orders to require the state to produce state patrol instructor manuals and to strike "irrelevant" details from the charging document.
The defense argued in a previous court document to strike certain language in the criminal complaint, likely in paragraphs referring to Roper's driving record, his driving pattern leading up to the crash and state patrol's training records.
The state argued that Roper's driving history would be admissible Spreigl evidence, or evidence relating to a defendant's prior actions that may help prove motive or identity. According to Wednesday's order, the judge agreed with the state.
"The evidence outlined in these paragraphs ... would be relevant to show: Mr. Roper's knowledge of the dangers of excessive speed, knowledge of the speed his car was traveling right before the accident, intent to drive at a speed known to be dangerous, the dangers of inattentive driving, or lack of mistake as to the position of his lights," Hayne wrote.
Minnesota State Patrol disciplinary records revealed that Roper had been suspended twice for violating the agency's policies and procedures. He was involved in four crashes caused by inattentive driving or excessive speed.
Law enforcement revealed that three hours leading up to the fatal crash on May 18, 2024, Roper accelerated to over 99 mph while attempting to initiate traffic stops. There was a consistent pattern of Roper reaching and maintaining high speeds without activating his emergency lights or turning them off while driving at high rates of speed. The complaint said Roper was also found traveling at 135 mph in a 55-mph zone on May 18 in response to a medical assistance call.
"That is," Hayne wrote, "there is evidence he knew his driving conduct was reckless and risky but may have chosen to proceed with his conduct out of frustration with being delayed by an interfering vehicle."
The motion for a change of venue is reserved until a later date.
Hayne scheduled Roper's plea hearing for May 29.
According to the criminal complaint, Roper quickly approached the intersection of Apache Drive Southwest, an area where the primary entry points to the 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 for vehicles turning onto Apache Drive Southwest, the complaint said.
A Ford Focus with three passengers was in that turn lane and attempted to drive through the intersection.
"Due to Roper's excessive speed (traveling 83 miles per hour and at full throttle up until 1.4 seconds before impact), when the Ford Focus started through the intersection, Roper was unable to sufficiently brake or maneuver his squad car to avoid the collision," the complaint says.
Roper's squad car hit the passenger side of the Ford Focus, the vehicle Flores was in, while traveling at least 55 mph. The impact sent both cars east through the intersection to collide with a Toyota Rav4. There were two people in the Toyota.
Witnesses told police that the oncoming vehicle was "flying." Witnesses did not see or hear emergency lights or a siren.
According to the complaint, the Ford Focus driver sustained a liver laceration, a bruised kidney and numerous additional minor injuries. The front passenger sustained a broken pelvis, lacerated kidney and other minor injuries. The passengers of the Toyota Rav4 sustained physical pain from the collision. In the squad car, Roper had a ride-along passenger who sustained rib bruising and multiple fractures from the crash. Roper was also injured.
Weeks after the incident, Roper confirmed to law enforcement that he was attempting to "close the gap" between his squad car and a vehicle suspected of being in violation of a traffic code, the Post Bulletin previously reported. Roper said it was not an active pursuit and that he was not paying attention to his speed, according to the criminal complaint. He told police he did believe his lights were activated.
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