Spokane7
61°
February 10, 2011 in City
Officer in fatal crash with pedestrian was speeding
A Spokane police officer was speeding when he struck and killed a pedestrian on North Monroe Street at West Montgomery Avenue Jan. 30, investigators said today.
Officer Gordon Ennis was traveling between 34 mph and 39 mph in the 30 mph zone when his patrol car collided with John A. Van Curler, who “was either inside or outside of the crosswalk by a matter of inches,” said Detective Dave Thornburg in a news release.
Investigators say Ennis did not have his lights or siren activated.
Detectives today renewed a plea for motorists who witnessed the crash to come forward.
Ennis said a white vehicle slowed down as it approached the crash but accelerated southbound on Monroe. A second southbound car also passed the crash and turned west on Montgomery. The second officer on scene, Elina Bishop, saw both cars and said the second car appeared to be dark colored, Sgt. Dave Reagan said in a news release.
Detectives only want to talk to the motorists about what they saw, not why they didn’t stop, Reagan said. Witnesses should call Crime Check at (509) 456-2233.
Ennis, an eight-year veteran, was responding to a “trouble unknown” call on West Spofford Avenue at the time of the collision.
Van Curler, 52, was pronounced dead at a hospital, Reagan said.
The crash is being investigated by detectives from the Spokane County Sheriff’s Office, Spokane Police Department and Washington State Patrol. Ennis was scheduled to return to work last week.
Man dies following early Saturday accident 
andjusticeforall on February 10 at 1:34 p.m.
1st off this is not a “cop hating message”
Is it really any surprise to find he was speeding with no lights or sirens going??? I know i am not the only one that has been driving & seen cops speed, turn w/out using a signal, flip lights on to get through a light…etc…Ive lived here for about 10 years now…& sadly this is nothing new.
SpokyDaBear on February 10 at 1:40 p.m.
They say the walker was maybe a couple of inches outside of the crosswalk. That’s good for Officer Gordo cuz now it was a legal hit.
Dollie12 on February 10 at 1:46 p.m.
Yesterday while driving on I-90 going 60mph (the speed limit) a state patrol passed me like I as standing still, without lights or sirens on. Is this necessary? If you are going to enforce the law, abide by the law! Same for cell phone use. Officers should not be allowed to use a cell phone while driving.
lewis8457 on February 10 at 1:53 p.m.
Actually a cop going 34 to 39 is pretty slow for what i see on a daily basis out my front window looking at North Monroe.
No lights no siren that is no surprise either that is common practice for police in this city.
Two witnesses afraid to come forward that is no surprise either. Sad state of affairs when a person won’t stop to help when really they should because they are afraid what might happen to them. I am only guessing that is why 2 different cars ran.
And so will anything happen to this officer? Most likely not and that is not much of a surprise either.
Pat O'Leary on February 10 at 1:53 p.m.
The speed is no big deal, but why no flashing lights? That would have probably saved the man’s life.
Loudin on February 10 at 2:12 p.m.
O/T: What’s w/that ‘stache, Serpico?
I thought the clean shaven/”high & tight”/Oakley shades combo was the de facto “tough guy” look. Of course, Spokane’s version of “community policing” centers on bumpers & bullets…which is far more intimidating than any $8 “Dan’s Barbershop” cut & shave.
spokanecougar on February 10 at 2:21 p.m.
As many have pointed out, I to have seen far to many times cops speeding without regard to anyone else on the road with no lights or siren on. While I am sure we have many good police officers who obey the laws of the road, to many other officers clearly don’t and have for far to long put to many other drivers and pedestrians in danger by their reckless driving. If an officer is on his way to a emergency and is going to be speeding down the road, turn on the damn lights and siren, if they are speeding because they think they can because they are an officer and hit and kill someone, then they need to be thrown in jail.
Also, anyone else think its kinda sickening to see police investigating other police? Anyone seen stats on how often they get cleared from any wrongdoing compared to normal people?
SpokyDaBear on February 10 at 2:24 p.m.
Ozzie is tough on keeping his troops in line. Shooting or running over someone is okay, just don’t cut into a car seat with a knife or else you will get fired.
They only want the witnesses so they won’t show up at big fat lawsuit filed against the city.
Too bad there wasn’t an officer around who saw the whole thing, cuz they are always a reliable witness and always tell the truth. Wait, Officer Gordo was driving. Somebody should ask him what happened?
Hey, Ozzie! Ask Gordo what happened?
Kivaari on February 10 at 2:34 p.m.
