Debate about admissible evidence continues in criminal case for ex-state trooper

ROCHESTER — The former Minnesota State Patrol trooper charged in the three-vehicle crash that killed 18-year-old Olivia Flores last year appeared in court Wednesday afternoon, Feb. 12, months after his defense filed a motion to dismiss eight of the nine charges against him.

Shane Elroy Roper, 32, of Hayfield, appeared in an overflowing Olmsted County courtroom for an omnibus hearing.

Roper is charged with five felony counts of manslaughter, criminal vehicular homicide and criminal vehicular operation. He also faces four additional gross misdemeanor counts of criminal vehicular operation, reckless driving and careless driving.

The crash occurred around 5:45 p.m. on May 18, 2024, at the intersection of Memorial Parkway and 12th Street Southwest, near the Apache Mall. According to the criminal complaint, Roper was speeding in his State Patrol squad car as he entered the intersection without his emergency lights or sirens activated. Flores was riding in the backseat of the vehicle he struck.

During the contested omnibus hearing, the state, represented by Michael DeBolt and Eric Woodford, entered 19 exhibits into evidence, including Roper’s squad car and body camera footage from May 18. Police reports and footage of his interview with law enforcement were also entered.

Roper’s defense attorney, Eric Nelson, filed a motion in October that included arguments for the dismissal of charges, the admissibility of Roper’s MSP disciplinary history as evidence and a change of venue.

The defense asked the court to set dates for written arguments related to the October motion.

District Judge Lisa Hayne requested the defense file a brief on March 14 and gave the prosecution until April 4 to respond. The court will take both parties’ arguments under advisement on April 21.

After the hearing, Dan McIntosh, who’s representing the Flores family in a civil lawsuit against Roper, said the criminal and civil cases are are operating at the same time.

“Mr. Roper needs to be held accountable for his actions that caused Olivia’s death,” McIntosh said in a brief statement to the press. “And the family understands that this is a long process. They’re committed to doing everything it takes to see this through and get to a just conclusion.”

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.

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.

"On the way to this call, he noted to his passenger that medical assistance likely would not be needed and that driving in such a manner was normal behavior for him," the complaint said.