Posted on 01/10/2008 6:49:51 PM PST by RDTF
PINEVILLE, Ky. - Two teenagers were charged with murder today after they led police on a high-speed chase in southeastern Kentucky and hit a parked sheriff's cruiser, killing the deputy and K-9 dog inside, authorities said.
"That happens so often. The bad guys walk away ... too many times," said Bell County Sheriff Bruce Bennett, pausing to brush back tears. "Of course, these are young people. But still, they are murderers now."
The driver drove away from an Exxon station in Baxter without paying for $38 worth of gas at 12:35 a.m., authorities said. Police followed the car at least 10 miles west on U.S. 119, into neighboring Bell County.
State police said two state troopers attempted to stop the speeding driver on the winding highway through the mostly rural, rugged Appalachian coal-mining region.
The teen's car veered over the center line at a slight curve in the wet two-lane road and rammed into the deputy's cruiser parked on the shoulder waiting to join the pursuit. Sheriff's Deputy Sean Pursifull, 31, and his police dog King, a 5-year-old German shepherd, were killed, authorities said.
Authorities estimated the teenagers were traveling "well over 100 miles per hour when they left the road," Bennett said.
When Bennett arrived at the scene just minutes after the crash Pursifull, whom he had known since he was a boy, was unresponsive. Still, the sheriff held the deputy's hand for a half-hour as officers worked around them.
-snip-
(Excerpt) Read more at knoxnews.com ...
Why do I have the suspicion that the DA will drop charges to Manslaughter or some “involuntary” charge? Prayers for the officer’s family.
I suspect the charge might have been less than murder had it been someone other than a cop.
ping
Agreed. Tell a cop to KMA and you get assault and battery charges.
And your point is?
I don’t think so.
Makes me wonder about the charges against the passenger.
Unless they can show premeditation on the part of the passenger, I would think his charges would (and should) be reduced.
If he had no idea what had happened until the driver was speeding down the road, what choice did he have in this crime?
Cops often over arrest and over prosecute when a police officer is the victim.
See #9.
And cops usually give the benefit of the doubt to their own.
whatever. He is dead. No room in your post for that.
oh don’t worry, I saw it.
Authorities estimated the teenagers were traveling "well over 100 miles per hour when they left the road," Bennett said.
I have to question the judgment of the LEOs continuing the chase under these conditions.
$38 is certainly not worth the lives of the officers or the teens who also might have been killed.
Once the officers had the license plate number of the car they should have broken off the chase. Then they could identify the owner of the car and pick up the perps at leisure.
Just to try and fend off the flames that will certainly come my way I will say that the teens are primarily at fault and deserve what they get. But you can expect a lawyer to make the same arguments that I just did to cut their sentences.
Many LEO departments have policies that require Officers to brake off pursuit when conditions cause the chase to place the public or officer in danger if the chase continues.
It was dark (12:35 AM), wet and on a winding road in the Appalachian Mountains. There is nothing in the article that states the boys did it on purpose.
The teen's car veered over the center line at a slight curve in the wet two-lane road and rammed into the deputy's cruiser parked on the shoulder waiting to join the pursuit.
http://www.wlky.com/news/15019001/detail.html
Deputy, Police Dog Killed In Deliberate Crash
No it was almost the same thing, the cops were chasing someone over a six pack of beer. An man minding his own business is dead because a cop made a dumb mistake.
Thanks for the link. but nothing in the article states they did it deliberately.
I agree with previous Freepers who said the chase should have been called-off. At 100+mph, an arrest wasn't worth the risk. A man is dead because the pursuing officer didn't exercise proper discretion. I'm not saying the driver is innocent, but you're talking about a teenager who has as much judgement as an intern under Bill Clinton's desk.
My sympathies go out to the innocent officer and his loved ones, but this was not murder.
I was thinking the same thing....high speed chase over $38.00? If they have the license plate number,track the perps down later...
Just the same, my heart and prayers go out to the family and colleagues of the slain officer....
“but this was not murder.”
Officer discretion aside, someone was killed during the commission of a crime. That is murder.
It wasn't just a "$38 tank of gas". These punks made it clear that they weren't about to obey pretty much any law.
You aren't? You just placed the responsibility for the officer's death on the pursuing officer.