The speed isn’t an issue. What is at issue is did the officer have the light and was he on a call. It would be normal at that time of night and with light traffic to move 34-39 mph in a 30 zone without lights and especially without a siren. If there is a failure here it was that even if he had the light and the person was crossing against the light, the officer needs to use all due care and caution. If witnesses can show the officer went through a red light without emergency lights active, he has a real problem. I see big trouble for him, and that would be a shame. A big issue to me is the MTD that makes an officer have to divert his attention from driving to look at and respond on the computer. Having several radios, and cell phones is bad enough. Adding that very useful MDT is a great improvement in communications, with the nasty side effect of increases in collisions. That 2 or 3 seconds to look over at the screen is just enough to get too close to a pedestrian in the dark. At 40 mph most cars are “over driving the headlights”. meaning that often it is too late to see a hazard in the road before you can react. This is going to be a very tough call for the prosecutor and police chief.
SpokyDaBear on February 10 at 2:39 p.m.
Kivaari,
I think you are on to something. He went through the red light. One witness won’t talk cuz it would be his ass. The other can’t talk cuz his ass is dead.
They are worried someone might have seen him go through that red light and that’s why they are calling for those other cars, so they can shut them up before the lawsuit.
Kivaari on February 10 at 2:41 p.m.
Spokane cougar, Who would you have investigate the police? Are there enough officer involved collisions or shootings to justify private enterprise to establish independent investigating teams? Who would give them the authority to collect evidence, store evidence, interview witnesses, and who would pay?
Police investigate the police because they have the training and equipment to do so. If the report isn’t of good quality, then a private review can be done to show where the cops screwed up.
Kivaari on February 10 at 2:45 p.m.
SpokydaBear, Actually I think they want to find out the truth, regardless of how painful it will be for the officer. He is at great risk and certainly knows it. The victims family seems to be pretty accepting of the issue. To me the shame here would be Spokane could lose a really good cop for making a screw up. A major screw up. At least it is a good teaching moment for everyone.
lewis8457 on February 10 at 2:54 p.m.
kivaari you have already stated John might have crossed against the light but this whole investigation would make no sense if he did. The cops would a have wrote it off as another suicide by cop. In fact it would have been played to death in the media if John had been jaywalking they would have made it another courtesy message.
And the fact the investigators are saying he went through the intersection with out lights and siren would mean nothing if the light was green.
lewis8457 on February 10 at 2:59 p.m.
Kivaari if he is such a good cop maybe you will like his comment on Karl Thompson face book page about Otto Zehm homicide and the fact he was one of the cowboys that tased a suicidal man 2 summers ago who ended up jumping rather then trust the SPD again, after they lied to him and tried to attack him when he came off the wall rather then a blanket and a cup of soup.
polly on February 10 at 3:16 p.m.
He was “speeding” at 34-39 mph? How many times have I been passed by people going 40-45 mph on any street in this town? Heck, I was passed by a St. George’s bus on the way to work last week and the driver had to be going at least 45 in a 35. Technically it’s a 30 zone past Holmberg Park, but I’ve never seen anyone slow down. That bus didn’t have his lights or sirens on.
If you’re a pedestrian at night, you’d better make darned sure there are no cars coming before you step out into the street. It’s a fact that it’s hard to see pedestrians, especially if there are oncoming headlights.
It’s too bad someone had to lose his life, but do you honestly think the cop was trying to hit him? It was an accident. It sucks. Think how you’d feel if you killed someone on accident.
If all the complainers here spent as much time trying to get better street lighting as they do complaining about the cops, we’d have the brightest streets in the universe.
Kivaari on February 10 at 3:19 p.m.
Lewis, This to me is a very tough case. I am glad I am not in the system and having to deal with it. I believe I will let the system find justice. I would prefer that there were witnesses that could give accurate information so justice can be served. However, I see that if he hit the man, he does have some reasons not available to you or I. He has an MDT as part of his working conditions. MDTs are wonderful devices that save time and money and more accurately report call details to the officer. The distraction is a major issue. That 2-3 seconds and maybe even less can lead to results like this case. I have never gone on Facebook and never will. I find the whole concept of having a Facebook or page to be obnoxious.
tumtum1 on February 10 at 3:51 p.m.
Having been in EXACTLY the same circumstances as the city officer, I advise him to hire Karl Oreskovich to protect his interests. The prosecutors office charged me with Vehicular Homicide based on the crappy investigation the city police did. A State Trooper advised them of the errors in their investigation during the trial and I was acquitted.
nitro71 on February 10 at 3:55 p.m.
