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Major charges dropped in chase case

Suspect claims mistaken identity

Almost all the charges against a 23-year-old Butler woman accused of fleeing police were dropped Monday.

Maxine Jacobson believes police lost their suspect in a car chase, then mistook her vehicle for the suspect's and arrested her. She said the mistake gave her bruises and swelling on her face and shoulder.

Butler City Police arrested Jacobson about 12:45 a.m. Dec. 16, according to a police criminal complaint. In the complaint, Patrolman Kory Fleming reported Jacobson ran a red light and then led police on a pursuit through Butler.

When she was eventually forcibly removed from her vehicle and arrested along with one of her passengers, police also found a small amount of marijuana and drug paraphernalia in the car.

However, that account of the night's events was thrown into question during Jacobson's preliminary hearing before District Judge William Fullerton on Monday morning.

After Fleming, Jacobson, Jacobson's public defender Maura Palumbi and Assistant District Attorney Amanda Scarpo met briefly before the hearing, Scarpo withdrew every charge facing Jacobson except for a single misdemeanor charge for possession of a small amount of marijuana. That charge carries a maximum penalty of up to 30 days in jail and/or up to a $500 fine.

She pleaded guilty to the marijuana charge.

The dropped charges include fleeing or attempting to elude police, possession of drug paraphernalia and two traffic violations.

Scarpo declined to comment on the case.

In an interview following the hearing, Jacobson and her partner, Jacob Martin-Rivers, explained what they believe happened that Monday night.

Jacobson said the couple were driving home from getting Christmas lights at their old house. They picked up a friend, Steve Dunmire, along the way. Dunmire was the other person arrested in the incident because he was wanted on an outstanding bench warrant.

Jacobson said police pulled her over and ordered everyone out of the vehicle. “As soon as I stepped out, they grabbed my hair and put me on the ground,” she said.

She and Martin-Rivers said they couldn't get police to tell them why they were being arrested.

“They said, 'you know what the (expletive) you did,'” Jacobson said.

The only explanation offered for why charges were being dropped, Jacobson said, was a lack of evidence. The matter wasn't discussed during the hearing.

“They know they screwed up,” Martin-Rivers said, adding that he was handcuffed at the scene, but not charged.

The couple said they are considering legal recourse.

The criminal complaint mentions that Fleming lost sight of the vehicle at one point during the pursuit before spotting it traveling fast on Brady Street. Patrolman Michael Sulerud and Lt. Anthony Fatta assisted in the arrest on scene, according to Fleming's complaint.

Maxine Jacobson

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