Two OSP Troopers Killed

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SLWilson

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OSP Releases Statement !

steveh552 said:
That sounds so much like a union rep talking. No matter what the reason, if you have enough in your system to be legally drunk, then you should not be driving a car, I dont care if your 16 or 97, a cop or not.


WSAZ TV3 out of Hutington, WV is streaming a 6 minute video released regarding the Ohio State Highway Patrol Car crash that killed a Gallia County resident and two Troopers.

The entire video can be seen here: http://www.wsaz.com/ on the web....

Looks like they might be taking some heat for releasing info BEFORE a complete investigation was completed....

The forensics will win out over unfounded accusations.

Here's the letter being sent out by the Trooper's Coalition:

(OFFICIAL BULLETIN OF THE OHIO STATE TROOPERS ASSOCIATION)

COLONEL IN FULL RETREAT ON RISNER ACCUSATIONS

OCTOBER 20, 2006
FOR IMMEDIATE RELEASE


Statement of Herschel M. Sigall

General Counsel, OSTA

After speaking directly with Colonel McClellan the Columbus Dispatch wrote on October 14, 2006, that the Colonel was “hurt and shaken”. The newspaper wrote, “Trooper Joshua Risner was intoxicated the morning of September 28 when he crashed his cruiser and died in a fiery two-vehicle collision.” The Dispatch (and later every news outlet in the state and nationally as a result of the Associated Press picking up the Dispatch story) quoted Colonel McClellan as saying that an autopsy fixed Risner’s blood-alcohol content at 0.08, the level at which one is presumed to be driving drunk in Ohio”. The Colonel said, “This is an unthinkable set of circumstances to find ourselves in. We hold ourselves to higher standards. It’s devastating”. The OHP Media Release of October 13, 2006 stated, “The Patrol has launched a separate but related investigation to determine when and where Risner could have ingested alcohol”

The OSTA was astounded by the stories and by the fact that the McClellan statements failed to speak to the issue of postmortem ethanol synthesis; failed to speak to the fact that the autopsy was conducted 60 hours following the death of our Trooper and following the effects such a delay has in decomposition of the body; failed to mention that the 0.08 could be accurate but could be wholly the result of postmortem ethanol synthesis. Following death in circumstances like the horrible crash and fire in the Gallia County accident it is not only possible it is probable that the alcohol taken from Trooper Risner’s heart some two and a half days after death contained alcohol that had been created following his death. How could such a story be released without the most important element of any scientific attempt to establish whether a recorded BAC represented ingested alcohol or alcohol created endogenously following death? Every medical examiner is told the critical importance of securing a case history whenever possible before trying to establish whether the alcohol was ingested or is a postmortem creation. The OHP did not attempt to establish a case history of Josh Risner’s activities on the night of his death. It simply rushed to judgment. Then it had the temerity to send out to all Posts editorials from other papers saying how the respect of the public for our OHP Troopers had been reduced due to the conduct of Trooper Risner.

The OSTA, and Josh’s fellow officers at Gallipolis, fought back by reciting the scientific evidence unreported by the OHP. Trooper Risner was a prime candidate not for driving DUI but for having alcohol in his body as a result of postmortem ethanol synthesis. It announced an investigation into the events surrounding Josh Risner’s tour of duty on the fateful night. It reported that Josh Risner had not had any alcohol to drink. It offered the facts to back up its position.

Today, Colonel McClellan is in the process of rushing video’s to each Post to be shown to OHP personnel. Accompanying the video is an IOC from the Colonel. In the IOC the Colonel says that; “The video further emphasizes we have not reached any conclusion on how alcohol was present in Tpr. Risner’s system, and makes it clear that because the investigation is still ongoing, no one should draw their own conclusions at this point about how or why alcohol was present.”

The IOC goes on to say “We have first communicated new facts and information to the three families involved in this tragedy…we will continue this process until the investigation is completed and all questions are answered.” Finally the IOC from the Colonel states “I urge all Patrol personnel to be cautious in jumping to conclusions, or letting rumors cloud our judgment on the circumstances of this case.”

