LAW & ORDER:LAW & ORDER:FATAL ALCOHOL CRASH FATAL ALCOHOL CRASH

TEAMSTEAMS

MICHIGAN TRAFFIC SAFETY SUMMITMICHIGAN TRAFFIC SAFETY SUMMITSheraton Lansing HotelSheraton Lansing Hotel

Lansing, MichiganLansing, MichiganMarch 1-2, 2005March 1-2, 2005

TODAY’S PRESENTERSTODAY’S PRESENTERS

JOEL HANDJOEL HAND Founder of F.A.C.T.Founder of F.A.C.T. First F.A.C.T. First F.A.C.T.

prosecutorprosecutor Marion County Marion County

Deputy Prosecutor Deputy Prosecutor 71/2 years71/2 years

Currently serving as Currently serving as Indiana Traffic Safety Indiana Traffic Safety Resource ProsecutorResource Prosecutor

LT. GEORGE CROOKSLT. GEORGE CROOKS Founding F.A.C.T. Founding F.A.C.T.

membermember Current F.A.C.T. Current F.A.C.T.

Law Enforcement Law Enforcement CoordinatorCoordinator

Head of Marion Head of Marion County Sheriff’s County Sheriff’s D.U.I. Task ForceD.U.I. Task Force

DESCRIPTION OF DESCRIPTION OF JURISDICTIONJURISDICTION

Marion County, Indiana (Indianapolis)Marion County, Indiana (Indianapolis)Population: 863,000Population: 863,000

Police Agencies: 6 major agenciesPolice Agencies: 6 major agencies- Marion County Sheriff’s Department- Marion County Sheriff’s Department- Indianapolis Police Department- Indianapolis Police Department- Lawrence Police Department- Lawrence Police Department- Beech Grove Police Department- Beech Grove Police Department- Speedway Police Department- Speedway Police Department- Cumberland Police Department- Cumberland Police Department

DESCRIPTION OF DESCRIPTION OF JURISDICTIONJURISDICTION

Marion County Prosecutor’s Office:Marion County Prosecutor’s Office:115 Deputy Prosecutors115 Deputy Prosecutors24 Deputy Prosecutors in 6 Major 24 Deputy Prosecutors in 6 Major

Felony Felony Courts handling general felony Courts handling general felony caseloadscaseloads

Marion County Traffic Safety PartnershipMarion County Traffic Safety Partnership-- Funnels overtime grant project Funnels overtime grant project money to money to local law enforcement agencieslocal law enforcement agencies- Arm of the Prosecutor’s Office- Arm of the Prosecutor’s Office- Elected Prosecutor is Chairman- Elected Prosecutor is Chairman

DESCRIPTION OF DESCRIPTION OF INDIANA LAWINDIANA LAW

STATUTES:STATUTES: Operating While Intoxicated Causing DeathOperating While Intoxicated Causing Death

Class C Felony – 2 to 8 year suspendable sentenceClass C Felony – 2 to 8 year suspendable sentence Class B Felony – 6 to 20 year suspendable sentence Class B Felony – 6 to 20 year suspendable sentence

if defendant has a prior O.W.I. conviction in last 5 if defendant has a prior O.W.I. conviction in last 5 years (7-1-04 if def. is .15 + or drugs)years (7-1-04 if def. is .15 + or drugs)

Class D Felony – 0 to 3 year suspendable sentence Class D Felony – 0 to 3 year suspendable sentence if victim survives and suffers serious bodily injuryif victim survives and suffers serious bodily injury

NO VEHICULAR HOMICIDE STATUTENO VEHICULAR HOMICIDE STATUTE

DESCRIPTION OF DESCRIPTION OF INDIANA LAWINDIANA LAW

STATUTES:STATUTES: Implied ConsentImplied Consent

Officer shall Officer shall offeroffer a test to each driver a test to each driver involved in fatal crashinvolved in fatal crash

BUT cannot compel submission to a test BUT cannot compel submission to a test absent a warrant and/or probable cause that absent a warrant and/or probable cause that person was the driver in fatal crash AND that person was the driver in fatal crash AND that driver was impaired at time of crashdriver was impaired at time of crash

DESCRIPTION OF DESCRIPTION OF INDIANA LAWINDIANA LAW

CASE LAW:CASE LAW: OVWI – Causing DeathOVWI – Causing Death

Causation Element - Must prove that defendant’s Causation Element - Must prove that defendant’s driving conduct caused the crash that caused the driving conduct caused the crash that caused the death & that victim was not the cause of the death & that victim was not the cause of the crash or death. Failure to prove both = not crash or death. Failure to prove both = not guilty.guilty.

Blood Draw/Chemical test – Officer must establish Blood Draw/Chemical test – Officer must establish probable cause that suspect was a driver involved probable cause that suspect was a driver involved in fatal/s.b.i. crash AND that suspect was in fatal/s.b.i. crash AND that suspect was impaired at the time of the crash BEFORE impaired at the time of the crash BEFORE obtaining a blood sample. Failure to comply obtaining a blood sample. Failure to comply results in exclusion.results in exclusion.

