Canton man ordered to trial
A Canton Township man did not appear at his preliminary hearing Wednesday but was nonetheless ordered to stand trial on charges he injured two state troopers trying to take him into custody when he failed to stop for police for a traffic violation.
Jay Harris, 70, of 1809 Virginia Via, was ordered by District Judge David Mark to stand trial on charges of aggravated assault, resisting arrest, fleeing or attempting to elude police and several traffic violations stemming from the Aug. 20 incident.
His attorney, Keith Owen Campbell, would not disclose where Harris is, but authorities are aware of his location. Mark said he would not issue a bench warrant.
Trooper David Hunt testified he first spotted Harris’ car making a left turn from Route 18 (Park Avenue) to Franklin Farms Road in North Franklin Township. Hunt remained behind Harris’ car, watching him cross the center line at least once.
When Harris reached the intersection of Route 40 (West Chestnut Street), Hunt said he again turned left without using his turn signal. Hunt then activated his emergency lights and sirens in an attempt to stop the driver. Harris’ speed increased to about 50 mph before he turned onto Ellwood Park Road in Canton Township, the trooper testified.
Hunt said Harris tried to pass another vehicle before hitting a curb. After accelerating, Harris’ car hit another curb and went down an embankment. The trooper parked his cruiser, the emergency lights still activated, and ran down to Harris’ car. He said he went to the driver’s side but couldn’t access the door because of heavy brush and shrubbery.
“After I couldn’t get to him, I tried to get around to the passenger side,” Hunt said. “The driver put the car in reverse, and I went under the tire. I started banging on the vehicle and told him to put it in park.”
Hunt said the boot on his right foot got stuck between the shock absorber and rear passenger tire.
Trooper Christopher Campbell came down the embankment and checked on Hunt before removing Harris from the car. Trooper Campbell testified he had to force Harris from the car, and Harris struggled with him as he tried to place the Canton man in handcuffs.
Hunt said another trooper and firefighters freed him from the car. He suffered sprains and contusions. Hunt returned to work Monday. Trooper Campbell said he injured his wrist but did not miss any work. Harris was injured in the crash, and Hunt said Harris’ injuries were consistent with hitting the windshield or steering wheel.
Harris’ defense attorney argued the charges of aggravated assault, resisting arrest and fleeing from police should be dismissed against his client, contending the prosecution did not show Harris intended to hurt the troopers. He said his client may not even have been aware that the trooper was near his car.
Jerry Moschetta, assistant district attorney presenting the case, countered that it was unreasonable to believe Harris did not know the trooper was there because police followed him for a mile. Moschetta also noted Harris tried to pass another vehicle while being pursued by police.
Attorney Campbell said he agreed to proceed with the hearing although his client was not present.
“It is not all that unusual,” Campbell said of his client’s absence.
Campbell maintains Harris was an elderly gentleman who in no way intended to hurt anyone.
Harris remains free on his own recognizance after Mark declined to set bond as requested by the prosecution. Moschetta argued that bond should be set because Harris did not show up for his hearing. Campbell noted he informed the prosecution prior to the start of the hearing during a conference in the judge’s chambers of his client’s whereabouts. Moschetta countered they have no confirmation as to Harris’ location.