First thing, police are allowed to speed with their lights and sirens off. I think this needs to change myself. Pedestrians in this town need to look before they cross the road. Often time visibility is low or it’s dark and cars can’t see them well. Unfourtunate indcident for everyone involved.
Orange on February 10 at 3:57 p.m.
That’s not speeding.
Edwame on February 10 at 4:23 p.m.
I give my condolences to the victims family.
As we all know, no punishment will be given to the LEO in this case. Right or wrong, thats what will happen.
It seems that information might of been released sooner than most recent cases involving LEO’s? I am not sure what we can learn from this.
Many of us were taught to respect and cooperate with the cops, but every time their is an officer related incident, the officer lawyers up. The example is being set that is what one has to do.
Orange on February 10 at 4:30 p.m.
Here’s a lesson, don’t walk in front of cars on Monroe.
hawken on February 10 at 4:35 p.m.
So here are the facts as we have them.
1- The officer was driving as much as 10mph over the speed limit.
2- He was not operating his lights and siren.
3- He was responding to a “trouble unknown” call. Anything from a dog barking to what????
4- He struck and killed a man in a crosswalk or…. just inches outside the cross walk. In fact, the crosswalk doesn’t even have to be a “marked crosswalk” according to the vehicle code. The pedestrian had the right of way. And without lights and siren operable could not know the police vehicle was approaching at the high rate of speed.
This officer was driving with reckless disregard for the safety of people and property.
Speeding is prima facie reckless driving
Emergency Vehiles
Pedestrian Right of Way
Vehicular homicide charges should have already been filed against this officer. The elements of the crime are clearly stated above and the officer violated everyone.
He still has the benefit of a trial by jury. Nevertheless, that he has not been charged with vehicular homicide is incredible, to say the least.
zelda on February 10 at 4:35 p.m.
I find it kind of funny looking back on all those Hollywood movies where the Internal Affairs Department is regarded with contempt by other officers and that sets the scene for a tale of intrigue and deceit where the truth finally comes out.
From what I can tell, SPD Internal Affairs wouldn’t scare a three-year-old child.
spokanecougar on February 10 at 4:43 p.m.
I cannot believe I am going to say this, but I actually agree with everything Hawken just said.
See liberals and conservatives CAN agree!!!
BitofBacon on February 10 at 5:03 p.m.
Tumtum1- I seriously doubt you were driving a police vehicle.
hawken on February 10 at 5:29 p.m.
spokanecougar
You demonstrate exceptional courage going on the public record, as a liberal, agreeing with me. As they say, “May Your Tribe Increase.”
I did the same with the “New Improved Drywitt,” yesterday, when he pointed out the danger of radical Islamists taking over in Egypt.
eagleproducer on February 10 at 5:40 p.m.
If the people of Egypt want Sharia that is their business.
lewis8457 on February 10 at 5:44 p.m.
Hwaken thank you for posting the law, Too bad it doesn’t apply to the police in Spokane.
I always thought if the police are running to a call they have their lights on and if it is a major call they have lights and siren on.
Who is to say John saw Gordon but no lights on made John think Gordon would stop, but he didn’t.
Kivaari if we actually had a law that covered cops in Spokane I would be willing to see if they will file charges too but we all know they won’t in fact Gordon is probably out driving a cop car as I write this, who knows maybe Thoma is with him and they are on the way to Batty’s for a drink or two.
tumtum1 on February 10 at 6:09 p.m.
I was driving a marked police vehicle at the time. This is a matter of public record.
hawken on February 10 at 6:37 p.m.
spoketucky In response to your post.
Sharia law is mutually exclusive with democracy and human rights, especially those of women. Also, if that occurs, we will have another Iran. We should use all the influence we have to discourage another radical Islamic state. We have a legitimate interest in Egypt, as does the whole region of the Middle East.
Your position is not only shallow thinking, it is dangerous.
Albert on February 10 at 6:43 p.m.
This entire event is unfortunate and everyone is in someway grieving.
“Having been there”, when a call comes in the officer is already thinking ahead…especially a domestic violence call. “Too many variables”, i.e. what type of call, quickest route to the address, mental prep, etc. etc. This is of course not an excuse, however it is something to take into consideration. I can imagine Officer Ennis is feeling at least some remorse for this death of an innocent man.
The Van Curler family is also grieving and we all know that.
I am very impressed with the honesty of the Sheriff’s investigators. They conducted an objective investigation.
