There's no way this felony will stick. It should have been two misdemeanors; one for reckless driving and one for resisting, but for switching seats and not the aggravated resisting for not stopping the car right away. The felony part of the statute is meant for high speed chases, which it doesn't sound like this was. We don't know the exact facts, but my guess is it took a while for the officer to catch up to Xavier if he was really going that fast, and if he had enough time to try to switch seats then that only confirms that the officer was far behind him when he activated his lights. I'm sure he probably did see the cop coming up on him, but that's going to be hard to prove, especially when he parked his car at his own apartment complex.