# Patrol: Trooper in Ohio fatal crash was drunk



## kwflatbed (Dec 29, 2004)

Wrecker crews prepare to haul away wreckage from a fiery crash that claimed the lives of two officers and a female motorist Sept. 28 near Gallipolis, Ohio. Trooper Joshua P. Risner, 29, who was killed the crash, was found to be drunk when he caused the accident. 

The Associated Press

*COLUMBUS*, Ohio- A highway patrolman was legally drunk when his cruiser crashed into another vehicle last month, killing him, another trooper and the other driver, officials said Friday.
The State Highway Patrol said a blood test on trooper Joshua Risner showed a blood-alcohol level of 0.08, the level considered drunk under Ohio law.
Neither Risner's passenger, trooper Sgt. Dale Holcomb, nor the driver of the other car, 32-year-old Lori Smith, had been drinking before the crash Sept. 28 near Gallipolis in southeast Ohio, the patrol said in a news release.
Risner, 29, had worked for the patrol for seven years. Holcomb, 45, was a 21-year veteran.








_Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed_


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## tazoez (Dec 9, 2005)

Ok, for all the officers/troopers here ---- legally drunk???

what would the penalty had been if he had lived - aside from diciplinary action.


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## Guest (Oct 14, 2006)

I can't wait to see the response from the smarmy, holier-than-thou Ohio Troopers on another police message board when they see this......


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## kwflatbed (Dec 29, 2004)

Ohio Union Contradicts Report of Alcohol in Trooper's System

*Story by nbc4i.com*

The union that represents highway patrol troopers is trying to salvage the reputation of one of its own. 
Sgt. Dale R. Holcomb, 45, and Trooper Joshua P. Risner, 29, died on Sept. 28 when their vehicle collided with a pickup and caught fire. Last week, the Ohio State Highway Patrol said Risner had alcohol in his system at the time of the autopsy, NBC 4's Nancy Burton reported. 
NBC 4 received an e-mail containing a union document regarding the incident. 
The union said its investigation has already revealed that Risner, a seven-year veteran with the patrol, had not ingested any alcohol prior to going on duty or while on the clock. 
The union disputed the blood-alcohol level recorded by the coroner, which is why it said it will hire an independent toxicologist to look at the blood-alcohol test results. 
Coroner Dr. Dan Whitely said that according to an autopsy conducted two days after the crash, Risner's blood-alcohol content level was 0.08, which is the legal driving limit in Ohio. 
Investigators determined that the patrol cruiser, driven by Risner, was traveling between 60 and 71 mph with its emergency lights and siren activated. 
Officials said the driver lost control, spun into the westbound lane and struck a Chevrolet Silverado being driven by 32-year-old Lori Smith. Smith was traveling between 10 and 20 mph and moving to the right of the approach of the cruiser. 
Smith, of Vinton, Ohio, also died. 
The attorney for the union said the patrol has not conducted a thorough investigation. 
"We are actually doing an investigation, and we will prove Joshua Risner did not ingest alcohol the night before or while on duty prior to dying at 6 a.m.," said Herschel Sigall, attorney for the Ohio State Troopers Association. 
Sigall said he has a receipt proving that Risner went out to dinner with his wife four hours before his shift and that the couple drank only soda with their meal. 
Sigall said he talked with other troopers and sheriff's deputies from southern Ohio who said they observed nothing in Risner's conduct or demeanor that would lead them to believe he had been drinking. 
Sigall also said that at 2:25 a.m., Risner went to a convenience store where he bought a sandwich and a soda. 
"The only one being thrown under the bus who was the hero last week, now the villain, (is) Josh Risner," Sigall said. 
Sigall said alcohol may have been in Risner's system because the coroner took a deep-tissue sample more than two days after the crash. Sigall said alcohol is typically present after decomposition. 
The union is also upset that Risner's widow and children were told on Tuesday that the workers' compensation company is contesting their right to survivors' benefits. 
OSP officials declined to comment on the union findings, saying the patrol is conducting its own investigation. 
Watch NBC 4 and refresh nbc4i.com for additional information.

Copyright 2006 by nbc4i.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

*Related Stories*

Ohio Trooper Drunk in LODD


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## firefighter39 (Apr 10, 2006)

kwflatbed said:


> Ohio Union Contradicts Report of Alcohol in Trooper's System
> 
> The union disputed the blood-alcohol level recorded by the coroner, which is why it said it will hire an independent toxicologist to look at the blood-alcohol test results.
> 
> ...


I wonder how many times the Ohio Troopers have just accepted the coroners finding as facts, when it was not one of their own involved


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## pararezq (Sep 15, 2006)

not condoning the alleged actions but isn't that what the union is supposed to do? i hope my union insisted that the results were accurate before they used it to pull my families benefits. as far as question the results for others,,i would think that would fall into the lawyers responsiblity for a civilian...if i'm wrong please let me know so i can let my union know we need to start representing everyone charged with a crime to be sure the facts are correct.
thin thin thin blue line---order your plates now, limited availability...


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## pararezq (Sep 15, 2006)

my bad,,i should have figured that wasn't a real cop posting crap like that..isn't this mass cop not mass fire...


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## firefighter39 (Apr 10, 2006)

pararezq said:


> not condoning the alleged actions but isn't that what the union is supposed to do? i hope my union insisted that the results were accurate before they used it to pull my families benefits. as far as question the results for others,,i would think that would fall into the lawyers responsiblity for a civilian...if i'm wrong please let me know so i can let my union know we need to start representing everyone charged with a crime to be sure the facts are correct.
> thin thin thin blue line---order your plates now, limited availability...


I just think that it is ironic that they are now questioning the very system that they have been placing so much faith in to support their cases against drunk drivers etc..

If law enforcement has no faith in the medical examiner then it should call into question all the cases that have gone forward before this medical examiner.

I you, as a police officer did not believe the evidence was correct how could you go forward with a case in good conscience?


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## 94c (Oct 21, 2005)

http://cbs2.com/watercooler/watercooler_story_265135428.html


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## firefighter39 (Apr 10, 2006)

94c said:


> http://cbs2.com/watercooler/watercooler_story_265135428.html


That's awsum!!

I certianly hope that his union will leap to his defense, insist that the the science behind the breathalizer is junk and demand an outside investigation


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## PBiddy35 (Aug 27, 2004)

Firefighters make big legal decisions. Go in or stay out.


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## kwflatbed (Dec 29, 2004)

Ohio Highway Patrol: Trooper Not Drunk in LODD

*Ohio State Highway Patrol*

COLUMBUS, Ohio-- 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.

*Related Stories*

Autopsy: Ohio Trooper Consumed Alcohol
Ohio Union Contradicts Report of Alcohol in Trooper's System 
Ohio Trooper Drunk in LODD
Two Ohio Troopers Killed in Crash


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## justanotherparatrooper (Aug 27, 2006)

RIP troopers, your brothers had your back.


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