February 1, 2011 in City

Officer in fatal crash is 8-year veteran

By The Spokesman-Review
 

The Spokane police officer who struck a pedestrian with his patrol car Sunday night submitted a blood sample and is on paid leave.

The officer, whose name has not been released, is an eight-year veteran. He was taken to the Public Safety Building after the crash and was asked to provide the blood sample, which is routine in serious injury or fatality collision probes, police said.

Test results will be available in six to eight weeks.

The victim, John A. Van Curler, 52, was pronounced dead at a downtown hospital.

Van Curler was struck at or near the intersection of North Monroe Street and West Montgomery Avenue about 10:30 p.m. on Sunday.

Investigators have not said if the officer was driving with his lights or his sirens on, or at what speed.

He was responding to a report of trouble unknown at a house on West Spofford Avenue.

40 comments on this story so far. Add yours!
  • Kivaari on February 01 at 3:35 p.m.

    Notice he did give a blood sample.

  • DHF on February 01 at 3:38 p.m.

    Being a former nurse It does not take 6or 8 weeks to to find out if alcohol or drugs were present. They can determine that in hours. What are they trying to do give him time to make up a good story. Or go on vacation. I cant believe this BS.

  • de3 on February 01 at 3:47 p.m.

    According to KXLY, two witnesses said there were no sirens, and one said he saw the car and there were no emergency lights on at the time.

    Please see
    http://www.kxly.com/news/26683881/detail.html

    Perhaps the SR could send a reporter around to the locations they described and see what they could dig up.

  • SpokyDaBear on February 01 at 3:49 p.m.

    Notice, Kivaari is again the master of the obvious…

    6 to 8 weeks sounds about right for this police force to figure out anything….

    Most likely the blood sample will be lost…

    What about the breath analyzer?

    Guess that would take about 6 to 8 weeks for the on the spot machine to tell if he was drunk or not…

    I suspect it is neither, but rather he was typing info in on his laptop computer and trying to read it while driving…

    Just another case of distracted driving….

    It is always the police hitting someone…

    You never hear of the fire department or Ambulances hitting anyone…

    Why?

    Because in an emergency they drive with their lights flashing and their sirens blazing…

  • BitofBacon on February 01 at 4:21 p.m.

    DHF-We’re so glad you’re a former nurse and know everything. You can do a blood screen in a short amount of time but to have it done at the state toxicology lab it takes a little while longer. And you do want it done right, right?

  • Cheezwhiz on February 01 at 4:30 p.m.

    Sweet! The State Toxicology Lab is going to test their own boy’s blood! Wouldn’t think they would send a little sample to an independent lab, would you? Just so the public would trust the results?

  • Orange on February 01 at 4:48 p.m.

    Wow the paranoia in Spokane is high. Get off the Meth people,

  • Kivaari on February 01 at 4:52 p.m.

    The state lab is a certified lab that follows the rules of evidence not found in private labs or hospitals. There is no need to do a BAC since a blood draw will show a higher %. For all we don’t know is they may have given him a PBT and it showed 0.0%.
    If the blood were taken to a private lab that technician would have to be court certified, and most are not so certified. The master of the obvious, was because so many people were saying the police would not do testing. I just preempted them.

  • crazyivan44 on February 01 at 5:10 p.m.

    Let’s not try to see what the toxicology results of the deceased are, or review the video recorder in the vehicle if it has one, or dare think maybe there is a really really really good reason he did not have his lights or siren on. Nope, let’s just crucify him right there on the spot as a thank you for 8 years of dedicated service to the city without giving him due process like every other American citizen is afforded.

    I see someone is even able to deduce that it is beyond any doubt a case of distracted driving, those are impressive detective skills. By the way, blood tests are immensely more accurate than a breathalyzer and are more logical to use in a case involving serious injury/fatality.

  • crazyivan44 on February 01 at 5:12 p.m.

    I took too long to type, you beat me to it Kivaari!

  • Cheezwhiz on February 01 at 5:36 p.m.

