# Colorado Trooper Cleared in Deadly Crash



## kwflatbed (Dec 29, 2004)

*PATRICK MALONE*
_The Pueblo Chieftain (Colorado)_









Nov. 30--District Attorney Bill Thiebaut announced on Wednesday that a Colorado State Patrol trooper acted appropriately last month, when he performed a driving maneuver that caused a crash that killed a teenage auto theft suspect.
Ricky Allen Arce, 15, of Colorado Springs, died Oct. 13 from injuries sustained when he was ejected from a stolen van. Colorado State Patrol Trooper Larry Brooks ended a high-speed chase between troopers and Arce by executing the tactical vehicle intervention maneuver. The chase spanned more than 40 miles and reached speeds of 100 mph.
The maneuver is performed by a trooper driving parallel to a suspect's vehicle, aligning his cruiser's front end with the rear portion of the suspect's vehicle, then making contact with it, causing the suspect's vehicle to rotate.
In the case of the 1991 Dodge Ram van that Arce was driving, the passenger-side tires were already flat from an earlier attempt by the state patrol to end the chase by using stop sticks. When Brooks executed the maneuver, the van flipped. Arce was ejected in the crash and died from his injuries.
In an eight-page summary of the investigation by the multi-agency 10th Judicial District Critical Incident Team, Thiebaut reported: "Trooper Larry Brooks drove his cruiser during the pursuit of the suspect in as careful and prudent (a) manner as he could considering all other attendant circumstances and exercised reasonable judgment in terminating the pursuit. He complied with statutory law, case law and pursuit policy guidelines. Therefore, there is not a reasonable likelihood or probability that Trooper Brooks committed a chargeable offense that can be proven beyond a reasonable doubt, unanimously, to a jury. Accordingly, no charges will be filed against (Brooks)."
Soon after midnight on Oct. 13, police identified Arce as a suspect in the reported theft of a van from the Hudson Group Home in Colorado Springs, where Arce was a resident, according to the critical-incident team report.
In Colorado Springs, police found the van traveling southbound on Interstate 25 and pursued it at speeds up to 90 mph. Colorado Springs police terminated the chase at Circle Drive as the van approached a construction zone on the interstate.
In the construction zone, Colorado State Patrol Trooper J.C. Wolff Jr. spotted the speeding, stolen van and began to chase it. Wolff's cruiser caught up to the van, which was traveling 100 mph. With Wolff in pursuit and his emergency sirens and lights on, Arce passed 12 cars on a 23-mile span of the highway between Colorado Springs and Pueblo, according to the report.
In Pueblo County, state patrol troopers placed stop strips in Arce's path, causing the passenger-side tires to begin slowly deflating, and dropping the van's speed to about 60 mph. Within two miles, the tires were completely flat, and three more troopers had joined Wolff's pursuit of Arce.
As the troopers boxed in the van and slowed it to 30 mph, Arce reportedly rammed Wolff's cruiser twice, then proceeded to accelerate to 90 mph, despite the passenger-side tires being reduced to rims.
Brooks had joined the pursuit by then with emergency lights and sirens activated. He requested a supervisor's permission to employ the tactical vehicle intervention technique, and was informed by a sergeant to use his own discretion in determining whether to nudge the van.
For four miles, Brooks jockeyed for position to execute the maneuver before he was finally able to do it 14 miles south of Pueblo.
The van rotated counterclockwise, turned broadside and went into the median, where it rolled, ejecting Arce in the process.
"It's always tragic when a human life is lost," Thiebaut said. "It's especially troublesome when you have a young man of tender years, like the 15-year-old in this case. Unfortunately, even a young person can cause death or serious injuries to others based on their actions. In this case, there was no other choice for the trooper than to terminate the pursuit in the way it was done and where it was done."
In his report, Thiebaut stated that Brooks followed the state patrol's accepted policies for employing the tactical vehicle intervention technique by activating emergency lights and sirens, and that the maneuver was only employed after alternative attempts to end the chase failed. In addition, Thiebaut determined that Brooks was justified in his actions because the incident occurred during the legitimate pursuit of a criminal suspect.
Wednesday's announcement was the second issued by Thiebaut concerning deadly incidents involving vehicles driven by law-enforcement personnel since the critical incident investigative protocol took effect at the start of this year.
In the first investigation, Thiebaut determined that a misdemeanor charge of careless driving resulting in death would be filed against Deputy Jonathan Post of the Pueblo County Sheriff's Department for the June 16 accident at U.S. 50 and Morris Avenue that killed 74-year-old Willis Green. That case is pending in county court, and Post remains on duty.
Thiebaut said the split outcomes of the two cases the critical incident team has reviewed since its inception speak to the neutrality of the process.
"I'm confident that the process is very objective and allows for thoughtful, thorough investigation of a situation," he said.
Each law enforcement agency in Pueblo County is on the critical incident team, and participates where needed in investigations of serious incidents involving members of law enforcement. The findings are passed on to the district attorney, who determines whether crimes were committed by law-enforcement personnel or anyone else involved.

Copyright (c) 2006, The Pueblo Chieftain, Colo. Distributed by McClatchy-Tribune Business News. For reprints, email , call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

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