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February 12, 2011 in City
Probe into officer’s killing of pedestrian continues, but vehicular homicide standards high
For a vehicular homicide charge to be filed against a Spokane police officer who hit and killed a pedestrian last month, investigators must show that he was intoxicated, driving recklessly or driving with a flagrant disregard for the safety of others, according to Washington law.
Authorities said this week that Officer Gordon Ennis, an eight-year veteran, was driving between 34 mph and 39 mph in a 30 mph zone without his emergency lights and siren on when he struck John A. Van Curler, 52, at Monroe Street and Montgomery Avenue on Jan. 30.
Toxicology results from a blood-alcohol sample submitted by Ennis are pending.
High speed can be a factor in vehicular homicide charging decisions, but Ennis was driving just slightly over the speed limit.
“Is 34 to 39 driving down Monroe a willful or wanton disregard for life? No. That’s the average speed on Monroe,” said Spokane County sheriff’s Detective Dave Thornburg, who is investigating the incident with a team from the Sheriff’s Office, Spokane Police Department and Washington State Patrol. “It’s not that I’m a fellow officer and I want to protect him. If we had probable cause that night, we would have made an arrest.”
On June 10, a pizza delivery driver who was slightly speeding ran a stop sign and crashed into another vehicle, killing a 9-year-girl; the driver received a $500 ticket for negligent driving.
The victim, Olivia Chaffin, was a passenger in a car driven by her father, Richard Chaffin, who Thornburg said also was speeding before the crash at Monroe and Hazard roads in north Spokane County.
Deputy Prosecutor Mary Ann Brady, who handles felony traffic cases, said Echo Henderson was only slightly speeding and that running a stop sign, while a bad driving error, is not criminally negligent.
“Ordinary negligence is not sufficient in the state of Washington to sustain a vehicular homicide,” Brady said. “You have to show more than just ordinary negligence.”
Brady on Friday declined to discuss Ennis’ crash, citing the pending investigation.
But, she said, “Every case is evaluated, regardless of who is involved.
“It may seem counterintuitive to some people that somebody dies as a result of an accident and there are no criminal charges,” she said. But, “I have to go on what the law says.”
An internal police investigation will look at whether Ennis was following procedure by driving without his lights and siren activated.
Spokane Police Department policy calls for officers responding to routine calls to observe traffic laws and drive without the use of lights and sirens. Officers are to use their discretion when activating emergency equipment for other calls.
Ennis was responding to a report of “trouble unknown” at a home on West Spofford Avenue. He’d been at the home about 90 minutes before for a similar call but hadn’t found anything unusual, Thornburg said Friday.
Investigators can obtain a blood sample only if they suspect a motorist is intoxicated. In Ennis’ case, he volunteered to submit a sample because investigators had no reason to believe he was intoxicated.
Investigators believe Van Curler “was either inside or outside of the crosswalk by a matter of inches,” according to a news release.
Thornburg said detectives are still trying to determine if Ennis had a green light or if Van Curler had the right of way. He declined to say what Ennis told investigators.
Detectives also are still trying to find two motorists who witnessed the accident.
Ennis said a white vehicle slowed down as it approached the scene but accelerated southbound on Monroe. A second southbound car also passed the scene 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.
“We want to know what they saw. We don’t care why they didn’t stop,” Thornburg said. “Just please, come forward.”
Witnesses should call Crime Check at (509) 456-2233.
Human trafficking suspects released 
lewis8457 on February 12 at 7:25 a.m.
Please come forward so they can make sure you don’t make it to trial if there is one.
misjustice on February 12 at 7:47 a.m.
lewis is a POS when it comes to law enforcement & any story about them.
BitofBacon on February 12 at 7:54 a.m.
Gramma-I didn’t think you talked like that. But I like it.
TheRoyLarsen on February 12 at 7:57 a.m.
Lewis is Janitors United Local 314 legal representative.
lewis8457 on February 12 at 7:57 a.m.
yes gramma that way bits doesn’t have to think, he can just agree with you.
