High Speed Chases
 

Paden charged with misdemeanor vehicular homicide during pursuit
By Bill Wilson
GREAT BEND - Barton County Sheriff's Deputy David Paden was charged Wednesday with misdemeanor vehicular homicide in the Sept. 1, 2003, death of a Great Bend man during a police pursuit.

Sheriff Buck Causey and county officials took no immediate administrative action against Paden, an 11-year sheriff's deputy, after Kansas Attorney General Phill Kline filed the charges in Barton County District Court.

Paden will make his first appearance at 9 a.m. Feb. 27 in Barton County District Court. He's charged with unintentionally killing Brian K. Frenzl, 40, of Great Bend. Frenzl's motorcycle slammed into the front of Paden's patrol car as the deputy made a U-turn on U.S. 281.

Paden remains on road patrol, Causey said at 3 p.m. Wednesday.

"Obviously, he has a right to the legal process," the sheriff said. "It wouldn't be appropriate for me to comment or become involved while that legal process is being carried out."

But during an interview an hour later, Causey said he "had some decisions to make" on Paden's status with the department.

"That's not to say, you understand, that he'll still be on the road today, tonight or tomorrow," Causey said in the second call. "All I was saying was that as we speak, he's still on the road."

Paden also was charged Wednesday with operating a motor vehicle with unlawful tinting and making an unlawful U turn.

Vehicular homicide is a misdemeanor with a fine up to $2,500 and up to a year in jail. Paden faces up to a month in a jail and a $500 fine on the tinting charge and a $60 fine for the illegal U-turn.

"Oh, thank you, God," said Frenzl's girlfriend, Rita Budig, about the filings.

She declined further comment on the advice of her attorney.

Employment options

Causey's initial decision to leave Paden on the road is unusual, but not unprecedented, said several law enforcement officials.

"I think there would be a whole lot (of reason), without all the details of this case, to at least take the officer off the street until the situation is resolved," Hutchinson Police Chief Dick Heitschmidt said.

Locally, a similar arrest would "have several options with it," he said.

"At the very least, you could bring the officer inside and do a desk job and not suspend them with pay," he said. "It very easily could be a suspend-with-pay situation."

Darrell Wilson, the president of the Kansas Sheriff's Association, agreed but said similar incidents are handled differently by departments.

"It's the classic judgment call," Wilson said. "If you felt like his credibility and the credibility of your department wouldn't be hindered, you could leave him on the street. If you or the sheriff, or the chief or the city manager or whoever feel like it is, then you take him off."

Interim Barton County Administrator Richard Boeck-man said the county commission won't meet for two weeks, so he would "defer to the sheriff on what he decides to do with Officer Paden," he said.

Paden's patrol car

An investigation in September by several Kansas Highway Patrol troopers into Frenzl's death found that Paden's patrol car was illegally tinted and improperly retrofitted to accommodate the dog in his K-9 unit.

As a result, investigators noted, Paden would have been forced to lean out the driver's window to avoid obstructions and see Frenzl's motorcycle coming from behind.

Causey said Wednesday the car was illegally tinted at the factory, and then the infraction was compounded when it was further tinted for the dog.

"It was certainly darker than the law allows," Causey said.

Wilson said the car's condition "shouldn't have been a factor in the accident."

"It's hard to deny the deputy made a mistake," Wilson said. "And to say that because of the windows and the dog's cage he couldn't see out is malarkey. If a motorcycle's coming at you at 50 mph or whatever and it's 100 yards away and you can't see out the side window, it's a rear view mirror thing for the driver."

Paden's record

The Frenzl accident was the fourth chase-related wreck involving Paden in the last two years.

Adam Mayers, 16, died Jan. 5, 2002, after his truck slammed into a telephone pole during a high-speed chase initiated by Paden.

Brian Case was injured in a March 2002 motorcycle accident after a chase that included Paden.

And Jeffrey Wayne Chapman, 22, of Hutchinson, was treated and released Oct. 29, 2003, after his car struck a tree at 8th and Hubbard in Great Bend after a five-block chase initiated by Paden.

The investigation

Charges were filed following an investigation by the Kansas Bureau of Investigation and the Kansas Highway Patrol.

That investigation came after Barton County Attorney Rick Scheuffler referred the case to the AG in November, citing a possible conflict of interest.

Assistant Attorney General Stephen Maxwell will prosecute the case.

Reporter Bill Wilson can be reached at bwilson@hutchnews.com or by calling (620) 694-5700, ext. 314.

I have been seeing stories about chases more and more on the news, and many criticizing the policies. I have some thoughts, but my thinking has changed over the years. Of course, when I was the victim of persecution by the unjustice system, the policy was simple - You run you get chased until caught.

Anybody want to discuss this?

