State Highway Patroman killed chasing a speeder

bee · #1 (**permalink**) 06-03-2009, 10:56 AM

A Mississippi State Highway Patrol Officer, was killed chasing a "speeder". He saw a sports car, he thought was doing over a 100 miles an hour, and gave chase. This was last friday night.

During the chase, the Highway Patrolman lost control of his vehical and turned over several times, killing him. Weather the "speeder" new this or not, I don't know, but there was "NOT" any contact with the "speeders vehical" or the "Highway Patrolman's Vehical"!

Through the assistance of the public, and other Law enforcment Agency's, the speeder was idenified and aressted the next day. He has been charged with "felony Fleeing" and "Manslaughter"!

My question is, "how can the "speeder" be charged with manslaughter"?

mancow · #2 (**permalink**) 06-03-2009, 11:50 AM

Felony Murder Doctrine

97-3-19. Homicide; murder defined; capital murder; lesser-included offenses.

(c) When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies;............................

FLEE AND ELUDE

Miss. Code Ann. § 97-9-72 #1 [url] [-]

(1) The driver of a motor vehicle who is given a visible or audible signal by a law enforcement officer by hand, voice, emergency light or siren directing the driver to bring his motor vehicle to a stop when such signal is given by a law enforcement officer acting in the lawful performance of duty who has a reasonable suspicion to believe that the driver in question has committed a crime, and who willfully fails to obey such direction shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a term not to exceed six (6) months, or both.

(2) Any person who is guilty of violating subsection (1) of this section by operating a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property, or who so operates a motor vehicle in a manner manifesting extreme indifference to the value of human life, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by commitment to the custody of the Mississippi Department of Corrections for not more than five (5) years, or both.

(3) Any person who is guilty of violating subsection (1) of this section, which violation results in serious bodily injury of another, upon conviction shall be committed to the custody of the Department of Corrections for not less than three (3) nor more than twenty (20) years of imprisonment.

(4) Any person who is guilty of violating subsection (1) of this section, which violation results in the death of another, upon conviction shall be committed to the custody of the Department of Corrections for not less than five (5) nor more than forty (40) years.

(5) It is a defense to prosecution under this section:

(a) That the law enforcement officer was not in uniform or that no law enforcement vehicle used in the attempted stop was clearly marked as a law enforcement vehicle; or

(b) That the driver proceeded in a safe manner to a reasonably near well-lit public place before stopping.

Sources: Laws, 2004, ch. 487, § 1, eff from and after July 1, 2004.

bee · #3 (**permalink**) 06-03-2009, 01:05 PM

I still don't understand it. The patrolman could have stopped at anytime, and probably should have. Chasing a speeder doing over a 100 MPH on a well traveled highway"two lane", is not good.

What if the "highway patrolman", while on this "high speed chase", hit another vehical and killed someone. Would he(or the State) be liable? Or would the speeder be liable?

Or what if the "speeder" hit another vehical, durning this high speed chase, and killed someone, would this make the Highway Patrolman "liable"?

OH, I am not an "Attorney"!
:-)

scrapper · #4 (**permalink**) 06-03-2009, 06:13 PM

First of all I'd like to know all the facts. You haven't posted a link or anything about this. Of course a news story isn't necessarily all the facts anyway so a link probably doesn't matter.

Second, I guy speeds at over 100 MPH. A police officer gives chase, loses control and dies, and you are wondering why the speeder is being charged with manslaughter? You wonder why the trooper didn't stop? Even after the specific statute is posted here? Well I guess I will give you the benefit of the doubt and just assume that you are really wondering how a law like that could pass or come of existence.

I will assume you aren't throwing the trooper under the bus on this one. A guy speeding over 100 MPH is a lethal weapon and it was the troopers duty to take that lethal weapon off the street. But like I said, I wish I had the whole story.

By the way, if I understand correctly, any crime that this guy commits while being chased is going to be his fault. That includes hitting someone else. If you don't pull over when asked you assume all liability for your actions

trace1 · #5 (**permalink**) 06-03-2009, 06:45 PM

Quote:

Originally Posted by bee

My question is, "how can the "speeder" be charged with manslaughter"?

Ask a lawyer...

AEMTKieran · #6 (**permalink**) 06-03-2009, 09:21 PM

Traveling at 100 miles per hour is no longer speeding...it is reckless endangerment, and if someone is killed because of the person traveling at this high rate of speed, that person CAN be charged with manslaughter! Don't try and explain laws when you not only don't enforce them, but don't read them!

bee · #7 (**permalink**) 06-04-2009, 08:46 AM

Go to "www.djournal.com" and at the top of the page is the "search" feature. Type in "Steve Hood"(the patrolmans name). It will give you the stories and details!

bee · #8 (**permalink**) 06-04-2009, 08:53 AM

Scarper states, " a guy speeding over 100 MPH is a lethal weapon" Well when two guys, are speeding over 100MPH, that makes TWO lethal weapons on the Street!

bee · #9 (**permalink**) 06-04-2009, 08:57 AM

AEMTkieran, I have not tried to "explain laws, or enforce them"!

bee · #10 (**permalink**) 06-04-2009, 08:58 AM

trace1, what a great answer!

scrapper · #11 (**permalink**) 06-04-2009, 11:02 AM

Quote:

Originally Posted by bee

Scarper states, " a guy speeding over 100 MPH is a lethal weapon" Well when two guys, are speeding over 100MPH, that makes TWO lethal weapons on the Street!

