Brickbat: Giving Chase

A Mason County, Kentucky, grand jury has indicted Ripley, Ohio, police officer Caleb Savage for reckless homicide, failure to render aid, and leaving the scene of an accident. The Kentucky State Police says Savage spotted a vehicle he thought resembled one "suspected to be involved in a property crime." Savage followed the vehicle across the state line into Kentucky where he turned on his lights and siren and began a chase. The driver fled but lost control and crashed after a couple of miles. Savage did not stop or call for help but returned to Ohio. The driver of the other vehicle was pronounced dead at the scene. Savage has resigned from the police department.

Comments

[Fist of Etiquette]

The most surprising thing is that a cop put effort into something other than a driving offense or drug crime.

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[Adans smith]

On the other hand, he did make it here on Hit and Run.

[Unicorn Abattoir]

Render aid? Outside of his jurisdiction?

[jimc5499]

"Outside of his jurisdiction"
Lots of municipalities have agreements that allow the crossing of municipal borders by the police, including crossing State lines. He may not have been out of his "jurisdiction".
More likely he probably realized that he screwed up and was hoping to not get caught.

[Wizard4169]

"Hot pursuit" is a long-established exception to the concept of jurisdiction. However, the failure to turn on lights and sirens until he was already in another jurisdiction tends to undermine any claim of hot pursuit. Failure to notify local authorities as soon as possible is another red flag.
I'm not going to fully absolve the fleeing suspect of responsibility for their actions, but the cop was clearly way out of line.

[InsaneTrollLogic]

Considering that going from Ohio into Kentucky requires crossing a bridge, there's no way in hell this cop could've crossed the state line unknowingly (unlike say, Kansas and Colorado). The first thing he should've done, well before turning on lights and sirens, was to contact the local authorities (city police, county sheriff, Kentucky State Police) to let them know what was going on and request assistance from them

[bobby oshea]

"Reckless homicide"

What's the definition? There isn't one in the link. And I'm struggling to understand how the naughty policeman could be charged and convicted of such an offense if he was just following behind someone. Was he following behind him and shooting his gun in the air or something?

[bobby oshea]

From a website:
In Kentucky, under KRS § 507.050, reckless homicide occurs when a defendant recklessly causes the death of another person. Recklessness is the key element involved in this crime. Someone acts recklessly when the person fails to perceive a substantial and unjustifiable risk that should have been apparent.

Reckless homicide requires that the person's conduct grossly deviated from the standard of care that a reasonable person would observe under the same circumstances. There is a fine line between reckless homicide and negligence.

Negligence is noncriminal conduct and only involves civil liability. Police can make the mistake of overcharging the driver, who caused a terrible car accident, with reckless homicide instead of citing him for a traffic violation.

Under reckless homicide, what types of conduct grossly deviates from the standard of care from that of a reasonable person? Some examples would be causing the death of another while driving carelessly and talking or texting on a cell phone, driving a truck and knowing the brakes were defective, and speeding through a residential neighborhood and hitting a child.

The penalty for reckless homicide is a Class D felony, which is punishable by a term of imprisonment of not less than 1, but no more than 5 years. The court may impose a fine of not less than $1,000, but no more than $10,000.

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[Johnathan Galt]

Except it isn’t homicide when a perp flees a cop and kills themselves, it’s suicide.

I can see charging him with leaving the scene of an accident. I adamantly reject the notion that someone fleeing a pursuing cop who kills themselves trying to escape is in any way the cop’s responsibility.

[Wizard4169]

In this day and age, many if not most LEAs have policies against high speed chases unless the suspect is an immediate danger. I'm all in favor of punishing property crimes, but that doesn't justify risking lives, especially those of innocent bystanders. The fact that the cop in question arguably didn't initiate pursuit until he was already out of his jurisdiction and the fact that he failed to notify anyone in the relevant jurisdiction are both aggravating factors. Blaming the cop for his bad behavior is not in any way excusing the bad behavior of the suspect.

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