Inv. Theetge Testifies at Trial of Woman Accused of Causing Critical Injuries
ELMIRA, NY (WENY) -- The prosecution rested on Wednesday, March 12th, after calling several witnesses to the stand for the trial of the woman accused of critically injuring a Chemung Co. Sheriff's Office Investigator with her car last year.
While working a retail theft detail on March 29th last year, Inv. Michael Theetge chased a shoplifting suspect, later identified as Dominick Haley. That's when Theetge and Haley landed on the hood of Fatiuna Massaline's car at the Target parking lot in Big Flats. Massaline, who was waiting for Haley, allegedly sped up, then hit the brakes causing both men to fall off the car, causing Inv. Theetge to hit his head and suffer a brain injury.
Testimony got off to a slow start but picked up in the afternoon Tuesday. The prosecution is trying to prove that Massaline acted to prevent officers from doing their job, thus causing serious physical injury. The defense claims the prosecution can't prove that Massaline intentionally interfered with law enforcement.
The prosecution called more witnesses to testify, including Investigator Michael Theetge. Inv. Theetge testified that he still feels the emotional, physical, and mental impacts of what happened on March 29th, 2024.
"I had to learn how to walk again. I had lost that ability so it was starting from ground zero where I had to relearn everything and push through that," said Inv. Theetge. Theetge continues to receive treatment and rehabilitation for his injuries from the incident.
When asked if he recalls what happened on 3/29/2024, he said he doesn't remember the event at all.
A trauma and acute care surgeon with Guthrie testified about the Glasgow Coma Scale (GCS) and how on the night Inv. Theetge was airlifted to Robert Packer Hospital after the incident, he was rated a three out of 15, the lowest score possible.
"It essentially gives someone a score based on what their eyes are doing, if they're able to verbalize or speak, and if they're moving at all. If they're doing nothing across all systems, they only get one point for each. So that would equate to a GCS score of three," said Dr. Alexander Johnston.
Before any witnesses took the stand, the defense team said during opening arguments that the jury should listen to all of the facts, and not let the emotions of witnesses guide them to a verdict. The defense also argued that the prosecution doesn't have enough evidence to meet the burden of proof.
The defense has an opportunity to call witnesses starting Thursday, March 13th.
Massaline faces charges of second-degree assault and assault on a police officer. Haley was not called as a prosecution witness. He is scheduled to be sentenced on April 14.