    Is the State Lab certified by Ozzy, or Kirkpatrick? Or both? Just to let you know, some of the public has trust issues with the boys in blue, investigating and prosecuting the boys in blue. Now we find out the blood tests are evaluated by the boys in blue. “Don’t worry, I’ll pull some strings.” “Hey buddy, I need a favor.” I’m sure none of that goes on between a couple agencies that deal with each other, every day, all day. Ever hear of the “Old Boy’s Network?”

    You would think they would send a couple samples to a couple independent labs, just for public trust.

  • SpokyDaBear on February 01 at 5:41 p.m.

    so according to crazyivan if someone is drunk or otherwise impaired then it’s okay to run them over with a car?

    Uh? What about blind people with seeing eye dogs?

    Or the hearing impaired?

    That’s why police are supposed to flash their lights and blaze their sirens, so innocent people don’t get killed.

    This isn’t Death Race 2000….

    And if the police choose for whatever reason not to blaze their siren or flash their lights, then they better be even more careful not to hit anyone.

    Crazyivan.. it’s not rocket science.. just common sense 101

  • eagleproducer on February 01 at 5:48 p.m.

    Kudos to the officer for providing a “voluntary” sample.

    Are officers subject to the implied consent law of Washington while on duty?

    I think it is always voluntary to give any body fluid sample under any circumstances. Am I wrong? Aren’t we protected from helping the state prove a case?

  • Kivaari on February 01 at 6:13 p.m.

    If an officer is arrested for DUI they have the same rights and implied consent as you. So if he refused a BAC test, he would loose his license just like you. Even you can at your own expense have blood tested. Cops love it because the test always returns with a higher reading then a Breath Alcohol Count. Blood draws paid for by the defendant do not replace a breath test. So if you don’t take the BAC, you lose.

  • Gato on February 01 at 6:27 p.m.

    So, the city police are crooked, the sheriff’s office is crooked, and so is the state lab. And the MLK bomb was planted by city employees who wanted the glory for finding it, plus it’s all designed as a diversion from the latest cop shooting, and the SR is in on it because the police reporter answers directly to the Cowles family, who report to the police.

    Some people need to put more tinfoil over their heads, and recalibrate their meds.

  • Ron_the_Cop on February 01 at 6:27 p.m.

    OK I posted this answer in the other thread. See the Critical Incident Protocol re alcohol/drug testing page 15:

    http://tinyurl.com/683qo7u

    The answer is “muddied” in the language. It could definitely be more specific. This language needs to be reworked. I actually negotiated a drug testing policy when I was president of our police union that gave the police admin what was necessary and appropriate and still protected the rights of the involved officer.

    As it’s written right It leaves some wiggle room between the criminal investigation and the IA review depending on the agency involved.

    The question is whether the left hand will coordinate with the right hand?

  • SpokyDaBear on February 01 at 6:41 p.m.

    @Kivaari so now it’s a DUI?

    Applause on your great detective work.

    Why are you convicting the poor guy? You don’t have all the facts? You don’t even live here.

  • de3 on February 01 at 6:45 p.m.

    The state crime lab has quite a reputation - or not.

    http://www.seattlepi.com/local/166059_melnikoff24.html

    “State Patrol and crime-lab officials downplayed a scathing internal audit that raised questions about 30 out of 100 drug-analysis cases handled by Melnikoff at the Spokane crime lab between 1999 and 2002.

    The audit’s conclusion that he did “sloppy work” that seemed to be “built around speed and shortcuts” was not a firing offense”

    And from http://www.merchantcircle.com/blogs/Law.Office.of.James.Edmund.Oliver.253-592-2812/2007/11/Another-Washington-State-Crime-Lab-Fiasco/46043


    More employees at the Washington State Crime Lab have been caught lying, casting into doubt thousands of DUI breath test results. http://www.theolympian.com/breakingnews/story/244963.html.

    The short story is that Ann Marie Gordon was a manager at the Washington State Crime Lab. Part of her job was to test solutions used to verify the accuracy of breath test machines used to test allegedly drunk drivers.


    note - the link in that story is a dead link. But Google her name and you’ll find much more including allegations that 1,000s of people were wrongfully convicted of DUI.

  • SpokyDaBear on February 01 at 6:51 p.m.

    Great post De3!

    If only our press could do the same….

  • Bob_Knows on February 01 at 6:55 p.m.

