A Corry man accused of driving his motorcycle while allegedly under the influence of alcohol and trying to flee from police will have his case heard in Erie County Court.
Arthur J. Fuller Jr., 41, of 14461 Akam Road, Corry, was held over to Erie County Court as the result of a preliminary hearing Tuesday in front of District Judge Brenda Nichols.
Corry City Police charged Fuller July 19 with fleeing or attempting to elude police, DUI, recklessly endangering another person, aggravated assault, resisting arrest, reckless driving, failing to drive at a safe speed and failing to obey a stop sign.
One count of DUI for the highest rate of alcohol content was dismissed.
After hearing testimony from the arresting officer, Cpl. Tommie L. Beebe, Nichols found enough evidence to send the case to Erie County Court.
Beebe alleges that while he was on patrol with a male ride-along passenger at 10:16 p.m., he saw a motorcycle traveling at a high rate of speed southbound on Mead Avenue. Beebe tried to catch up to the motorcycle, but it continued at a speed in excess of 50 mph in a posted 25 mph zone.
Beebe continued to pursue Fuller, who was operating a 2003 Harley-Davidson. Beebe activated the emergency lights on the top of his patrol car. As Beebe got closer to the motorcycle, Fuller, who Beebe says was aware of police presence, accelerated away from the patrol car, according to the affidavit of probable cause.
The pursuit continued south on Lindsey Hollow Road, where Beebe terminated his pursuit due to excessive speed and he lost sight of the motorcycle.
Beebe alleges he was trying to stop near the intersection of Lindsey Hollow Road and Summit Road when he saw the suspect’s motorcycle approaching the same intersection, headed eastbound.
Fuller then headed northbound on Lindsey Hollow Road, approaching the patrol car. Beebe activated the emergency lights and positioned the patrol car in the motorcycle’s lane of traffic.
Fuller slowed down in front of Beebe and then drove up to the driver’s side door of the patrol car, which Beebe had exited. Beebe gave a verbal command for Fuller to shut off the motorcycle. When he did not, Beebe tried to restrain Fuller by grabbing him. Fuller drove from the scene while Beebe was still trying to stop him. Fuller then drove about 50 feet with Beebe on the back of the motorcycle trying to stop him, according to the affidavit of probable cause. Beebe alleges Fuller then dropped the motorcycle on its side, with Beebe still on the back, and continued to accelerate to try to get away.
Fuller was then removed from having control of the motorcycle, at which time he was handcuffed. Fuller told Beebe he was out of his jurisdiction.
Fuller was taken to Corry Memorial Hospital for blood tests to determine alcohol content.
Beebe was treated at the hospital for injuries to his elbow and arm.
Following his arrest and arraignment in front of Nichols, Fuller was sent to Erie County Prison in lieu of $25,000 cash bond. He was released on bond on July 26.