Driver shot by Miami cop after allegedly hitting him with car goes before judge

A driver who was shot by a Miami Police officer after allegedly hitting him with his car appeared before a judge from his hospital bed as he faces multiple charges in the incident.

Menelek Clarke, 21, is facing charges including aggravated battery on a law enforcement officer, leaving the scene of a crash with no serious bodily injury, fleeing or eluding a police officer, and resisting an officer with violence, jail records showed.

Clarke, of Lauderhill, appeared in bond court Thursday by video while laying in his hospital bed, his first appearance before a judge since he was shot on Sunday afternoon at Bayfront Park.

Family Photo

Family Photo

According to Miami Police officials and an arrest report, the officer was directing traffic near 2nd Street and Biscayne Boulevard for a concert when a BMW driven by Clarke made contact with the officer.

"The defendant began slowly driving towards officer [name redacted] who can be seen on body-worn camera using a whistle and raising his hand with his palm facing outward, signaling the defendant to stop," the report said.

But the report said Clarke kept driving and made contact with the officer, "causing him to bend forward and place both hands on the hood of the vehicle to maintain his balance," the report said.

The officer pulled out his weapon and slapped the hood of the BMW, but Clarke continued driving, hitting the officer a second time and "propelling him onto the hood of the vehicle," the report said.

As the car kept moving the officer opened fire and shot Clarke through the windshield, which was caught on camera.

The footage recorded by an unknown source shows the shooting and moments after but it does not show what happened before the officer fired shots into the car.

The end of the video shows the car comes to a stop before Clarke runs out and puts his hands up.

Clarke was hospitalized and underwent surgery. The officer was also taken to a hospital for treatment.

Clarke's sister, Sherylann Clarke, told NBC6 on Monday that she was also in the car and said her brother thought he was going to die, adding that he was wrongfully shot.

She said Menelek was looking for a parking space to attend the music festival when the incident happened.

"He was trying to move and the police officer went in front of his car again and he's moving with his car as he's moving trying to get out of his way so obviously they came into contact because he's hovering over my brother's car, touching his car. Then he pulls out his gun to shoot him," she said.

According to the arrest report, the sister told investigators the officer and Clarke were mouthing off at each other, said she and her brother were frustrated because their lane of travel was being held.

During Thursday's court appearance, Clarke's attorney said the charges against him are "overblown," saying Clarke was in bumper-to-bumper traffic going between 1-2 miles per hour.

Judge Mindy Glazer found probable cause for the battery charge.

"This officer could have been injured very badly and I guess he used his service revolver to try to protect his own safety," she said.

The defense attorney said Clarke was shot in his arm and that the bullet traveled into his chest cavity and collapsed his lung before exiting out his back.

Glazer also questioned some of the other charges.

"How's he charged with leaving the scene of a crash, they shot him" Glazer said. "Where was he going?"

The prosecutor noted Clarke also has pending cases for failure to obey a police officer or firefighter and reckless driving out of Broward.

Glazer granted Clarke a bond over the prosecutor's objection.

Meanwhile, Miami Police officials said Thursday that the officer involved was administratively reassigned.