An arrest in the departure of NYPD officer Anastasio Tsakos may raise some hard evidentiary inquiries in the analysis of Jessica Beauvais, 32. Before Beauvais raced Tsakos, she posted a podcast which not only revealed her drinking but signing off with”F**K ” The admissibility of that podcast proof is likely to be the topic of a motion by the defense prior to any trial.
Tsakos was directing traffic away from a fatal accident on a freeway in Queens around 2 a.m. when he was hit by a 2013 Volkswagen. The driver fled the scene and also Tsakos later died. In addition, there are reports that she struggled with police when being put in custody.
Once they had her in custody, she is caught on body-worn camera stating”What exactly did I do?” Court documents also estimate her as saying
“I smoke marijuana regularly. I drank 2 glasses of wine earlier today and then dropped my son off in Hempstead. I smoked a joint last night prior to my podcast which I did in Brooklyn; the podcast was from 6:30 to 8:30 p.m. I brought the bottle of wine that I had with me into this podcast. I had two shots of 1800 patron tequila. When I left, I did not understand where I was moving so I used my GPS. I don’t understand the reason why they quit me, even speeding I guess. I did hear a thump, so that I knew I hit something but I did not see exactly what it was.”
Beauvais seemed to admit to running over Tsakos as she was led out in handcuffs. She told me”I’m sorry that I hit him that he’s dead. I didn’t mean to. I am sorry!” When asked about what she’d say to his family, like his 6-year-old daughter along with a 3-year-old kid, Tsakos said”I did not mean to, I am sorry. I was coming from the studio. I do a podcast”
That podcast — and that announcement — are likely to feature greatly in any offense. The entrance may prevent an evidentiary struggle by prompting a plea agreement. But if she goes to a trial, then the defense is likely to assert that the podcast’s evidentiary value is outweighed by its prejudicial effect.
In the podcast, Beauvais is seen smoking and reportedly taking shots of Vodka while playing N.W.A.’s”F**k tha Police” The accident occurred some time later however, the consumption of the alcohol could be admissible if the time period is shut. Even the Daily Mail reported that the podcast Facebook Live occurred just hours before the fatal crash.
It’s the anti-police rhetoric which would be harder. I’d assert that this has been protected political speech and that its entrance would be highly prejudicial in this situation. There is not any evidence that this was an intentional act.
Lines like the following would probably inflame the jury:”We can fight the police too. If you’re going to shoot me, then get it on with. What I am saying you’re not likely to try me while I am still breathing. Just like N.W.A say concerning the authorities –if you’re going to kill me, at the least that I expect to take someone with me. I am one of these people. If I’m likely to go, somebody is coming”
“Why would you need a weapon to do your task,” she inquires. “If you were afraid for your life, go be a secretary at Walmart. Do us the favor. Go open up a daycare. But stop hitting us with the (expletive) justification which you just felt threatened about something…
I don’t like obstacles. That’s why I do not like working. And I don’t like principles…
We aren’t fearful of law enforcement. Like those songs, fuck the police. We would like you to understand that we have no idea about you, your mom, your kids, your wife. You are nobody. You are not for usinsecticides, cockroaches, infestations.
They adore cockroaches. Nobody asks about you. It’s just dull to watch. Good, bad or indifferent. Honestly.”
There is ample evidence against Beauvais as well as in addition to her entrance, she was driving on a suspended driver’s license at the time of this wreck, police said. According to media reports, her license has been suspended 14 occasions and she’s been mentioned for multiple driving violations. Her prices include two counts of vehicular manslaughter and DWI. She faces up to 15 years in prison if convicted.
Once again, the anticipation is that her admissions will render just a plea as a feasible choice. In this case, the full record, including the podcast, is likely to be until a judge during sentencing although the court will frequently adhere to the recommendations of prosecutors in a plea agreement.
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