Needless to say, to render judgment is not really appropriate and in the end, everyone has already lost a great deal. Sucker of course will do nothing, thus this tragedy will pass in the dust covered hallway of the chief’s office.
SpokyDaBear on February 10 at 6:47 p.m.
@tumtum1.. you were only charged because you were clean cop who didn’t have any dirt of the other cops..
If you want to survive until retirement in this town you need to take Scumbag 101 for insurance.
SpokyDaBear on February 10 at 6:50 p.m.
Albert your theory of Sheriff relativity is uninspiring.
Better for you to stay with what you know, like reading the Spy vs. Spy comics in your Mad Magazine. You might not know what they are doing, but at least you can tell which is black or white.
lynns on February 10 at 6:57 p.m.
This is looking like it has the potential to go the way of all our other threads on this subject. Please keep the discussion on topic and refrain from reflections on the intelligence of other commenters.
—Lynn, S-R online producer
reservedparking on February 10 at 7:03 p.m.
34 to 39 in a 30 is merely going with the normal flow of traffic around here.
hawken: ‘as much as 10 over’? No, sir, 4 to 9 over. Heck, 34 in a 30 won’t even get a second look from most traffic units.
Stop massaging the facts to suit your needs.
Scoutster on February 10 at 7:30 p.m.
This is a terrible tragedy, but why must people be so quick to blame this officer?
The truth is, I bet anyone of us who has a driver’s license could have found him/herself in exactly the same position as this man. We just didn’t have a pedestrian to deal with the times we went over the speed limit in a residential area. But we could have.
This doesn’t excuse SPD training or any personal responsibility for distracted driving or other some such.
But, let’s acknowledge that at some level this was a convergence of many variables to create an awful result.
An accident.
Hcklbery on February 10 at 7:32 p.m.
@ Hawken.
Your post is concise and on point, I couldn’t agree more.
I am thinking that this case is going to be SPD’s bellwether to the Feds if Charges are not brought, and well it should be.
I at first gave the benefit of the doubt to the Officer, I not having all the facts.
The police are out of hand in the Spokane community, pure and simple and they need to be brought up by their short hairs if necessary.
THIS NONSENSE MOST STOP.
eagleproducer on February 10 at 7:42 p.m.
hawken: I don’t care what you think about Sharia. It’s what Egyptians think that matters and any meddling by the U.S. to prevent outcomes we (actually, Israel) don’t favor will only hurt U.S. interests in the long run.
I just hope this spirit of revolution comes to the U.S. and people here understand the inequality experienced by most in Arab nations isn’t that much different than the situation in the U.S. And it’s only going to get worse here unless monstrous changes in income distribution are implemented.
People thought class issues were over. They aren’t. They’ve only just begun!
WORKERS OF THE WORLD UNITE!
hawken on February 10 at 7:46 p.m.
reservedparking
Right. Let’s split hairs over 1 mph while at the same time totally ignoring all the other elements of the crime.
And I’m wondering how and why the investigators limited it to a maximum of 9 mph over the speed limit. Could that be because most officers will not write a ticket unless the violation is at least 10mph over the limit?
Whether or not you know, I do have some experience in this business, at all levels patrol and plain clothes, including admin command.
You squint at a gnat and swallow a camel.
Kivaari on February 10 at 8:02 p.m.
Spoketucy, Stay on topic. Why do people want the feds to come into issues that are covered by state law? There was no civil rights violations of the pedestrian. If anything we need to keep the feds out of every state issue that doesn’t have a direct civil rights violation written all over it. This case is extremely difficult for the police. The best thing that could have happened would have been to have 20 witnesses. That way justice could be delivered in a fair manner. I don’t see how a fair outcome can be reached without serious doubt regardless of the outcome. If the pedestrian was walking against the light, that just lessens the severity of the case. If the officer was breaking through a red light without his emergency lights activated, that is a major error. Even if he had his emergency lights on it doesn’t remove his obligation to respond safely. If this was a private citizen, and there were no witnesses, it would be a hard case for the prosecutor to make a charging decision.Can you see yourself doing it? Just think it is late at night, the light is green and your doing 4 to 9mph over the limit. and whack, you looked down at the radio dial to tune in a tune. And there is this pedestrian right in front of you. Bam! He’s dead. You are responsible and there are no witnesses to support your view or the pedestrians view. I wouldn’t want to be the prosecutor having to decide if I am going to ruin your future. I don’t see any good end to this story.
Hcklbery on February 10 at 8:14 p.m.
