Felony charges for pair accused of injuring cop

Sheila McGuire, Herald Reporter
Posted 12/14/18

Two men charged in pot bust that led to injured officer

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Felony charges for pair accused of injuring cop

Posted

EVANSTON — A pair of out-of-state brothers entered not guilty pleas in Third District Court on Tuesday, Dec. 11, to charges related to a November incident in which an Evanston police officer was injured during a traffic stop. Thirty-eight-year-old Abideen Musa and 46-year-old Akeem Musa were arrested on Nov. 11 following a confrontation with several members of the Evanston Police Department. 

Shortly after midnight on Nov. 11, Sgt. Justin George stopped a Nissan Versa with Illinois plates after the car allegedly failed to yield at the intersection of Front and 2nd streets and nearly collided with George’s patrol vehicle. George’s written affidavit states that upon stopping the vehicle, he noticed an “odor of raw marijuana emanating from the vehicle.” George called for backup and he and other responding officers asked Abideen, the driver, and Akeem to exit the vehicle, which they allegedly refused to do. 

The affidavit states a confrontation over the brothers’ refusal to get out of the car continued for several minutes, until officers on both the driver and passenger sides of the vehicle opened the doors to forcibly remove the men. 

At that point, Abideen allegedly put the car in drive and began driving while officer Nikoli Knezovich, officer Zachary Marler and Sgt. George still had their hands on the men. Knezovich was able to get clear of the moving vehicle and George was able to get free after running approximately 30 feet along the vehicle. Marler, however, was unable to get clear of the vehicle and was forced to continue running alongside it as the car accelerated and turned onto the Interstate 80 onramp. 

The affidavit states Abideen and Akeem were actively punching Marler and trying to push him out of the car. Ultimately, Marler was able to get his foot onto the brake and stop the vehicle, at which point Akeem was ordered out of the vehicle at gunpoint. Abideen allegedly continued to fight until being subdued by officers. 

Marler was taken to Evanston Regional Hospital for evaluation and treatment, where X-rays revealed no fractures. 

Officers searched the vehicle and both men following the arrests and found multiple containers containing raw marijuana, along with empty plastic bags, a vacuum sealer and a digital scale. The combined weight of the marijuana and packaging was approximately 25 pounds. Also found were paraphernalia, a large machete and a Micro Drago 7.62 AK-47 pistol and loaded magazine. 

Both men are facing counts of felony interference with a peace officer for knowingly causing bodily injury to Marler, along with felony possession of a controlled substance with intent to distribute. Abideen, as the driver, is also charged with misdemeanor fleeing or attempting to elude police officers. The charges of interference and possession with intent to distribute each carry a maximum penalty of 10 years of incarceration, a $10,000 fine or both, while the misdemeanor fleeing charge has a maximum penalty of six months of incarceration, a $750 fine or both. 

Attorneys for the two men argued for a reduced bond, which had previously been set at $75,000 cash only for Abideen and $100,000 cash only for Akeem, and was based on the nature of the crime and a previous felony conviction and active extradition warrant from Wisconsin for Akeem. 

Abideen’s attorney, Tammy Fields, said he has strong family support, as evidenced by the presence of multiple family members who had come in from out of state for the proceedings, and has three young children at home in Texas. Akeem’s attorney, Kent Brown, also noted the strong family support and said his client posed little flight risk. 

Uinta County Attorney Loretta Howieson argued in favor of the large cash-only bond and said the men have no ties to the community and are likely also facing federal charges related to this incident. 

Judge Joseph Bluemel ruled in favor of keeping the amounts of the bonds in place; however, he modified the conditions to cash or surety. A trial for the two men is scheduled for March 5, 2019.