We know that Josh Risner did not drink on the evening of September 27, 2006 or in the early morning hours of September 28, 2006. We know why his “after death” blood alcohol was above 000. We have researched it, investigated it and shouted it to whomsoever would listen. The OHP is now sending out videos to lay the groundwork for a later determination that Josh Risner was in fact the good and faithful Trooper we knew him to be. Our question is how does the Colonel propose to heal the suffering imposed upon the Risner family by vilifying him and defiling his reputation. What video will the Colonel present to Trooper John Risner, Ret., who has been struggling with the attack upon the reputation, memory and good name of his son? What video will be produced for Bridget Risner who was told by Worker’s Compensation that following the news stories of her husband’s driving per se DUI, she would not receive Workers Comp Survivor’s benefits for herself and her young children?
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Steve/Gallia 911
 

k9gunner

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Steve, it appears we know some of the same people, a good friend sent me an email with that. RJ.

I was not sure if it was ok to post. Glad you did. It will help clear Josh's name and clarify the mess OSP created with the first press release.
 

SLWilson

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Release

k9gunner said:
Steve, it appears we know some of the same people, a good friend sent me an email with that. RJ. I was not sure if it was ok to post. Glad you did. It will help clear Josh's name and clarify the mess OSP created with the first press release.

I told the individual that sent it to me what I was going to do with it. They thought that was a great idea!!!! I was going to put it over on the MARCS Yahoo group too, but that list owner cut that conversation off a day or so ago. I did put the link on the Ohio dispatcher group!!!!

Steve/Gallia
 

steveh552

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My only issue in regards to the union fighting this is simple. IF. John Doe was in an accident, and they did not do the post death exam until a couple days later, and find the same results, they would close the case as an alcohol related accident and close the case. Even if there was similar set of circumstances, where family, co-workers and such had seen/talked to or been around the person.

BUT because its one of their own, they are going to fight tooth and nail to say otherwise. (I feel the OSP and most other Law Enforcement Agencies in general, are not biased when its one of their own. There is a double standard in Law Enforcement. How many times have you seen a police/patrol car driving 80 miles per hour, not with lights or siren, and find they were only going back to post or station, if I were doing the same thing, id get a ticket.)

Having said that I am glad to hear that the trooper was not intoxicated.
 
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SLWilson

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Re Question

steveh552 said:
My only issue in regards to the union fighting this is simple. IF. John Doe was in an accident, and they did not do the post death exam until a couple days later, and find the same results, they would close the case as an alcohol related accident and close the case. Even if there was similar set of circumstances, where family, co-workers and such had seen/talked to or been around the person.....Having said that I am glad to hear that the trooper was not intoxicated.

Under NORMAL circumstances, after a death, a body is immediately taken from the scene and transported to where ever the autopsy will be done. So, your question shouldn't (under NORMAL circumstances) be an issue....

No one has answered the question here yet WHY there was a delay of 60 hours in this case.

For some reason, the body wasn't embalmbed, but, placed in the casket, services held on Saturday, THEN, the body was taken AFTER THE SERVICES to the Montgomery County Coroner's office for autopsy. Again, What the HECK was up with that? That IS NOT the way things are supposed to be done!!!!

Steve
 

steveh552

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It has been reported on WBNS 10TV that the trooper HAD consumed alcohol prior to, or during his shift. Urine samples taken had .07 alcohol in it, which they said was not from decompsition.

It could very well be that 1. He had alcohol at home, that had not been bought THAT NIGHT. 2. None of the officers had suspected he was drunk, I mean, an officer is the last one you would think of being drunk on shift OR 3. there is a huge mix up at the lab and the guy who has been a corner for years is just a moron (highly unlikely).

http://hosted.ap.org/dynamic/storie...OL-?SITE=WBNSTV&SECTION=HOME&TEMPLATE=DEFAULT


Oct 25, 3:43 AM EDT

Autopsy: Trooper drank alcohol before fatal crash

COLUMBUS, Ohio (AP) -- A state trooper who caused a crash that killed himself and two others drank alcohol before he died, refuting his union's contention the alcohol formed as his body decomposed, an autopsy found.

