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Teens charged with murder after crash kills deputy, K-9 partner
Knoxnews.com ^ | Jan 10, 2008 | AP

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 ...


TOPICS: News/Current Events; US: Kentucky
KEYWORDS: doggieping; k9; kia; leo; police; rip
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1 posted on 01/10/2008 6:49:54 PM PST by RDTF
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To: RDTF

Why do I have the suspicion that the DA will drop charges to Manslaughter or some “involuntary” charge? Prayers for the officer’s family.


2 posted on 01/10/2008 6:53:12 PM PST by theDentist (Qwerty ergo typo : I type, therefore I misspelll.)
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To: RDTF

I suspect the charge might have been less than murder had it been someone other than a cop.


3 posted on 01/10/2008 6:53:27 PM PST by PAR35
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To: HairOfTheDog; SandRat

ping


4 posted on 01/10/2008 6:56:58 PM PST by RDTF
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To: PAR35
I suspect the charge might have been less than murder had it been someone other than a cop.

Agreed. Tell a cop to KMA and you get assault and battery charges.

5 posted on 01/10/2008 6:58:03 PM PST by Mr. Brightside
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To: Mr. Brightside

And your point is?


6 posted on 01/10/2008 6:59:41 PM PST by RDTF
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To: PAR35

I don’t think so.


7 posted on 01/10/2008 7:01:10 PM PST by 1rudeboy
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To: theDentist

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?


8 posted on 01/10/2008 7:01:12 PM PST by Mr. Brightside
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To: RDTF
To bad, last week in Tennessee, Greenville, we had a cop run into a car and kill a little old man. Still waiting for them to file murder charges against the deputy.
9 posted on 01/10/2008 7:01:52 PM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: RDTF

Cops often over arrest and over prosecute when a police officer is the victim.


10 posted on 01/10/2008 7:02:32 PM PST by Mr. Brightside
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To: org.whodat
aimed his car at the old guy on purpose while he was committing a crime against others, did he?
11 posted on 01/10/2008 7:03:23 PM PST by RDTF
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To: RDTF

See #9.

And cops usually give the benefit of the doubt to their own.


12 posted on 01/10/2008 7:03:42 PM PST by Mr. Brightside
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To: Mr. Brightside

whatever. He is dead. No room in your post for that.


13 posted on 01/10/2008 7:04:06 PM PST by RDTF
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To: Mr. Brightside

oh don’t worry, I saw it.


14 posted on 01/10/2008 7:04:38 PM PST by RDTF
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To: RDTF
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.

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.

15 posted on 01/10/2008 7:04:55 PM PST by Pontiac (Your message here.)
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To: RDTF
Where does it say the kids rammed the police "on purpose" as you implied?

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.

16 posted on 01/10/2008 7:08:58 PM PST by Mr. Brightside
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To: Mr. Brightside

http://www.wlky.com/news/15019001/detail.html
Deputy, Police Dog Killed In Deliberate Crash


17 posted on 01/10/2008 7:10:53 PM PST by RDTF
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To: RDTF

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.


18 posted on 01/10/2008 7:13:07 PM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: RDTF

Thanks for the link. but nothing in the article states they did it deliberately.


19 posted on 01/10/2008 7:18:12 PM PST by Mr. Brightside
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To: Mr. Brightside
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.

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.

20 posted on 01/10/2008 7:26:15 PM PST by highimpact (Abortion - [n]: human sacrifice at the altar of convenience.)
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To: Pontiac
I have to question the judgment of the LEOs continuing the chase under these conditions.

I would have to agree. They showed extremely pour judgement. High speed chases should only occur in extreme cases like murderers or bank robbers. They put many people in danger.
21 posted on 01/10/2008 7:27:48 PM PST by microgood
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To: Pontiac

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....


22 posted on 01/10/2008 7:31:41 PM PST by Kimmers
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To: highimpact

“but this was not murder.”

Officer discretion aside, someone was killed during the commission of a crime. That is murder.


23 posted on 01/10/2008 7:38:17 PM PST by L98Fiero (A fool who'll waste his life, God rest his guts.)
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To: RDTF
This was a $38 tank of gas - that's what this boils down to," Bell County Judge-Executive Al Brock said.

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.

24 posted on 01/10/2008 7:42:55 PM PST by SIDENET (Hubba Hubba...)
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To: highimpact
A man is dead because the pursuing officer didn't exercise proper discretion. I'm not saying the driver is innocent

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.

25 posted on 01/10/2008 7:49:25 PM PST by SIDENET (Hubba Hubba...)
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To: RDTF; Mr. Brightside
And your point is?

