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Case against driver involved in trooper death dismissed and refiled

The case against the motorcycle operator that Trooper James Bava was trying to stop before his August 28, 2015 death has been dismissed and refiled.

Serghei Comerzan, 22, was operating a motorcycle in excess of 100 miles per hour on Highway FF in Audrain County that day. Bava died after losing control of his patrol car during the chase.

In a statement by Audrain County Prosecuting Attorney Jacob Shellabarger, he stated “Although this case was scheduled for trial next week in Montgomery County, it is in the best interests of the State and in the interest of justice that this case be re-filed. This decision was made in consultation with the family of James Bava, and made with their input.”

From what can be seen in the court documents, the noticeable difference is that prosecutors added an alternative charge adding that Comerzan should have reasonably known he was running from the law.

In a statement the prosecuting attorney released, “While nothing will bring back James, the family wishes to acknowledge that the criminal case process will hopefully bring accountability to the man responsible for his death.”

Shellabarger declined any further comment on the case, other than noting that Comerzan will be allowed to use the original bond that had previously been set. A new court date has yet to be set.

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