Who is FACT? Mishawaka Police Department South Bend Police Department St. Joseph County Police Department Walkerton Police Department
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- Jodie Golden
- 5 years ago
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2 What is FACT? Fatal Alcohol Crash Team Funded by the Indiana Criminal Justice Institute (ICJI) Concept began in Marion County, Indiana in 2001 Tasked with investigating crashes involving serious bodily injury or death where alcohol/drugs or reckless driving is a factor
3 Police Officers from: Who is FACT? Mishawaka Police Department South Bend Police Department St. Joseph County Police Department Walkerton Police Department Assigned Prosecutors with special training in toxicology and crash reconstruction
4 Who is FACT? Started in St. Joseph County, Indiana on January 1, 2006 Three Teams consisting of: A certified crash reconstructionist A drug recognition expert (DRE) Experienced interviewers Evidence technicians Deputy Prosecuting Attorney
5 Why are we here? Share examples of how the FACT concept works Share how adoption of FACT results in greater accuracy for crash reports
6 Case Studies St. Joseph County, Indiana FACT Berebitsky Krueger McGee Orta Devine Hoover
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8 On November 13, 2006 William Bennett was killed.
9 The driver of the van that struck him fled the scene.
10 It took a piece of plastic from Edison Road and a van s grill from a dumpster in Northern Illinois to bring him back.
11 The Crash Scene November 13, 2006
12 3400 Block of Edison Road
13 Total Station Scene Diagram Edison Road Manchester Drive
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15 Evidence Technicians collect debris
16 Just how big is that piece of plastic?
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19 The Early Investigation November 13, 2006
20 Concerned Citizens Provide Tips More than 15 tips in the days immediately after the crash FACT members begin running down each and every tip One tip suggested a white van owned by Karon Frozen Foods, Mishawaka, Indiana reflected recent crash damage Officers went to Karon Frozen Foods and did not find the van
21 Patrolling Police Officers On Thursday, November 16, 2006 police officers stopped a white van driven by DANIEL BEREBITSKY Berebitsky tells police he hit a deer on Bendix Drive earlier in the week Police take his information and release him
22 Who has white vans? FACT team members contacted... Fed Ex Comcast Cable Enterprise Rent-a-Car AEP Each business checked their repair records and their fleet of vehicles at police request
23 Most crashes occur close to home, so... FACT team members surveyed neighboring apartment complexes Hickory Village Edison Gardens Pin Oak Apartments Candlewood Apartments Woodfield Apartments Oak Crest Apartments
24 Marker Assembly Narrowed the year of manufacture to
25 The Press Conference November 22, 2006
26 Magrammes Used Vehicles helps FACT A white van similar to the suspect vehicle is located at a local car lot Pictures are taken and prepared for use at a press conference
27 Local Media Outlets help FACT The press conference resulted in an important tip from the manager of Gates Body Shop
28 The Press Conference Rings a Bell Dennis Prenkert saw the press conference and remembered a visit by a man named Dan Dan came into Gates on Wednesday, November 15, 2006 (2 days after the crash) for an estimate Dan said the van was registered to Karon Frozen Foods and left a cell phone number Dan left before the estimate could be completed
29 Sgt. Gene Eyster, SBPD Calls cell phone number for Karon Frozen Foods Receives return call from Dan on Saturday, November 25, 2006 Friendly conversation ensues
30 Lake County (Illinois) Sheriff s Department November 25, 2006
31 Out-of-State Help On Saturday, November 25, 2006 Sgt. Eyster called the Lake County (Illinois) Sheriff s Department for help Go to Berebitsky s address See what s there A van is in the driveway While repaired, suspicious traces remain
32 Lake County Impounds the Van The State s Attorney s Office impounded the van Berebitsky maintains to Sheriff s deputies he hit a deer in South Bend; nervous behavior
33 Highland Park, Illinois Monday, November 27, 2006
34 Have team, will travel FACT team members travel to Northern Illinois to meet with the Lake County (Illinois) Sheriff s Department Search warrants are obtained Illinois insurance records reveal where Berebitsky repaired the van...