The LEOs I used to work for in my political consulting days told me that most PDs in this area have policies against unbridled high-speed chases because they don't want bystanders to get hurt. They use a tag-team system where cars drop on and off of the fleeing suspect and helos do most of the chasing, IIRC.

I personally dont think high-speed chases are worth it. I cant recall the numbers but I heard/read one time the majority of high speed chases are the result of traffic violations committed by drivers with suspended licenses.

I just dont see the capture of a driver with a suspended license being worth any bystanders life, but thats just me.

You stop chasing them and you can watch the stolen car and associated crime rate go through the roof.

I lived through that in Tampa, which went from like, #43 or so in GTA to #1 in three years.

They need pursuit policies, to chase intelligently, and to fire idiots like this. The media also needs to quit televising chases like they are some big game.

Killing a biker is viewed as less sensitive than hitting a stray dog. If you unjustifiably kill an innocent biker, you should go to jail.

OTOH, if you refuse to stop, you get what is coming to you.

TR

The LEOs are going to think I have it out for them aren't they?

You don't???

I figured this was some sort of compensation mechanism for your jealousy and admiration of your brother. Did he kick your A$$ to many times growing up or something? ;) LOL

I am with Reaper on this issue. You can't prevent them from chasing the criminals. Don't fall victim to the media's focus on rare events and then try to make policy as if that were the norm.


AS to this guy, if he broke the traffic laws that are enforced when a cop is chasing someone.... prosecute him for his negligence.

Those other three inflammatory incidences listed in that rag article have nothing to do with this instance. They are listed to taint the cop... none of those were his fault and should be brought up against him.

If you anyone feels otherwise, my guess is that you are the type person who might be influenced into trying to blame the gun verses the person who shoots it on gun control issues. All the Libs would have to do is keep running Colombine stories over and over. Individual responsiblity seems to be an idea that noone wants to address anymore. :(

TR:

Maybe I should clarify my position. I am not opposed to chases, I am however opposed to chases at high speed. If a person runs they get what comes to them if they crash.

I had the displeasure of cutting(extricating) a SC state trooper's body out of his cruiser about 3 years ago after skidding off the interstate and striking an oak tree with the passenger side of his Crown Vic at 120mph while chasing a guy with a broken tail light. The vehicle struck the tree about 5 feet from the ground and was suspended there until I removed it. I will see if I can find the pics of his cruiser tomorrow at the office. I have never seen a car wrap around a tree like that.

About 8 years ago another Trooper struck and killed a 9 year old girl and her mother while chasing someone who stole gas from a convenience store. The trooper's estimated speed at impact was 85 mph. This was through a small mill town. The trooper was aquitted of vehicular manslaughter

All that to say there really should be a more defined policy for chases rather than the chase until caught, or someone dies method.

For me the issue is not individual responsibility but a lack of reasonable protocol for chases. I dont have a magic number so dont ask me to provide one.

And no I dont think, "its the gun's fault" mentality so dont go there. Dont confuse the issues.

Surgcric-
You name two horrific instances. In one, a trooper was traveling at to high a rate of speed for his circumstances and was killed. It was his fault. Tragic.... a waste... but still his fault.

The other is tragic but again the trooper was following at a higher rate of speed than was considered safe. I am in favor of protecting those that serve from frivolous lawsuits... immunity for any action I am not.

I don't think anyone is arguing that the cops should chase at the maximum speed possible for their vehicle in all instances. It shoudl be left to the judgement of TRAINED officers as to its feasibility. Maybe we have a training problem that needs to be addressed. Also, guidelines should be set and reevavluated constantly using advances in technology and equipment available to apprehend these dirt bags.

Anybody have any numbers?

Its not a lack of training, its a lack of protocol. You cannot expect the LEO directly involved in the chase to make that judgement. In most instances he will continue out of pure adrenaline.

Its someone sitting down and saying, "this is too fast for this area." I also think the shift officer, zone fficer, etc should have the authority to call it off. Thats all.

I will call SLED tomorrow and get some if you would like.

I agree with you James. The guidelines should be developed before hand. The point about shift supervisors,etc is a good one. In my little bros dept., that is exactly who has to authorize ANY high speed chase.

But the policy of no chasing or making public what the maximum speeds that are allowed will only increase the probability for fleeing to occur.


NDD-
Statistics only prove what you want them too. You know that. You will never get a true picture of the total number of chases, etc because a lot of the successful ones go unreported. You will generally only see statistics kept on either the most severe/highest speed ones that make the news or the ones in which accidents take place.

One point about not expecting officers to remain controlled and professional. WE expect 18-22 year old marines to enter areas under fire from the enemy yet still retain enough composure to not indescriminantly kill every civilian and bad guy in site. That is because of their training level... We should give cops the same level of training for auto chases.

I don't think it is that difficult a thing to teach. FWIW, I would think a soldier being shot at is experiencing a lot more of an adrenaline rush than a cop who wants to drive fast.

Thoughts?