ROCHESTER – Lawyers for Shane Roper are asking the court to toss out evidence of the former trooper's driving history, arguing the disciplinary record is irrelevant and "would unfairly prejudice" a jury at Roper's trial.

Roper faces nine criminal charges, including second-degree manslaughter and criminal vehicular homicide, for his role in the May 2024 crash that killed Owatonna teenager Olivia Flores. He has pleaded not guilty to all charges.

In a 29-page memorandum, the prosecution says the inclusion of Roper's driving record while on the patrol — including four disciplinary actions for reckless or careless driving — should be admissible to show that Roper was aware of the dangers of inattentive driving and speeding.

In the moments leading up to the fatal crash, Roper had reached 83 mph in his squad car — more than twice the posted speed limit — without his emergency signals activated, according to the criminal complaint.

The state says while it does not intend to introduce evidence about the patrol's decision to ultimately fire Roper, it believes his past driving conduct would provide a jury insight into his state of mind before the fatal wreck.

"The State reserves the right to present all relevant information that may have been relied upon by the Minnesota State Patrol in reaching that decision," wrote Olmsted County prosecutor Michael Debolt.

Roper's defense, however, argues there is no legal precedent for the prosecution to use Spreigl evidence — the legal term for evidence of a defendant's prior bad acts — to demonstrate Roper's state of mind.

Minnesota law generally prohibits Spreigl evidence to prove the character of a defendant, though there are exceptions when the evidence demonstrates proof of motive, intent or knowledge of a topic.

"The State's proffered Spreigl evidence in the present case would serve no purpose other than to fixate the jury on Mr. Roper's alleged prior driving record — which is not at issue or on trial in this case — without context or explanation and allow the jury to hear impermissible propensity evidence regarding the Defendant," wrote Eric Nelson, lead attorney for the defense.

The defense is also asking the court to dismiss eight of the nine counts against him, including the two most serious charges of second-degree manslaughter and criminal vehicular homicide.

In briefs submitted to the court, the defense argues the state has not presented evidence demonstrating gross negligence on the part of Roper, who claims to have been pursuing a traffic violator just before the crash.

"While it may be easy, with the benefit of hindsight, to criticize Mr. Roper's decision to follow the white sedan in order to pull it over, this was a decision Mr. Roper made within the scope of his general duties as a trooper, as well as his specific mission on that day," Nelson writes.

The prosecution maintains that Roper, who was familiar with the busy Rochester intersection where the crash occurred, should have been aware of the risks of the speed at which he was traveling.

"The factual record clearly shows that the defendant's driving conduct was a heedless and palpable violation of the defendant's duty to respect the rights of others," Debolt wrote.

A date for the next hearing between the two parties has not been set. A jury trial, originally scheduled for March, has been pushed back as the judge considers the defense's request for the dismissal of charges.

Flores, a captain for the Owatonna High School cheerleading squad, died weeks before she was set to graduate.