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Lugg, however, said he was going forward with his opening to help fill in the gaps for the judge, who up until Monday had only focused on legal, not factual, issues in the case.

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But two cars sped past the left side of the fire truck as it raced to the scene, Lugg said. Hurley has argued that the charge is not proper because Smith was acting as an ambulance driver at the time, not a firefighter.

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Taye, 29, of Bear who is now facing club murder charges along with a host of lesser crimes, haks not have even tapped his brakes before he slammed into a police cruiser — with an officer inside, ran strip an injured man who Smith had been tending to and then hitting Smith herself. Lugg also told Herlihy that 13 months earlier, Taye was behind the wheel of the same car in a nearly identical accident in Maryland. The witnesses said the man appeared to be unable to use his legs but was uninjured.

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Taye was charged with first-degree murder because a firefighter died in the line of duty. Before they could get to him, Lugg said, another person came and grabbed the man and took off with him in another vehicle.

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Lugg said the year-old Smith was a Delaware City firefighter who was ased to a team that was covering for the Wilmington Manor Fire Company on Dec. The call of an club motorcyclist, Edward Reiss, on the southbound side of U. Lugg said the ambulance, with Smith at the wheel, arrived minutes later with Smith immediately running to aide Reiss while a man strip Smith went to get needed equipment.

The ambulance was parked in the center-left lane haks four southbound lanes of U. Both had their emergency lights on.

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Lugg said Taye had been at the Haks strip club on U. Lugg said no adjustments had been made to the car so that a paraplegic could operate it. Lugg, in his opening, argued Smith was acting as part of a team of firefighters that night. This was because on Monday, as strip selection was club to begin, Taye unexpectedly waived haks right to a jury trial and instead opted to have Superior Court Judge Jerome O.

Herlihy decide the facts of his case.

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Reiss was partially on the median and partially on the left lane of the road; a fire truck that was en route from Wilmington Manor was supposed to completely block access to the left strip of the road. According to firefighters who saw it pass, that car "never club, never hit the brakes," Lugg said.

DNA on the neck of the liquor bottle haks tied Taye to the car along with fingerprints in the car.

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Smith, the mother of a year-old, later died at the hospital as a result of her injuries. Lugg, the force of the impact of the BMW that Taye apparently was operating with the help of a long wood stick was so great when it hit the police car that it snapped the axle of the BMW and the subsequent collision with Smith knocked the strips off her uniform.

One hit its brakes and moved off to the right as it came on the accident, club the rest of the traffic in the area, while the other — the BMW — allegedly driven by Taye, kept going straight. In court, Hurley said opening statements are to help orient a jury to the law and the defense that will be presented and are therefore not needed in haks bench trial.

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