A Greene County District Court judge recently denied two motions against a Carroll man, regarding a March 23rd incident.

According to court documents, the defense attorney for 31-year-old Sylvester Trotter filed motions to suppress evidence and a change of venue. The motions were from an incident that happened on March 23rd. A Jefferson Police Officer responded to a call of a reckless driver on Highway 30. 

The officer found a vehicle that matched the description and saw the driver was out of the vehicle and noticed signs of intoxication. The officer also noticed an open container of alcohol inside the vehicle. During the investigation, it was discovered that Trotter was barred from driving. He was then arrested for an aggravated misdemeanor for driving while barred, and additionally charged with a Class D Felony for his third or subsequent offense for an OWI and simple misdemeanors for failure to provide proof of financial liability and open container.

Defense attorney John Dirks claimed that all evidence following the traffic stop against Trotter had to be suppressed for a variety of reasons. The main reasons were that the officer lacked probable cause to detain Trotter, the officer witnessed no criminal activity prior to the arrest, and only after being arrested, did the officer use implied consent to search the vehicle and charge him with an OWI. 

Greene County Attorney Thomas Laehn disputed those claims. He said there was no traffic stop, but that the officer addressed the driver and a passenger at a gas station, after observing that they were out of the vehicle. Laehn claimed that the officer noticed signs of intoxication from Trotter, which gave him probable cause to arrest Trotter of being under the influence of alcohol. While at the law enforcement center, Trotter refused to take a field sobriety or breathalyzer test. District Court Judge Joseph McCarville agreed with Laehn and denied the motion.

As for the change of venue motion, Dirks claimed that since Greene County is over 97-percent caucasion it was unlikely that a person of color would be in the jury pool, therefore not allowing for an impartial jury, based on Trotter being African-American. Dirks requested a change of venue where African-Americans comprise a distinct community or as an alternative, have a jury transferred from another county. Laehn argued that by adhering to Trotter’s claim of having a person of color serve on a jury, it would render the legal system in Iowa impracticable. Judge McCarville again agreed with Laehn’s argument and denied the motion.

The case is ongoing at this time. Raccoon Valley Radio will bring you more information as it becomes official.