Why do you think 2 different witnesses have not come forward?
lewis8457 on February 12 at 7:58 a.m.
sorry TheRoy i got laid off now i am a unemployed dead beat like you.
hawken on February 12 at 8:01 a.m.
Absolutely NOT true. Under the influence does NOT have to be proven, nor even involved.
RCW 46.61.520
Vehicular homicide — Penalty.
(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
Either the SR has made a false assumption or they are listening to someone who has made a false assumption. Or neither have even read the law.
hawken on February 12 at 8:40 a.m.
My mistake Meghann…. I misread the first the first, 4-line sentence which is also a paragraph. What you wrote is exactly what the statue says as I posted above.
Kivaari on February 12 at 8:41 a.m.
Hawken, It is one more poorly written article. If you read the law as you posted it, it makes sense. As the SR wrote it doesn’t express the law.
Kivaari on February 12 at 8:45 a.m.
Lewis is/was a legal representative for Janitors local 314? With his understanding of law, I can understand why he would no longer be a legal rep. Would you want him to help you in any case?
JBlim on February 12 at 8:50 a.m.
Not to defend cops but doesn’t everybody drive between 34 mph and 39 mph in a 30 mph zone?
Kivaari on February 12 at 8:50 a.m.
Lewis is/was a legal representative for Janitors local 314? With his understanding of law, I can understand why he would no longer be a legal representative. Would you want him to help you in any case? Would you trust him evaluating complex contract law, let alone criminal law?
This is a tough case. Despite Lewis saying the witnesses are better off in hiding, the police would want them. Even if they have negative information, it will remove any cloud as to what happened, maybe.
Good witnesses are sometimes hard to find. Witnesses that think they saw something, can be nothing but a diversion.
hawken on February 12 at 8:53 a.m.
It’s not a high standard when all the “elements” of the crime have been violated. As they have been in this case, which I laid out in detail, last time a different version of this article was run.
The man should be charged with vehicular homicide based upon the facts that we have to date. Let a jury make the final determination. Not to file the charges is irresponsible.
hawken on February 12 at 8:54 a.m.
Everyone doesn’t run over and kill a man in a cross walk.
Kivaari on February 12 at 8:59 a.m.
Hawken, Are you saying all of the elements have been met? You are saying Ennis was also under the influence of an intoxicating substance? That his driving was exceptionally negligent and was with a total disregard for the safety of others?
bszottlinger on February 12 at 9:09 a.m.
Hawken & Kivaari:
I won’t get into your interpretation of the statues nor the case law, it is what it is, but in my view one of the most significant new pieces of information the reporter has provided is the apparent fact that the officer had been at the same residence 90 minutes earlier on exactly the same type of call. The two of you should realize the significance of that, and the obvious questions that will arise regarding the need of the officer to expedite his response to the scene. The other issue that appears to be unknown at this point is whether or not the officer ran the light, or on the other hand the victim walked against the light. We also do not know the BA level of the victim which could well be a factor. In essence why not wait until more facts are known, if at all possible, before anyone gets the rope out to hang this young guy. If the two of you old ex-cop duffs are going to posture that you never ever in your careers went too fast to a call without your lights and siren on then as Gramma would put it “I call BS”
Hcklbery on February 12 at 9:31 a.m.
If this had been a young teenager driving?
Can you picture the investigating detective making statements like this ???
“”” Is 34 to 39 driving down Monroe a willful or wanton disregard for life? No. That’s the average speed on Monroe,” said Spokane County sheriff’s Detective Dave Thornburg,”“”
If this had been any one else NOT of the law enforcement community would that driver of been facing such a friendly and understanding sheriffs dept AND silent prosecutors office or such excuse minded “news” articles as THIS one???
hawken on February 12 at 9:51 a.m.
Brad… people exceed the speed limit all the time and get only a ticket, most get away with it. The fatality in a cross walk changes everything. For the police as it would for the public.