Trooper Joshua Risner's blood-alcohol level was 0.08 percent, the level a person is considered drunk under Ohio law. In addition, the alcohol level in urine from his bladder was 0.07 percent.

The absence of glucose in his urine showed that Risner consumed alcohol before the crash, according to the autopsy obtained by The Columbus Dispatch.

Research has not shown significant amounts of alcohol in urine after death without the accompanying presence of glucose, Kent Harshbarger, the deputy coroner in Montgomery County, wrote in the autopsy.

The State Highway Patrol previously announced that tests showed Risner had a blood-alcohol level of 0.08 percent. Neither Risner's passenger, patrol Sgt. Dale Holcomb, nor the other driver who was killed, Lori Smith, had been drinking before the crash Sept. 28 near Gallipolis in southeastern Ohio, the patrol has said.

The Ohio State Troopers Association doesn't believe Risner had been drinking and has suggested the alcohol came from decomposition during the 60 hours before the autopsy.

The union claims receipts show that Risner did not buy alcohol during dinner with his wife before the crash or at a gas station while buying a sandwich. The union also has said three troopers and a deputy sheriff did not believe Risner was intoxicated when they met with him during his last shift.

The union has hired a toxicology expert to review the autopsy but has not yet obtained it, lawyer Herschel Sigall.

Patrol officials said Tuesday they had no comment on the autopsy findings. The patrol has been investigating where and when Risner might have consumed alcohol.

© 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.
 
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red8

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wa8pyr said:
Not a union rep, just someone who thinks this country is far too litigious for it's own good. Let the investigation run it's course before you jump to conclusions. How do you know the guy was drinking? To get that kind of BAC there had to be some pretty serious drinking going on, and he may not have had time during a busy shift for that kind of nonsense.

And as Steve said in the previous post, the autopsy wasn't conducted until 60+ hours after death had occurred. Not trying to be too clinical about it, but decomp does things to a body that can cause high alcohol content, as can fermentation of food products a person ate before they died, as well as a number of other factors. Also, why was there a high BAC content only in one place but not in another? Blood settling would certainly cause that to happen to a certain extent, but zero BAC in one place and a high concentration in another doesn't look quite right. The investigation should turn up some facts, so let it run it's course before making up your mind.

It's a sad situation all the way around, no matter what happened, and to jump to conclusions just makes it even more so.
Well Tom,
I am really trying not to jump to conclusions, how ever an individual
based upon their physical size can still drink one drink and still be
at the legal point on intoxication. When I was deputy sheriff, I 've
made some arrests for dwi or dui and have had some over 6 feet
tall and 250 lbs take a breath test and fail due to when the person
had only one drink and the blood alcohol level at the completion
of the intoxilizer would register .08 and I've had some that were
5 feet tall and weigh less than 100 lbs take the test under the same
situation score less than .02 %. So you see it all has to do with
the individual's metabolism.
red8
 

W8OSP

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Well i hate to say it but drunk or not the trooper was at fault in the crash. He was the one driving 70mph, he was the one that lost control. I deeply respect the troopers of this state but this keeps going on and on and i feel sad for the familes that have to deal with this.
 

dizwiz

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Im just happy the ohio highway patrol did not try to cover this up. That they didnt botch the test results or anything. Most police departments would try to cover this up - just as they do with unjustified police shootings.

The union can do whatever they want, but the state at least is admitting that the driver had alcohol in his system.

Dont punish the state for getting the main facts straight.
 

k9gunner

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I just got this from a good friend at the post. I will post the link to the media release soon.

I am happy to report that the FAA Lab in Oklahoma City has determined that
Josh Risner did not consume alcohol prior to the crash. I will forward a
copy of the news release when I return to my home. The Gallipolis Post
appreciates your support during this trying time.