    This blood test will be done by the same State Criminal Lab that admitted falsifying blood test data, falsifying reports, and committing perjury in thousands of DUI cases all across Washington State. Their lies and $5 will get you coffee at Starbucks.

    Meanwhile the murdering blue gun thug is rewarded with 6 weeks of additional paid vacation. His only regret is that golf season hasn’t started yet in Spokane.

    We the people still want to know. Does killing a “civilian” with a car count toward making “ACE Pig”? Or do they only count murder by guns or clubs?

  • Cheezwhiz on February 01 at 7:05 p.m.

    There’s an eerie silence in the room.

  • Kivaari on February 01 at 7:07 p.m.

    Spoketucky, I was asked a direct question about officers getting arrested for DUI and responded to it. I recommend you read all of the posts to see if later ones actually are trying to be helpful. I don’t know enough about this case other then I don’t think the officer was impaired (that’s my guess) he wasn’t drinking and I doubt if he was impaired by any other substance. If the victim was impaired, that could be a contributing factor. But aren’t you all rushing to judgement again?

  • DHF on February 01 at 7:20 p.m.

    (BitofBacon) I dont have all the answers but I worked for the State of Wa. for almost 39 years. What I am saying is that You dont have to have a state certified lab do accurate blood work . It might make you feel better but the same results could be obtained at other Labs or Hospitals with the results being the same. It is because they are contracted to have a . specific Lab to do the work. Thats why they have a Backlog.

  • Bob_Knows on February 01 at 7:24 p.m.

    No matter what Shinola the blue turkeys try to shine this turd, the bottom line is that another good man is dead. Every week, week after week, one way or another, the blue gun thugs kill another good man. The City Council and media propaganda calls it “Public Safety” but week after week they kill and kill and kill, and pay for it by stealing our money. A lot more good men of Spokane would be alive today if the lot of them had been run out of town on a rail after they murdered poor Otto Zehm.

    What will it take? How many dead men does it take for the people to rise up and stop their violence and killing?

  • opeled on February 01 at 7:28 p.m.

    probably talking on his radio/cell phone and didn’t see him

  • Scoutster on February 01 at 7:45 p.m.

    I am glad to know this officer submitted to a blood test.

    I am also inclined to believe there will be nothing objectionable in the officer’s blood.

    It is the effectiveness and transparency of the process that is of concern to me. I don’t believe in Cowles Conspiracies, Trickle Down Economics or Unicorns. But even if I did believe all those things, it is much better to argue them with data and fact than suspicion and innuendo.

    It is in the LE community’s best interest to be open and thorough. And our right and responsibility to demand it.

  • DickAdams on February 01 at 7:58 p.m.

    In my previous life I required employees who were suspect of drinking on the job to have a blood test and results were received within 24 hours. Covering a period of at least 12 years.

  • nslopeofw on February 01 at 8:50 p.m.

    Do they check his cell phone and computer records for the time of the accident? I think he may have been preoccupied, but i doubt he was drunk.

    I know the boys in blue are trigger happy here, and we find it hard to trust them, but if this is an accident, we as citizens are making it hard for the PoPo to just tell the truth in what happened.

    I hope this was an accident, but it is hard to not look at it as another cover up for the team, by the team.

  • SpokyDaBear on February 01 at 8:53 p.m.

    @scoutster why would anyone have to convince you? You have no power or influence in this town.

  • crazyivan44 on February 01 at 9:23 p.m.

    SpokyDaBear, you certainly enjoy taking giant leaps to make assumptions. ;-) No I do not believe your absurd insinuation about running drunk people over being ok.

    If you test the officer’s blood you test the blood of the deceased, that’s objective investigation. He may have been walking in a lighted crosswalk with the right of way, he may have been jaywalking against the light. Just like the cop may have been doing everything as he is supposed to or he may have been violating every protocol in the book. At the time of my original post I had not seen anything to indicate either despite a few folks suddenly convinced that the plausible explanation is that the cop was DUI and snorting coke off the dashboard while playing world of warcraft on his vehicle computer (ok ok, embellishment added).

    Have fun twisting my words again, I’m going to bed.

  • de3 on February 01 at 9:26 p.m.