As to whether or not the pedestrian was walking against a red light is evidence lost, unless a witness comes forward to testify otherwise.
That does not negate the elements of the crime as established by the legislature.
As I said, the final disposition would be adjudicated by a jury. As for now, there is more than sufficient cause to file the charges.
Kivaari on February 12 at 10:37 a.m.
BSZ, My words of wisdom disappeared. I say the speed isn’t much of an issue. I can say what I did and taught the kid’s to do when the need for speed exists. If it was me, I would normally hit the rear facing lights in a similar condition. If the light was red or a stop sign was present I would slow or stop to make sure others were aware. and I would turn on all of the lights. The wigwag headlights were the best traffic clearing system. We avoided sirens unless heavy traffic was present, including pedestrians. If I was having to close on a speeder, as soon as I hit 10 mph over the limit all lights came on and during daytime the siren. Life is too short to risk crashing just to get a speeder. I would chase people south of town into rural areas. If I had not closed the gap in a short period I would stop the pursuit. I would let disptch notify the other agencies and then would check for crashes for another two miles. The people willing to go “that fast” were the ones we normally called an ambulance for. I just wasn’t going to get hurt.
Kivaari on February 12 at 11:10 a.m.
Anyone notice the fatal pedestrian collision in Seattle yesterday. Woman in her 70’s, in a crosswalk, going against a red light, tried to stop a mini-van with her body and soul. The mini-van driver was not arrested. Just think, a civilian hits a old lady, in broad daylight, while she was in a crosswalk, and the driver didn’t have their emergency lights and siren on and they weren’t charged. Nice to have witnesses.
TheRoyLarsen on February 12 at 11:26 a.m.
bszott,
Could you type slower for lewis? Your post was loaded with objectivity and reason.
TheRoyLarsen on February 12 at 11:27 a.m.
lewis,
You could get a job with the Spokesman. Your work is as good or better than half of their reporters put together.
TheRoyLarsen on February 12 at 11:28 a.m.
Hey bit,
Do you think Gramma would go out with me?
cryssT on February 12 at 11:37 a.m.
Does nobody read this before the post? But then again, that would require thinking.
“Please keep it civil. Don’t post comments that are obscene, defamatory, threatening, off-topic, an infringement of copyright or an invasion of privacy.”
If citizens are overly cautious about reporting police involved accidents then it’s a shame and up to the police department to improve community relations.
GaryP on February 12 at 11:48 a.m.
It is simple, if the officer had a green light it’s the ped fault. If he had a red light it’s his fault plain and simple. Alcohol is not a factor and he’s going 4 to 9 mph over the speed limit responding to a call. Green-good, red light -bad. Just as it would be for anyone else
BitofBacon on February 12 at 12:47 p.m.
TheRoy,
I think Gramma is married. Doesn’t necessarily mean she won’t go out with you but I don’t think she’s that kind of woman. I don’t think she would go out with Lewis, however.
There’s case law and prosecutorial discretion involved here. Just because it might meet the statute doesn’t mean it can be taken to trial.
I will also try not to infringe on any copyrights while I’m here.
hawken on February 12 at 1:16 p.m.
“There’s case law and prosecutorial discretion involved here.”
No doubt. We’ve all seen how that works in Spokane County even when the elements of the crime have been met. Such as this case.
Since when did prosecutorial judgment replaced a judge and jury, when the elements of the crime are clear, I wonder?
I am of the opinion that had this not been a police officer, the “prosecutorial discretion” would have been just the opposite.
BitofBacon on February 12 at 1:34 p.m.
It’s used all the time with common ordinary everyday citizens and criminals alike. The system would bog down if it wasn’t.
pangurban on February 12 at 2:59 p.m.
An engaging chain of comments, friends.
Detective Dave Thornburg asks, “Is 34 to 39 driving down Monroe a willful or wanton disregard for life? No. That’s the average speed on Monroe.”
