ST. LOUIS — Prosecutors said they intend to bring the case against the owner of Bar:PM to trial a week after defense attorneys filed a motion to sanction the circuit attorney's office over the case.
Prosecutors from Circuit Attorney Gabe Gore's office and attorneys for bar owner Chad Morris appeared in court Thursday, nearly eight months after a police officer crashed into a bar and Morris was arrested for alleged physical altercation with one of the responding officers. During the hearing, prosecutors said they intend to bring the case to trial but said they aren't sure if Ramelle Wallace, one of the officers at the center of the case, will appear as a witness.
The case is related to an incident on Dec. 18 at Bar:PM, a well-known gay bar on South Broadway, where a police SUV crashed into the building's façade.
After conflicting reports, police said another officer was distracted by using his police radio while driving. Surveillance video shows a police SUV driving at high speed and running stop lights before losing control and crashing into the building.
Within minutes of the crash, James Pence, one of the owners of the gay bar, had been handcuffed; Chad Morris, his partner, was arrested and later charged with a misdemeanor after an alleged physical altercation with one of the responding officers.
Thursday's hearing was the first time the two sides have appeared in court since defense attorneys filed a motion for sanctions against the circuit attorney's office.
In the motion for sanctions filed on July 16, lawyer James Wyrsch said Gore's office has refused to turn over evidence of previous incidents that would affect Wallace's credibility. In the filing, Wyrsch said it is unclear if the circuit attorney's office is trying to get that information, known legally as Brady or Giglio information, from the police department.
Wallace, who has been with the department since 2008, has not been charged with a crime.
In last week's filing, Wyrsch said the circuit attorney's office is aware of previous incidents in which Wallace was accused of assaulting citizens but has not turned that information over to the defense as required by state law. He also said it is unclear if the circuit attorney's office has done anything to try to get that information from the police department.
In email exchanges quoted in the filing, the Circuit Attorney's Office said it would provide any information given to them by the police department and any additional information could require a court order because of the police department's opposition in previous cases. When Morris' lawyers asked if the Circuit Attorney's Office had asked for that information from the police, they did not get a response, according to the filing.
"It looks like the circuit attorney has thrown up his hands after years of SLMPD refusal to provide legally mandated discovery material and has a policy and practice of shirking his prosecutorial responsibilities," Wyrsch said in the filing.
A spokesperson for Gore's office said court motions are "a one-sided representation of the issues" and the office intends to file a response. In Thursday's hearing, prosecutors said they intend to file a brief, and the judge gave them until 5 p.m. Friday to submit it.
Prosecutors told the judge they believe they have enough evidence to bring the case to trial.
Marvin Teer, Gore's chief trial assistant, was added to the team prosecuting the case.
They'll be back in court at 10:30 a.m. on Aug. 1. Javad Khazaeli, one of Morris' attorneys, said he will be asking for the case to be dismissed.
"With all the serious crime going on in the city, the fact that one of the highest ranking people (Marvin Teer) in that circuit attorney’s office is going to have to argue this motion, I want to ask the Circuit Attorney’s Office why this case requires all these resources opposed to prosecuting murders and rapes," Khazaeli said.
5 On Your Side asked Khazaeli how his client is doing.
"As well as you can expect. This happened right before Christmas. We’re more than halfway through the year, this is hanging over them," he shared.
Khazaeli added, "I think this case is a joke."
When asked for comment about the hearing on Thursday, the circuit attorney's office said it does not comment on pending matters.
There is also a lawsuit for a 2019 case on South Broadway, which accused Wallace of arresting another man out of retaliation and shattering his clavicle, left proximal tibia and fibula after an arrest. This case was settled last month.
A spokesperson for the City of St. Louis issued the following statement Friday: "It is my understanding that this litigation is still pending. We do not comment on pending litigation."
5 On Your Side reached out to the St. Louis Police Department for a statement and is waiting for a response.