    I sincerely doubt the officer was DUI or on drugs of any type.

    A far more likely explanation is that it was dark, and the car was trying to avoid one of Spokane’s famous car swallowing potholes.

  • PlanB on February 01 at 9:30 p.m.

    The problem is the culture. I have observed literally hundreds of examples of SPD, WSP, Sheriffs, driving like complete and total maniacs with total disregard to public safety, regardless of lights or sirens, where accidents have only been avoided by evasive action on the part of other drivers/pedestrians. Just another case of law enforcement living in a different reality.

    Except once again, someone is dead and it’s not the idiot that caused the problem.

  • lewis8457 on February 01 at 10:56 p.m.

    I did notice tonight the street light on the SW corner is out making that area a bit darker then normal.

    Kivaari you still don’t get it this is SPOKANE you said

    “If an officer is arrested for DUI they have the same rights and implied consent as you. So if he refused a BAC test, he would loose his license just like you”.

    Your wrong he will not lose his license instead his buddies will give him a ride home. We have already seen that played out with officer Thoma. And he was drunk and ran from a accident he caused. Never lost his license.

    That is the point i keep showing you. the laws you used to enforce are not here in Spokane we have cops that can do any they want …..period. The laws that Govern us DO NOT govern them. and frankly if they REALLY did we wouldn’t be having this discussion.

  • SpokyDaBear on February 01 at 11:23 p.m.

    @Lewis

    So true and well said.

  • BitofBacon on February 02 at 7:56 a.m.

    Lewis-once again you make stuff up-Thoma did not refuse the breath test and did not get a ride home from his buddies. See any difference there?

  • lewis8457 on February 02 at 8:07 a.m.

    Bits i never said anything about Thoma refusing a breath test he didn’t loose his license that is what we were talking about.

    Also SR reported at the time his buddies gave him a ride home instead of to jail where any normal citizen would have been taken.

  • BitofBacon on February 02 at 1:17 p.m.

    OK, Lewis, I will try one more time to educate you-Thoma was cited and released by WSP. I know you don’t believe it but it happens with citizens all the time. He went to court and justice was meted out. Once again, just because you don’t like the outcome doesn’t mean it was wrong. And you don’t automatically lose your license unless you refuse the breath test.

  • lewis8457 on February 03 at 9:17 a.m.

    Bacon Yes you are correct. I Stand corrected. But as you can see according to law it will be suspended at some point, was Thomas license ever suspended?

    what was Thomas alcohol level do you know?

    Driving under the influence (DUI) refers to operating a motor vehicle while affected by alcohol, drugs, or both. This applies to both legal and illegal drugs, including prescription medication and over-the-counter drugs.

    How is DUI determined?
    If DUI is suspected, the amount of alcohol in the driver’s blood is measured by a breath or blood test. The driver will be cited for

    DUI if the results are:
    · .08 or higher for adults.
    · .02 or higher for minors (under 21).

    What can I expect if I’m stopped for DUI?
    If you’re stopped for suspected DUI, the law enforcement officer may:
    · Ask if you’ve consumed any alcohol or drug-related substances.
    · Ask you to take a field sobriety test.
    · Ask you to submit to a breath test. If your blood alcohol content is .08 or higher, you may be cited and taken to jail. You also may request to have a blood test.
    If you refuse to take the test, your license will be revoked. When you operate a motor vehicle in Washington State, you automatically give consent to have your breath or blood tested if a law enforcement officer believes you have been driving under the influence of alcohol or drugs. This is Washington’s Implied Consent law.

    DUI license suspensions
    Will my driver license be suspended immediately after I’m stopped for DUI?
    No. The amount of time until the suspension takes effect depends on the type of offense.
    How long will my license be suspended?
    Your license may be suspended from 90 days to 4 years, based on prior offenses and your blood alcohol level.

    http://www.dol.wa.gov/driverslicense/dui.html

  • lewis8457 on February 03 at 9:19 a.m.

    Really A citizen that is drunk hits a car and leaves only to be chased down by other drivers would just be released and sent home by the WSP? Really? Did they let him drive home too?

    Come on Dan you know that isn’t true, only a drunk cop can get away with that.

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