In a thirty-mile-per-hour zone, well, yes, driving 34 to 39 is a willful and wanton disregard for human life. Explaining speeding away as “the average speed” is a willful and wanton disregard for public safety.
I drive Monroe pretty regularly. If one drives the speed limit, one is likely to have what Germans call “the green wave” all the way.
I’ve noted that some people exceed the speed limit. I catch up with them, waiting for a red light.
But I doubt that the average speed on Monroe is 34 to 39. If it is, where the hell is law enforcement?
Detective Thornburg’s remarks are disgraceful.
BitofBacon on February 12 at 3:10 p.m.
Yeah, let’s call up the traffic unit and all of the patrol division and have them start writing tickets for 4 over, that will solve the problem. 34 mph as “wanton disregard”?-Get real
bszottlinger on February 12 at 3:27 p.m.
Hawken:
To use one of your favorite terms, it is a “fallacy” to believe that simply reading the code, seeing if the fact pattern fits the code, and then assert that particular code is the appropriate charge. A review MUST be made of the case law which establishes the various elements of the codification including those which specifically define terms used in the code. As an example the standards used to establish what is negligent, or what constitutes a reckless disregard.
Having done that even to a very limited extent, I find that I am in agreement with Ms. Brady. If history serves, I suspect however that Ms. Brady and I will part on the method used to reach a charging decision and then make that decision public. Although in my opinion Det. Thornburg should not have drawn a comparison to any other case during the ongoing investigation, he, whether inadvertently or not, has mentioned the foundation that should be considered, beyond the law, by the prosecutor when not only making but also justifying a charging decision. If I were Ms. Brady I would require the law enforcement authorities to provide me data over a ten year period of fatal or near fatal accidents involving a pedestrian. I would then correlate that data with the original charge of those cases and the subsequent final disposition. The data should be very consistent in each case, if it isn’t then there is a problem. If the data is consistent throughout it demonstrates the office consistency in the handling of similar cases and gives me a solid platform for publicly justifying my decision.
I would suggest that you research the Washington State Case Law and if you continue to maintain your current position, then so be it. If you maintain your position that would not be unlike many police officers past and present who have a tendency to believe that the law is within, and only within, the four corners of the paper on which the code is written.
Kivaari on February 12 at 4:18 p.m.
BSZ, This is going to be a hard case to find justice. I don’t even know what justice would look like. I am very glad that this will be up to people willing to look at the case histories as you suggest. As for the “average speed” on this stretch of road being a few miles per hour over the posted limit, that is just a given as far as I am concerned. We had a major highway running through town. It was rare to even make a stop for 7-8 over, just a flash of the lights to remind folks to slow down. At 10 over we were making stops. At 13 over we were writing tickets. Even then we would show the offense as being 45 in a 35 zone (actual 48, etc). I don’t know any of our people at the time that abused the speeding laws by giving tickets for speeds <10 over the limit, unless it was part of what becomes a bigger case discovered after the stop. If we made a stop for speed in the 8 over range it normally was due to other traffic conditions, and normally no ticket was issued. But we often found suspended/revoked drivers and other criminal issues. Then to support the larger offense we would issue a NOI for a petty speed. I used to stop people with smoked license plate covers simply for two reasons, they are illegal and I couldn’t see the tags. I never gave a citation for that charge, we used an ERO system. I would still write the ERO, if a warrant arrest or suspended/revoked charge developed. Just a chain of events issue. WDOT and county crews did do speed studies to see if a change in speed zones was warranted. If they were it did take council or commissioners passing an ordnance to change signs. The only ticket I ever got was 1-2-66 for doing 10 over in a 25 zone. Just coasting down the slope in my ‘50 Dodge fluid- coupled truck cost me $7, then the state raised the speed limit to 35 mph, because it was the normal speed after all. It still ticks me off. But the cop did recruit me into the police department and the service. Odd how things work out.
hawken on February 12 at 6:03 p.m.
