The attorney for Serghei Comerzan is asking for a judgement of acquittal.
Charlie James filed a motion with the Audrain County Prosecuting Attorneys office after a mistrial was declared last week in the case where 2nd degree murder charges were brought against Serghei Comerzan in the death of Missouri State Trooper James Bava.
Comerzan’s attorney says the evidence strongly suggests his client neither heard, nor could have even expected to hear, Bava’s siren or see his emergency lights.
Prosecutors say there was a 7 second interval early in the chase where Comerzan could have seen Trooper Bava behind him.