Audrain County PA · @AudrainCoPA
2nd Mar 2018 from TwitLonger
Statement Concerning State vs. Comerzan
STATEMENT CONCERNING STATE VS SERGHEI COMERZAN
A St. Charles County jury has acquitted Serghei Comerzan of Sedalia, Mo., after a six-day jury trial held in St. Charles. Comerzan was charged with involuntary manslaughter in the first degree and felony resisting arrest for the death of MSHP Trooper James Bava on August 28, 2015, after Comerzan sped at more than 100 miles per hour on Audrain County Route FF and Trooper Bava’s patrol car crashed while pursuing the fleeing Comerzan. Audrain County Assistant Prosecuting Attorney Scott Fox and Special Assistant Prosecutor Stephanie Watson from the Missouri Office of Prosecution Services tried the case February 23-March 2 at the St. Charles County Courthouse, where the case was presided over by 11th Circuit Judge Ted House.
“Although Mr. Comerzan was acquitted of these charges, the Audrain County Prosecuting Attorney's Office took this case to trial to allow a full, fair and as complete as possible public trial,” Shellabarger said. “Showing the facts, evidence & testimony which the State believed was sufficient to prove the case beyond a reasonable doubt was necessary & conducted in an ethical, thorough & efficient manner – that’s what a trial is. Our Office aggressively prosecutes criminals when charges are supported by credible & admissible evidence and in the interest of justice under the law – and absent of politics. Our Office stands behind our prosecution, and believe the evidence supported a finding of guilty, but we respect the difficult decision this jury made. APA Scott Fox and Special APA Stephanie Watson and our team were well prepared and put their highest professional effort into this case. Audrain County should be proud of their efforts, as I am.”
"We still believe in the case, we will keep trying cases like this in the future," APA Fox added. "We grew to love James [Bava] as a prosecuting team. We did our absolute best to honor him and we're disappointed in the verdict and we're sorry we couldn't deliver it for him.”
“The jury’s verdict today does not end the Bava family’s pain at the loss of their son, brother, and fiancée,” Shellabarger said. “Although we are disappointed that the jury did not convict Mr. Comerzan, the jury should be commended for their focus, dedication and thorough commitment to fully considering the law as applied to the facts of this case. Beyond a reasonable doubt is a high standard, and for good reason. The jury had a difficult job to do, took it seriously and then made its decision – that’s what we always ask them to do.”
“Our County, our State and our communities are made safe through our law enforcement officers,” Shellabarger said. “Trooper James Bava made the ultimate sacrifice through serving and protecting the citizens of Missouri. The Missouri State Highway Patrol coordinated and executed a thorough, complete and exhaustive investigation into the manner, cause and details of the death of Trooper Bava. The best of investigations, computer forensics, data analysis and scientific research led to this case being presented in a thorough, objective and concise manner. The analysis and investigation into Trooper Bava’s death will be used to make Missouri’s dangerous highways more safe not just for citizens but also for those who protect and serve. Missourians should be proud of their State Highway Patrol.”
“Our sympathy is with the Bava family and with members of our law enforcement community in Audrain County who are hurting and continue to hurt after this tragic loss,” Shellabarger said. “Many of our County’s officers were friends of James, and this loss is personal for them and has a lasting impact. The pain of secondary trauma continues to be felt throughout our community, and echo in these first responders’ careers for years. We hope there will be healing and comfort to come for each of them.”
“I wanted to publicly thank the St. Charles County Prosecuting Attorney, Tim Lohmar and his staff for being gracious and hospitable hosts during this trial process,” Shellabarger said. “Mr. Lohmar’s office, from his victim advocates and service dog, Sully, to the paralegals and support professionals has welcomed and embraced our trial team and the Bava family. This case has been difficult for everyone involved, and the family will continue to grow and cope with this loss that will never truly heal. Their steadfast faith in God and remembrance of James’ faith, duty and courage have been a comfort during this case. I hope that our efforts in this case provide a measure of comfort in their knowing we did our best.”
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