Brad:
Not only insultingly patronizing, but a hasty generalization in a most extreme form, not to mention self-elevating on your part as an attorney.
It boils down to prosecutorial discretion, which is less than an exact science that it is a political science. Which I will assume that you understand.
bszottlinger on February 12 at 7:53 p.m.
Hawken:
Insulting, patronizing, some might take it that way. The officers that really understand our system of criminal justice would not however. They are the ones that know that their job is to risk their neck, do the best they can to provide the evidence necessary for the prosecutor to ultimately decide the charges which are appropriate, not them. In reality they have a much harder job then the suit sitting behind the desk pouring through the law books. Yes, many times the prosecutor will make a charging decision they don’t agree with, but the good ones learn to live with it. “Prosecutorial Discretion” is a power vested with the prosecutor, and admittedly is abused at times much like the power of a police officer is abused at times. But that abuse isn’t limited to under-charging or not charging at all. At times the abuse is actually over-charging a crime or charging when no crime exists. The problem for police officers is that they may work in a jurisdiction where the prosecutor will charge or over-charge because they are police officers and the prosecutor doesn’t want to be accused of favoritism. In the Spokane County jurisdiction, one would have a heck of a time predicting which way this prosecutor would go. The Jay Mehring case is just one example of charging, when there should not have been any, and even the trial prosecutor stated that in open court. So if Ms. Brady decides to charge Officer Ennis I expect her to demonstrate to me that her office has been consistent in the last ten years with the same charges for everyone in cases like this. You might have noted that one officer has posted on here that he/she was charged with vehicle homicide in Spokane County driving a police car, and was subsequently acquitted. I don’t know what the facts were but if it was a case of over-charging was that fair. Everyone, Citizen and Cop alike should be treated the same.
Whether, you take it as a patronizing insult or not, the fact is, it’s the truth.
Kivaari on February 12 at 8:04 p.m.
Hawken, I loved that response. As you so well pointed out, the determination is a political choice. Prosecutors are political creatures and respond to ignorant rants from an ill informed public. Worse yet, they respond to PC mayors and councils that only want to quiet the angry crowds. “Justice” is often a weapon used to bash the cops. There are too many cases filed because some politico wants to make a PC point. Too many chiefs are chiefs because they fill some PC diversity notch that makes the elected officials look good to the fringe press. Those chiefs are fearful of being good leaders, so the little guys get thrown to the wolves, or under a metro bus.
lewis8457 on February 12 at 11:31 p.m.
Bits unlike you brad always has some good information to read, I enjoy reading his posts.
TheRoy I can’t get a job at spokesman review, I have already tried. No, I will probably just grow into a unemployed depressed bum like you. But unlike you I won’t be living in my mommy’s basement.
The cop will get off so why the big deal and headlines? They all get off. sure as kivaari is quick to point out they might get fired but they never see the inside of a prison, and isn’t that where we put murderers?
There isn’t a jury in this town that will convict a cop, and so the blood bath continues the clock is ticking who is going to be next?
TheRoyLarsen on February 13 at 12:29 a.m.
I have more jobs than you do teeth. Once more, I pay more taxes than your former yearly salary. I only get depressed when I read about people like yourself who exhaust themselves searching for this phantom police corruption. Mom kicked me out long ago. Only because she loved me.
TheRoyLarsen on February 13 at 12:33 a.m.
So a guy more hammered than Foster Brooks kills a lady and paralyzes another while they’re riding their motorcycle and gets a not-guilty-whoa-wait-a-second verdict…
…and you guys want to school Ms. Brady on case law? Sounds like she needs all the help she can get.
tomnsahl on February 13 at 6:52 a.m.
To those who dominate this forum; based on what WE KNOW, the most this officer will face is Negligent Driving 2nd Degree;
“…operates a motor vehicle in a manner that endangers or is likely to endanger any person or property”.