First, the pursuing officer didn't make that little piece of excrement run, and second, if going over 100 gets the cops to stop chasing, everyone who runs from cops will know just how fast to go.
Well-made.
If they have the plate...you can't outrun the radio.
Sure. It would be manslaughter or vehicular homicide if they were sober, aggravated vehicular homicide if they were drunk.
The only thing that elevates it to murder is the fact that the victim was a cop. Stealing $38.00 shouldn't be a felony to invoke the felony murder rule.
This seems more on point.
507.020 Murder. (1) A person is guilty of murder when:
(b) Including, but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person.
I withdraw my comment in Post 28. Seems to be covered by statute in Ky. See my comment at 29.
The charges will include felony eluding (of a law enforcement officer), reckless driving, reckless endangerment, speeding, possible grand theft auto, petite larceny, and at a minimum, involuntary manslaughter to voluntary manslaughter. Don’t think they can get them on premeditated murder if they didn’t deliberately aim at the police car.
However, if they are sentenced to CONSECUTIVE terms, they could be in jail for 20-40 years or more. Hopefully it will be more.
True!
How about fleeing arrest?
ah one of the famous cop haters on FR that shows up on all these threads
Not all homicides are murder.
Exactly.
You are right.
If someone is killed by a perp during the commission of a crime, legally that is murder.
If someone breaks in my house and I kill them, that is justifiable homicide, not murder.
Does it strike anyone else as strange that the title refers to the dog as a “K-9 partner”? It infers to me that the dog has equal status with the human policeman. I just found it curious.
The man's life is just as valuable as the cops nothing more nothing less, both could have been avoided if the cops had made the correct decision..
Not in FLORIDA !!!
there are some usual suspects here that hate cops and any law enforcement, and usually show up to try to wreck these threads. One has to presume that they have personal reasons for it.
What do you feel it should be?
Um, let’s see. The kid was running from the scene of a crime. Driving to endanger the public. Had full knowledge of the pursuing police and refused to stop.
Murder. I would expect to see nothing less.
Or, you could say the police were too aggressive and “forced” the kid into a dangerous situation.
I, myself, am not a big fan of police chases. $38.00 of gas is not worth the life of a LEO that is out there protecting our lives and livelihood. Not to mention the dog that can nab a drug dealer with much less danger to all.
But, the law is the law. In California they have tried, so far unsuccessfully, to force the OEM’s to include a wireless “kill switch” in the ECM’s of all vehicles to end these types of situations.
What are the options? That LEO is dead, and he won’t get un-dead. This is the direct result of that kid’s actions. Certainly he should be held responsible.
The “correct decision” according to who? You? Get real.
Gotcha.
I live near this area. The deputy who died was parked off to the side of the road, not blocking the road. The troopers in pursuit said the two punks intentionally rammed the parked cruiser killing the deputy and the dog. The road is not a winding mountain road, on the entire road from Harlan to Pineville you might have two what might be considered “dangerous” curves. The state has spent a substantial amount of money to make HWY 119 into a fairly nice drive.
The Commonwealth’s Attorney for Bell Co. is a woman who is tough as nails on criminals and if she thinks she can get a murder conviction she will push it. The entire county is very upset at the killing of the deputy, I look for defense attorney to ask for a change of venue for the two things.
Vehicular homicide or manslaughter.
Where do YOU draw the line. If someone is going 60 in a 55 and is involved in a fatal wreck, would you charge them with murder? Some soccer mom drifts across the center line while chatting on the phone?
Nothing in this story indicates that it would be anything other than a misdemeanor 520.100 Fleeing or evading police in the second degree. "(b) While operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a recognized direction to stop his vehicle, given by a person recognized to be a peace officer."
No, I wouldn’t call that murder. In your example of the soccer mom, to me that would be negligent homicide.
But, these kids were eluding the police, running from a crime scene. It’s the same thing, to me, as shooting an innocent bystander while committing a robbery. In my mind, they did commit murder. I know someone that killed a fella in a fistfight. That was manslaughter.
Drawing the line IS a very hard judgment call. I have my opinions, but I’m certainly not qualified to make that kind of final decision.
The correct decision is the one where everyone goes home. Mr. Peterson.
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