Thanks,
Robbie Jacks
 

mmartinfan

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Patrol Provides New Facts in September 28 Crash Investigation

COLUMBUS – The Ohio State Highway Patrol today released new information in the investigation of the September 28 triple-fatality crash in Gallia County, which claimed the lives of two Patrol officers and a Gallia County woman.


An analysis conducted on specimens taken to the Federal Aviation Administration’s (FAA) Civil Aerospace Medical Institute in Oklahoma City has determined Ohio State Highway Patrol Trooper Josh Risner, did not consume any alcohol at least 16 hours prior to his death, effectively eliminating the possibility he could have ingested alcohol. The FAA tests, normally conducted on deceased pilots, and requested by the Patrol, Gallia County Coroner, and Montgomery County Coroner’s Office/Miami Valley Regional Crime Lab, use a sophisticated scientific process to determine post-mortem versus pre-mortem alcohol presence. No such test exists at any laboratory in Ohio. A blood sample taken from Tpr. Risner a few hours after the crash tested .000 BAC. However, samples of blood and urine tested after his death, as part of the autopsy nearly 60 hours later, revealed levels of .08 and .07 BAC.


In addition to the FAA analysis, the Patrol also conducted 24 interviews including a deputy sheriff, a convenience store clerk and co-workers all who had direct contact with Tpr. Risner in the hours before his death. Not one person reported seeing any signs of impairment, detecting the odor of an alcoholic beverage nor witnessing any consumption of an alcoholic beverage or medication.


The 2005 Ford Crown Victoria Police Interceptor patrol car, being driven by Tpr. Risner, with Sgt. Dale R. Holcomb riding as a passenger, was traveling between 60 and 71 mph eastbound on Jackson Pike, with its emergency lights and siren activated. The vehicle lost control, spun into the westbound lane, and struck the 2004 Chevrolet Silverado, being driven by Lori Smith. Ms. Smith was traveling between 10 to 20 mph and moving to the right at the approach of the Patrol car.
Tpr. Risner had just picked up Sgt. Holcomb at his residence. Tpr. Risner was approaching the end of his shift and Sgt. Holcomb was beginning his shift. Investigators said while radio traffic from Tpr. Risner or Sgt. Holcomb did not indicate where the officers were heading, timelines of radio traffic from other officers, including an off-duty trooper who was transporting his un-responsive infant son to the hospital in a cruiser, lead them to believe Tpr. Risner and/or Sgt. Holcomb overheard the radio traffic and were enroute toward the hospital or toward the route that the trooper would have taken to the hospital. Investigators believe the Patrol car likely hydroplaned on standing water.


The reports from the State Fire Marshall said the fire occurred as a result of the massive impact. The report from the National Highway Traffic Safety Administration is pending.
 

steveh552

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Im glad that this trooper was not drunk on the job, and I feel for his family and the family of those of the other 2 that died in the accident. Nobody should have to go thru this.

Now, if it were you or I (average Joe Citizen) they would never have went so far to prove that we were not guilty of the same thing. Whats good for the goose is good for the gander, but not in a case like this.
 

OpSec

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CVPI4Ever said:
I wish the OSHP would make up its mind.

They did make up their mind, correctly I might add, that the trooper was not intoxicated.

The problem was someone went off half-cocked before all the results and 3rd party testing was done and proclaimed he was drunk. Damn that person for trashing a good cop's reputation becuause they thought they had a hunch or they were seeking fame and being a media whore.

The way the body was handled after he died was botched and someone was trying to take the heat off of that so they boldly proclaimed he was drunk and they could "prove it"

That person/people should be taken out behind the barn.
 

SLWilson

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Botched...

steveh552 said:
Now, if it were you or I (average Joe Citizen) they would never have went so far to prove that we were not guilty of the same thing. Whats good for the goose is good for the gander, but not in a case like this.

If it were you or I, they'd never wait 60 some hours before they cut us up. Our famlies wouldn't be able to have a funeral until the state was DONE with their examinations....So, we wouldn't be in the boat they were in....Steve :(
 
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