@Kivaari
Prosecutors make those kind of calls everyday and consistently demonstrate a charge happy make a name for themselves mentality. But to do so to a police officer is to invite CERTAIN backlash from the law enforcement community and unions come election time.
If this had been a civilian he would of been arrested and booked into jail LONG before now.
THIS IS UNACCEPTABLE.
PERIOD.
PlanB on February 10 at 8:46 p.m.
It is unacceptable, but the officer was just following standard operating procedure, as many have observed.
Unfortunate yet totally avoidable.
There needs to be a culture change in law enforcement. We need a strong mayor, city council, and police chief. We don’t have any of those.
liz7315 on February 10 at 8:47 p.m.
Im not suprised the witness wont come forward. I was pulled over by one of the state patrols here and he said he stopped me because I was speeding and then proceeded to ask me if I was the “gal that had filed a harassment report on one of his fellow officers” because he thought he recognized me. Needless to say he didnt write what “speed” I was driving at on my ticket and it was dismissed. Need I say more???
hawken on February 10 at 8:48 p.m.
Final thought.
A man is dead.
The officer violated the law in every detail according to the elements of the crime I posted above.
Probable Cause that the officer is guilty of the crime is overwhelming.
He should be charged with vehicular manslaughter.
He will have his day in court where a jury can make the final determination.
If this were not a police officer, the charge would have already been file and the offender would be in jail pending bond.
hawken on February 10 at 8:52 p.m.
Correction above; Vehicular Homicide
lewis8457 on February 10 at 9:30 p.m.
Like many of us I have been driving for 40+ years and have not yet ran into a human being. So no Kivaari it can’t happen to anyone that is actually paying attention.
SpokyDaBear on February 10 at 9:48 p.m.
Nothing should be filed against Officer Gordo, the drunken Ped and his bag of cans was four inches outside the crosswalk.
That’s fair game in SpoKop’s Deathrace 2000.
They just need to show the replay from the cop car cam to get all the points.
I think hitting the Ped is at least 50 points for the Local Police Guild. An extra 25 more points for each additional bounce the Ped did from the impact.
Go SPD.. you can win the race!
There’s more people out there. Go get ‘em!
bszottlinger on February 10 at 10:15 p.m.
Scoutster:
Good call!
SpokyDaBear on February 10 at 10:52 p.m.
@ bszottlinger.. yeah, just an accident.. who cares? Creach was killed in an accident too, same with Otto Zehm..
How come we get speeding tickets? Isn’t that an accident too? As in I accidentally went over the speed limit?
Or how about when we don’t pay our property taxes and the county takes our property? Isn’t that an accident that we missed making our tax payments?
I guess Bush accidentally invaded Iraq looking for WMD? Opps.. his goof.
Is it department policy that an officer should speed, fail to turn on his lights, fail to turn on his siren and most importantly fail to look where he is driving?
That could have been anybody’s mom, dad, brother, sister, daughter or son.
It could have been a member of his family or that of the police chief.
He knowingly choose to put the public at risk and must now face the consequences for his poor judgement.
“Stupid is as stupid does.”
bszottlinger on February 10 at 11:15 p.m.
Bear Buddy:
Unfortunately police officers often put the public at risk. It is one of the necessary evils of law enforcement. Each and every time a police officer is involved in a vehicle chase, or a shooting, or responds to a call for help even with lights and sirens going, they put the public at risk. Judgment is crucial for their position in life, and I’ll be the first to point out poor judgment, but there are just not enough facts yet for me to make that call in this case. Although others have pointed out the various State Statues that may cover this case no one has pointed this out.
RCW 46.61.235Crosswalks.
(2) No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.
SpokyDaBear on February 11 at 10:08 a.m.
@bszottlinger..
So even if the driver is speeding the pedestrian needs to either stay out of the crosswalk or if they are in it, run like hell? Because if they get hit, it’s automatically their fault?
Sure, bsz, you make a lot of sense.
Tell that to the granny in a walker, or the blind person with the seeing eye dog.
Kivaari on February 13 at 12:14 p.m.
There are NO ACCIDENTS, some one screwed up. Everyone missed the civilian hitting a 70-something woman in Seattle the other day? She was crossing against a red light (do not walk) and a mini-van took her out. The civilian driving the van was not charged. The driver could not stop in time due to blocked vision. The woman tried rushing to the sidewalk and ran in front of the van. Oops, she’s dead and that driver wasn’t using their lights and siren either. So to all of you that say a civilian will always be arrested, here is one more example of where it didn’t go your way. Time, place and circumstance all effect the charges, or lack of charges.