Well-made.

26 posted on 01/10/2008 8:01:24 PM PST by elkfersupper
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To: Kimmers
I was thinking the same thing....high speed chase over $38.00? If they have the license plate number,track the perps down later...

If they have the plate...you can't outrun the radio.

27 posted on 01/10/2008 8:03:01 PM PST by lightman (The Office of the Keys should be exercised as some ministry needs to be Exorcised.)
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To: 1rudeboy
I don’t think so.

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.

28 posted on 01/10/2008 8:29:27 PM PST by PAR35
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To: L98Fiero
someone was killed during the commission of a crime. That is murder.

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.

29 posted on 01/10/2008 8:42:33 PM PST by PAR35
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To: 1rudeboy

I withdraw my comment in Post 28. Seems to be covered by statute in Ky. See my comment at 29.


30 posted on 01/10/2008 8:43:56 PM PST by PAR35
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To: highimpact

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.


31 posted on 01/10/2008 8:53:44 PM PST by MadMax, the Grinning Reaper (Madmax, the Grinning Reaper)
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To: L98Fiero
Officer discretion aside, someone was killed during the commission of a crime. That is murder.

True!

32 posted on 01/10/2008 11:20:54 PM PST by fortheDeclaration (The power under the Constitution will always be in the people- George Washington)
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To: PAR35
Stealing $38.00 shouldn't be a felony to invoke the felony murder rule.

How about fleeing arrest?

33 posted on 01/10/2008 11:23:02 PM PST by fortheDeclaration (The power under the Constitution will always be in the people- George Washington)
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To: elkfersupper

ah one of the famous cop haters on FR that shows up on all these threads


34 posted on 01/11/2008 4:34:15 AM PST by RDTF
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To: L98Fiero
Officer discretion aside, someone was killed during the commission of a crime. That is murder.

Not all homicides are murder.

35 posted on 01/11/2008 4:39:43 AM PST by SeaHawkFan
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To: PAR35
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.

Exactly.

36 posted on 01/11/2008 4:58:52 AM PST by Mr. Brightside
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To: SeaHawkFan

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.


37 posted on 01/11/2008 6:40:22 AM PST by L98Fiero (A fool who'll waste his life, God rest his guts.)
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To: org.whodat
A "little old man"? If it was a "big old man" would you feel the same outrage?

What is up with the Freeper cop-bashing?
38 posted on 01/11/2008 6:42:38 AM PST by fleagle ( An appeaser is one who feeds a crocodile, hoping it will eat him last. -Winston Churchill)
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To: RDTF

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.


39 posted on 01/11/2008 6:46:51 AM PST by OB1kNOb (Support Duncan Hunter for the 2008 GOP presidential nominee. He is THE true conservative candidate.)
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To: fleagle
What is up with the Freeper cop-bashing?

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..

40 posted on 01/11/2008 6:51:18 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: PAR35

Not in FLORIDA !!!


41 posted on 01/11/2008 6:58:39 AM PST by GOYAKLA (Islam doesn't "do" normal!)
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To: fleagle

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.


42 posted on 01/11/2008 6:58:53 AM PST by RDTF
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To: PAR35

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.


43 posted on 01/11/2008 7:13:52 AM PST by papasmurf (I'm voting for FRed, even if I have to write him in.)
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To: org.whodat

The “correct decision” according to who? You? Get real.


44 posted on 01/11/2008 10:21:46 AM PST by fleagle ( An appeaser is one who feeds a crocodile, hoping it will eat him last. -Winston Churchill)
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To: RDTF

Gotcha.


45 posted on 01/11/2008 10:23:28 AM PST by fleagle ( An appeaser is one who feeds a crocodile, hoping it will eat him last. -Winston Churchill)
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To: Max Friedman

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.


46 posted on 01/11/2008 10:59:27 AM PST by sarge83
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To: papasmurf
What do you feel it should be?

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?

47 posted on 01/11/2008 12:00:18 PM PST by PAR35
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To: fortheDeclaration
How about fleeing arrest?

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."

48 posted on 01/11/2008 12:07:43 PM PST by PAR35
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To: PAR35

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.


49 posted on 01/11/2008 12:23:06 PM PST by papasmurf (I'm voting for FRed, even if I have to write him in.)
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To: fleagle

The correct decision is the one where everyone goes home. Mr. Peterson.


50 posted on 01/11/2008 12:35:46 PM PST by org.whodat (What's the difference between a Democrat and a republican????)
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