Driver shot by police after Miami officer lands on hood appears in bond court from ICU
A man seen in a viral cellphone video driving near Bayfront Park with a Miami police officer on the hood of his car appeared in bond court Wednesday morning, from a hospital bed in the intensive care unit at Jackson Memorial Hospital.
Melenek Clarke, 21, who remains hospitalized after being shot by police, is facing several charges, including aggravated battery on a law enforcement officer.
Defense: "Lucky to be alive" after shooting
"My client was shot in the right arm into the chest cavity. He has a collapsed lung. The bullet exited his back," said Clarke's attorney, Michael Orenstein.
"OK, guess he is lucky to be alive," responded Judge Mindy Glazer.
Clarke was behind the wheel of the vehicle when, according to the arrest report read by Judge Glazer, the officer attempted to direct him while he was trying to park.
"He's trying to park, and the officer is directing traffic, and he didn't stop. The officer tried to stop him — the officer then wound up on the hood, but your client didn't stop," said Judge Glazer.
Police say officer was forced to fire
Police say the officer was forced to open fire, striking Clarke multiple times. Clarke eventually stopped the vehicle, got out, and surrendered. He was then rushed to the hospital, where he remains under medical care.
Despite the serious nature of the charges, the judge denied a state motion for pre-trial detention.
"Technically, there is probable cause for aggravated battery on a law enforcement officer, since it alleges here the officer was struck by the vehicle, and the vehicle is what makes it aggravated on this case," said Glazer. "I am going to deny the state's motion for a pre-trial detention."
Glazer did grant Clarke bond.
Attorney questions officer's use of force
Orenstein told CBS News reporter Marybel Rodriguez that the defense team is still reviewing the case and does not yet have all the details. However, he said that what he saw in the video appeared to be an excessive use of force.
"We're still investigating the case," he said. "But from what I saw in the video, it seems to be excessive force from law enforcement and an excessive violent response to an interaction with a citizen."
Prior charges in Broward County
Records show Clarke also has an open case in Broward County for aggravated assault on a law enforcement officer and resisting an officer with violence.
