Emanuel Perez, age 25, of 38 Falconer Ave, Milford

NASHUA — The attorney for Emanuel Perez, the 25-year-old Milford man charged with felony assault for allegedly strangling a Nashua police officer two weeks ago, has filed a motion asking a judge to order police investigators to promptly turn over evidence from the scene.

Nashua Attorney Charles Keefe also requests that the evidence — video of the incident that a second suspect captured on his phone — be “preserved” by police in the meantime, according to the motion.

Keefe alleges in his motion that police seized the phone containing the video “without a warrant” from Ivan Perez-Garcia, who was also arrested during the fracas, which broke out shortly after police arrived at the scene of a three-vehicle crash involving two cars and a school bus.

Precisely what triggered the incident isn’t clear, but police said in their reports that it began when Emanuel Perez, the driver of one of the cars involved in the crash, and three people “associated with Perez” allegedly began shouting at police before things turned physical.

Police ended up charging Perez with one count of second-degree assault — strangulation, Class B felony, and one count each of hindering apprehension or prosecution and resisting arrest or detention, Class A misdemeanors.

He was also charged with following too closely, a motor vehicle violation. Whether that alleged violation figured into the cause of the crash isn’t known.

The vehicles collided on Tinker Road between Fireside Circle and Adella Drive the afternoon of Sept. 16. Police said there were 10 children on the bus at the time, but none of them were injured. Perez and the other two drivers were also uninjured.

In his motion, Keefe, Perez’s attorney, asserted that police and prosecutors “should be ordered to preserve, and produce, all videos belonging to Ivan Perez-Garcia” relative to the Sept. 16 incident.

Keefe wrote that according to both the state and federal Constitutions, “the evidence should not be denied” Perez.

Further, Keefe wrote, it is necessary for him and Perez to be provided the video in order for Perez “to prepare a defense” in his case.

He also noted that preserving the video and producing it to the defense would not have “an adverse effect on the proper prosecution of the charges.”

Meanwhile, Perez-Garcia, 36, of 16 Wilder St., was charged with two counts of disorderly conduct, and one count each of hindering apprehension or prosecution and resisisting arrest or detention, all Class A misdmeanors.

Also arrested were Ricardo Perez, 31, and Lauren Benuck, 26, also of 16 Wilder St.

Ricardo Perez is charged with one count each of simple assault, hindering apprehension or prosecution, and resisting arrest or detention, Class A misdemeanors, while Benuck is charged with one count each of hindering apprehension or prosecution and resisting arrest or detention, Class A misdemeanors.

All three are free on bail and scheduled for arraignment on Nov. 1 in Nashua district court.

Emanuel Perez, who waived last week’s arraignment, is free on $1,000 bail.

Dean Shalhoup may be reached at 594-1256, dshalhoup@nashuatelegraph.com or @Telegraph_DeanS.

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