PRE-FACT STATISTICAL PRE-FACT STATISTICAL INFORMATIONINFORMATION

Fatal Crash Statistics:Fatal Crash Statistics:62 Total Fatal Crashes – 200262 Total Fatal Crashes – 200223 Total Alcohol Related 23 Total Alcohol Related

Fatals – 2002Fatals – 2002Conviction Rate = 70%Conviction Rate = 70%Average Sentence for OWI-Causing Death Average Sentence for OWI-Causing Death

= 3 = 3 years prisonyears prisonCases being lost or plead down to lesser Cases being lost or plead down to lesser

sentences or charges due to suppressed sentences or charges due to suppressed or insufficient evidenceor insufficient evidence

GENESIS OF F.A.C.T.GENESIS OF F.A.C.T.

2001 GRANT FUNDING2001 GRANT FUNDING Created O.V.W.I. Fatality Prosecutor Created O.V.W.I. Fatality Prosecutor

positionposition Employed vertical prosecution modelEmployed vertical prosecution model Paged by officers when fatal crash occurred Paged by officers when fatal crash occurred

and alcohol was involvedand alcohol was involved Prosecutor responded to the scene of crashProsecutor responded to the scene of crash Became familiar with crash scene evidenceBecame familiar with crash scene evidence Worked closely with officers to get evidence Worked closely with officers to get evidence

collected in accordance with the lawcollected in accordance with the law

GENESIS OF F.A.C.T.GENESIS OF F.A.C.T.

Some Early Discoveries:Some Early Discoveries: All agencies investigated fatal crashes differentlyAll agencies investigated fatal crashes differently Typically, a “fatal certified” accident investigator Typically, a “fatal certified” accident investigator

was called to the scene to conduct the was called to the scene to conduct the investigationinvestigation

Single officer frequently responsible for the crash Single officer frequently responsible for the crash investigation, all witness interviews, all evidence investigation, all witness interviews, all evidence collection and the impaired driving investigationcollection and the impaired driving investigation

Some officers did not have time/opportunity to Some officers did not have time/opportunity to investigate whether driver may have been investigate whether driver may have been impairedimpaired

GENESIS OF F.A.C.T.GENESIS OF F.A.C.T.

Some Early Discoveries:Some Early Discoveries: Most accident investigators did not have Most accident investigators did not have

extensive impaired driver detection training or extensive impaired driver detection training or witness interview/interrogation trainingwitness interview/interrogation training

Some agencies had policies contrary to current Some agencies had policies contrary to current Indiana lawIndiana law

No agency receiving regular legal updates No agency receiving regular legal updates regarding impaired driving crash investigations regarding impaired driving crash investigations and legality of certain methods of evidence and legality of certain methods of evidence collectioncollection

Consequently, evidence got suppressed, cases Consequently, evidence got suppressed, cases were lost and many suspected impaired drivers were lost and many suspected impaired drivers involved in fatal crashes were never even involved in fatal crashes were never even arrestedarrested

GENESIS OF F.A.C.T.GENESIS OF F.A.C.T.

What could be done to address these What could be done to address these problems?problems?

Could all accident investigators be given Could all accident investigators be given extensive training in impaired driving extensive training in impaired driving detection, witness interviews and legal detection, witness interviews and legal aspects of these cases? – NO, too many aspects of these cases? – NO, too many accident investigators, too costly.accident investigators, too costly.

Would all agencies agree to send a D.U.I. or Would all agencies agree to send a D.U.I. or D.R.E. car to scene of each fatal/s.b.i. crash? D.R.E. car to scene of each fatal/s.b.i. crash? – NO, considered to be too expensive/waste – NO, considered to be too expensive/waste of resources & not always a D.U.I. car on of resources & not always a D.U.I. car on duty.duty.

GENESIS OF F.A.C.T.GENESIS OF F.A.C.T.

Out of frustration, an idea was born:Out of frustration, an idea was born:

WHAT IF EACH FATAL CRASH WAS WHAT IF EACH FATAL CRASH WAS INVESTIGATED BY A GRANT FUNDED INVESTIGATED BY A GRANT FUNDED TEAM OF OFFICERS, EACH OF WHOM HAD TEAM OF OFFICERS, EACH OF WHOM HAD A SPECIALTY AREA (CRASH A SPECIALTY AREA (CRASH INVESTIGATION, WITNESS INTERVIEWS, INVESTIGATION, WITNESS INTERVIEWS, IMPAIRED DRIVING, EVIDENCE IMPAIRED DRIVING, EVIDENCE COLLECTION) WHO HAD RECEIVED COLLECTION) WHO HAD RECEIVED SPECIALIZED TRAINING ON THE LAW SPECIALIZED TRAINING ON THE LAW SURROUNDING DRUNK DRIVING SURROUNDING DRUNK DRIVING FATALITIES?FATALITIES?