35 Owner s Choice Body Shop
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42 Indiana State Police Laboratory Examinations
43 No definitive results from ISP Clothing, debris, windshield, grill, glass fragments, paint chips... No definitive matches.
44 Sgt. Ray Wolfenbarger, South Bend Police Crime Lab August 3, 2007
45 Sgt. Wolfenbarger He s not just a ballistics expert He s a tool mark examiner And certified as a Fracture Match Analyst
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50 Sgt. Wolfenbarger s expert opinion: These items at one time formed a single object.
51 Berebitsky charged, plead guilty without conditions, and sentenced to prison.
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53 State v. James Krueger
54 State v. James Krueger Double Fatal hit and run 11 th Street in Mishawaka, Indiana That night: Vague description of maroon/burgundy larger car and a hubcap. That s it. Tips come in. Lots and lots of tips.
55 Team members run down all tips. Go all over northern Indiana, southern Michigan Tip: neighbor has valuable stuff outside in the rain; kid owns a similar car. FACT goes to the house: I knew you d be here eventually.
56 As FACT found it...
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65 State v. Shane McGee FACT asked for assistance 1 week AFTER crash Suspect turned himself in before FACT even started Did NOT admit to drinking before crash FACT investigation so compelling he pleads guilty to DUI Death as well as LTS of a Death.
66 ad Been Drinking
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68 The Benefits of FACT This is breaking down silos Multi-jurisdictional teams Prosecutor part of the team Pooling training, experience, and equipment Credibility Prosecutors Judges Media Other agencies
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70 State v. Alexander Orta November 1, 2008 Alexander Orta crossed the centerline; struck off-duty Town Marshall Craig Toner Orta got out of his car. Orta got back in. Orta ran over Craig Toner. Orta was a.23, positive for cocaine, opiates, and other controlled substances
71 State v. Alexander Orta Charged not only with DUI Death and LTS of a Death, but Murder. Alexander Orta knowingly killed another person.
72 Exhibit 2 BL JS AB DT JK SM HC LA
73 Exhibit 5
74 Exhibit 17
75 Exhibit 24
76 Exhibit 25
77 Convicted at trial Of DUI Death, LTS Death, and Murder First of its kind in Indiana (that we know of) Accuracy in crash reports = Accuracy in charges = Accuracy in justice
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80 State v. Shawn Devine January 9, 2010 Shawn Devine flees from police during an attempt at a routine traffic stop Crosses center line, runs a red light, crashes into a Mishawaka Police car Kills Corporal Jim Szuba, Mishawaka PD, and his K-9 partner Ricky
81 FACT investigates. At scene that night for 7 hours Next day for another 4 hours Continuing investigation Multiple departments (not MPD)
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84 Devine pleaded to everything. MPD was grateful FACT handled the investigation Because of the strength of the investigation, the case was closed on May 14, 2010 with Devine s sentencing.
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86 State v. Leroy Hoover May 7, 2009 Two little girls hit by a car in a Mishawaka neighborhood Community and eyewitnesses decided driver was guilty and should pay dearly Accuracy in the investigation results in correct result Both on crash report And reality
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88 State v. Leroy Hoover
89 The Facts
90 The Neighborhood
91 The Intersection STOP STOP
92 The Diagram
93 Looking Eastbound on 11th
94 Looking at NW Corner
95 Witnesses
96 Scene Diagram
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98 Why does science say that? Skid mark is 100% braking Distance car traveled with less than 100% braking. Even if the skid mark was 68 8, the speed is 39 MPH (and that triples the length of the skid mark)
99 Toxicology THC-COOH Metabolite of Marijuana Toxicologists say it is a non-impairing substance It is a crime to operate with this substance in one s blood.
100 The question is: How did Hoover s driving cause the crash? Valid driver s license Following the restrictions imposed by the BMV Travelling in the correct lane At or near the speed limit With a non-impairing chemical in his blood
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