Well a trooper has been trained to drive in emergency situations. Yeah probably not at 100MPH but still, probably has more training then the average joe. Plus by your logic an officer shouldn't be allowed to use a gun either. A gun is a lethal weapon used against citizens that illegally use lethal weapons. Again, an officer has been trained when to properly use his gun.

trace1 · #12 (**permalink**) 06-04-2009, 11:25 AM

Quote:

Originally Posted by bee

trace1, what a great answer!

Why yes, yes it is!

Have you asked one yet?

That is the only place where you're sure to get a better answer on a legal matter...

Or do you just like getting your "spoon" out?

mancow · #13 (**permalink**) 06-04-2009, 01:49 PM

Exactly, one lawful one not. The second a response to the first. Therein lies your answer.

Quote:

Originally Posted by bee

Scarper states, " a guy speeding over 100 MPH is a lethal weapon" Well when two guys, are speeding over 100MPH, that makes TWO lethal weapons on the Street!

texasemt13 · #14 (**permalink**) 06-04-2009, 02:15 PM

Not taking anyone's side here but I've always hated this... you be the judge and tell me if I would have been to blame.

So I'm driving down Main St. one day and happen to have an expired vehicle inspection sticker. I had stopped for donuts (yes, donuts), on my way to get my inspection taken care of and pull up to a stop light, at which a motocop is sitting across the intersection, on a curb, kickstand down. As I pull through the intersection, I can tell he sees my expired tag and he begins to roll his motorcycle off its stand. In so doing his front tire drops off the curb, he loses his balance and his motorcycle topples over on to him.

I kept driving, but what if he had broken his ankle? Would I, who was technically breaking the law, have assaulted the officer and been responsible? By all the logic in here- I would have. Scary that because he couldn't have chosen a better spot to park his bike and lost his balance, I could have gone to jail for assaulting an LEO.

bee · #15 (**permalink**) 06-04-2009, 03:03 PM

scrapper, you state, "Well a Trooper has been trained to drive in emergeny situations"! Well, by this reasoning, he wasn't trained very well! He killed his self!

I haven't said anything, about "GUNS"!

The sports car that was speeding was HIGHLY MODIFIED for racing, evidently the driver had experince driving FAST.

He didn't CRASH, and kill his self, or anyone else.

I admit he should not have been on the road driving that fast, and should be punished for it. But, Manslaughter? It was up to the Trooper to decide to take car of his self!

Agin this was a "well traveled two lane highway", on a friday evening! The Trooper could have very well have crashed into someone else and killed them.

bee · #16 (**permalink**) 06-04-2009, 03:05 PM

mancow, no that is not the answer!

bee · #17 (**permalink**) 06-04-2009, 03:34 PM

texasemt13, I understand that situation. LEO'S must take the responsibilty, for making the right decisions. Sometimes they don't, and the results are, injury or death!

trace1 · #18 (**permalink**) 06-04-2009, 04:34 PM

Quote:

Originally Posted by bee

My question is, "how can the "speeder" be charged with manslaughter"?

Well since it appears you haven't asked a lawyer for a "legal definition" maybe you can ask somewhere where there may actually be more LEO's that might provide you with a good answer.

PoliceLink : The Nation's Law Enforcement Community

I'm sure that they would be happy to help and would love your "Cop Bashing" attitude as well...

BoxAlarm187 · #19 (**permalink**) 06-04-2009, 07:18 PM

Quote:

Originally Posted by bee

scrapper, you state, "Well a Trooper has been trained to drive in emergeny situations"! Well, by this reasoning, he wasn't trained very well! He killed his self!

He died in a vehicle crash - and you assume that he "wasn't trained very well?" "He killed his self [sic]?" You're saying that the troop intentionally crashed his car and took his own life? I've read some naive stuff before, but this is at the top of the list.

Quote:

The sports car that was speeding was HIGHLY MODIFIED for racing, evidently the driver had experince driving FAST.

Therefore, the trooper should have recognized this, called off the chase, and let the violator continue down the road ... praying that the violator doesn't hit someone himself?

Quote:

He didn't CRASH, and kill his self, or anyone else.

No, not this time, he didn't. Does this excuse his actions?

Quote:

Agin this was a "well traveled two lane highway", on a friday evening! The Trooper could have very well have crashed into someone else and killed them.

Unfortunately, LEOs are sworn to uphold the law on a Friday evening, and a Sunday morning, and Tuesday afternoons. Troopers go through months of training to allow them to make split-second decisions in stressful situations. Were you in the car with the trooper? Do you know if the trooper was about to call off the chase? Or is it just easier to armchair quarterback his actions.

You've obviously made up your mind that the trooper was clearly in the wrong, and that the violator should be allowed to get away with the crime he committed. Go visit the forums on www.officer.com and ask this same question and see what kind of response that you get.

Also, the term is "himself" not "his self".

bee · #20 (**permalink**) 06-05-2009, 09:37 AM

If the Patrolman would have called "off the chase",(which I think he should have), he most likely, would be alive today!