GENESIS OF F.A.C.T.GENESIS OF F.A.C.T. N.H.T.S.A. grant funding is obtainedN.H.T.S.A. grant funding is obtained F.A.C.T. is createdF.A.C.T. is created Team selection process takes place.Team selection process takes place. Kick-off News ConferenceKick-off News Conference

Dr. Jeffrey Runge, N.H.T.S.A. AdministratorDr. Jeffrey Runge, N.H.T.S.A. Administrator Donald McNamara, N.H.T.S.A. Region V DirectorDonald McNamara, N.H.T.S.A. Region V Director All F.A.C.T. membersAll F.A.C.T. members All 4 local T.V. news stations & local newspaperAll 4 local T.V. news stations & local newspaper Site: A fatal crash from previous yearSite: A fatal crash from previous year

Created roll call video to introduce F.A.C.T. Created roll call video to introduce F.A.C.T. to officers and dispatchersto officers and dispatchers

COMPOSITION OF COMPOSITION OF F.A.C.TF.A.C.T..

SQUADS:SQUADS: 4 squads: Day, Middle, Late & Alternate4 squads: Day, Middle, Late & Alternate Each squad:Each squad:

Supervisor – Sgt. or higher rankSupervisor – Sgt. or higher rank Fatal Certified ReconstructionistFatal Certified Reconstructionist D.R.E./D.U.I. specialistD.R.E./D.U.I. specialist Detective/interview specialistDetective/interview specialist

2003 added a 22003 added a 2ndnd Late Shift Squad due Late Shift Squad due to frequency of crashes on that shift.to frequency of crashes on that shift.

COMPOSITION OF COMPOSITION OF F.A.C.T.F.A.C.T.

LAW ENFORCEMENT LAW ENFORCEMENT COORDINATORCOORDINATOR

Lt. rank or higherLt. rank or higher Must have Must have

training/experience training/experience in all 3 specialtiesin all 3 specialties

Work closely with Work closely with prosecutorprosecutor

Leadership skillsLeadership skills Work with multi-Work with multi-

agency unitsagency units Media savyMedia savy

ASSIGNED DEPUTY ASSIGNED DEPUTY PROSECUTORPROSECUTOR

Veteran litigator Veteran litigator of impaired of impaired driving cases & driving cases & homicide caseshomicide cases

Work closely with Work closely with law enforcementlaw enforcement

Ability to work Ability to work with victims with victims familiesfamilies

Leadership skillsLeadership skills

ACCOMPLISHMENTSACCOMPLISHMENTS OF F.A.C.T. OF F.A.C.T.

2002 - Governor’s Council funds Grant2002 - Governor’s Council funds Grant Conducted 40 hour FACT introductory Conducted 40 hour FACT introductory

course for all team memberscourse for all team members Provided cross-training for all FACT Provided cross-training for all FACT

members so that each officer would members so that each officer would have knowledge in each specialty areahave knowledge in each specialty area

Conduct quarterly team meetings for Conduct quarterly team meetings for review of cases & investigationsreview of cases & investigations

Provide supplemental training yearlyProvide supplemental training yearly

ACCOMPLISHMENTSACCOMPLISHMENTS OF F.A.C.T. OF F.A.C.T.

100% conviction rate100% conviction rate No evidence has been suppressedNo evidence has been suppressed Developing reputation among defense Developing reputation among defense

attorneys, judges, law enforcement & attorneys, judges, law enforcement & prosecutors for premier investigations prosecutors for premier investigations

Cases tending to plead quicklyCases tending to plead quickly 2003 average sentence = 6 years prison2003 average sentence = 6 years prison

up from average of 3 years prison in up from average of 3 years prison in 20012001

Contact InformationContact Information

JOEL D. HANDJOEL D. HAND

Traffic Safety Resource ProsecutorTraffic Safety Resource Prosecutor

Indiana Prosecuting Attorneys CouncilIndiana Prosecuting Attorneys Council

302 W. Washington St., Room E-205302 W. Washington St., Room E-205

Indianapolis, IN 46204Indianapolis, IN 46204

(317) 232-1836(317) 232-1836

(317) 233-3599 fax(317) 233-3599 fax

jhand@pac.state.in.usjhand@pac.state.in.us

Contact InformationContact Information

LT. GEORGE CROOKSLT. GEORGE CROOKS

F.A.C.T. CoordinatorF.A.C.T. Coordinator

Marion County Prosecutor’s OfficeMarion County Prosecutor’s Office

251 E. Ohio St., Suite 160251 E. Ohio St., Suite 160

Indianapolis, IN 46204Indianapolis, IN 46204

(317) 327-1911(317) 327-1911

(317) 327-5307 fax(317) 327-5307 fax

SHC3100@indygov.orgSHC3100@indygov.org

Contact InformationContact Information

EDWARD ZYCHEDWARD ZYCH

F.A.C.T. Deputy ProsecutorF.A.C.T. Deputy Prosecutor

Marion County Prosecutor’s OfficeMarion County Prosecutor’s Office

251 E. Ohio St., Suite 160251 E. Ohio St., Suite 160

Indianapolis, IN 46204Indianapolis, IN 46204

(317) 327-8511(317) 327-8511

(317) 327-5307 fax(317) 327-5307 fax

ezych@indygov.orgezych@indygov.org