The elements WE KNOW do not include “wilful (knowing) and wanton disregard, nor DSO.
Please stop your tea party bickering about who knows best and is right and allow for other informed discourse!!
lewis8457 on February 13 at 8:15 a.m.
Sorry Tom this cop wont get nothing mark my words, well other then a promotion to traffic supervisor.
bszottlinger on February 13 at 10:25 a.m.
Tom52:
I would have to agree based on what we now know the officers actions did not meet the standards necessary to establish Vehicular Homicide as some would assert. As I understand the case law it would be necessary to prove that the officer was driving in a “Rash or heedless manner indifferent to the consequences” I don’t doubt that the officer will receive a citation for Negligent Driving Second Degree where the statuary standard is (without review of the case law) “ Failure to exercise ordinary care” or “ the doing of some act that a reasonably careful person would not do under the same or similar circumstances”
The problem that exists in Spokane is that there is a distrust for law enforcement. Some of that distrust is well deserved based on the way situations were handled. In my view a lot of the problems your old organization has, along with the prosecutors office stems from an inability or lack of desire to adequately inform the public regarding officer involved incidents. What that does is to just amplify the public outrage when something like this happens. I would hope as the lead law enforcement agency in Spokane County Mr. Tuckers office would take my advice and be prepared to offer the public a detailed explanation of why the charges were laid and how the decision was made. I honestly believe that if as I suggested above the data over the last 10 years regarding charges to private citizens was made a part of any press release, the public would have a better understanding of why those charges were laid. If he is not willing to except responsibility for properly informing the public then Kirkpatrick must even though it should not be her responsibility. I would even venture a guess that my friend Lewis if he understood that the officer was being treated no differently from a criminal charging standpoint then any other citizen he would in his heart know the right thing was done.
I may appear to be defending the officer here, and to a certain extent I am. What I am defending him from is a stupid ill informed assertion that he (based on the known facts) should be charged with Vehicular Homicide. I am not defending his actions. It would appear he has violated the law and the department policy that covers this area (something I’m sure is done all the time). But he will be punished for both, and regarding the policy the extent to which he is punished will likely be determined based on his record. He knows that, and he also knows that he will have to live with the fact that his actions resulted in someone’s death.
With respect to your statement regarding “tea party bickering”. Generally the only tea I drink is chocolate flavored “Smooth Move” herbal tea made with “Organic Senna Leaf”. You can draw any conclusions you so choose from that. My preference is a soy mocha.
mary1958 on February 05 at 5:52 p.m.
Officers always increase their speed when going to calls. They want to get there before you get killed. Four to nine miles over is reasonable since they do that all night long and is not over what they would write you for (unless you are in a school zone.) Being intoxicated crossing the street in a crosswalk is NOT against the law. There is no “legal limit” for walking unless the laws have changed in the past twenty years. However, the pedestrian is not to cross if there is reason to believe the vehicle coming would not be able to stop. The law makes the pedestrian liable for common sense. If your alcohol level is .37 you may not be able to judge that. Texting was he? Who knows. The department says he can. Maybe that is why he said he was. He can be cleared for not paying attention because he is allowed to not pay attention when the rest of us are required to. The problem here is that only Ennis and the dead soul know what happened. Was the light red or was it green? I think you should not be speeding or texting if you are in any danger of killing people. Driving a police car requires driving, talking on the radio, thinking about how to approach such call, and now with the advent of computers in the car–-texting. The EVOC course twenty years ago only required driving fast around cones. I don’t know if it now requires driving fast, et al. But I would imagine that the officer must use his or her own judgement. The victim knew to be in a crosswalk and if he was inches from it he probably was. Maybe Ennis should become something else. About twenty years ago Eric Olson was responding to a officer call for help and ran a red light at a high rate of speed causing the driver coming the other way to be permanently, severely disabled. This effected that man’s whole family. Last I looked Olson was a Sergeant at SPD. I suppose Ennis may be chief some day.