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CHP Not Likely To Revise Freeway Traffic Stop Policies

July 6, 2010
byLaw Officer
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It's unlikely that the California Highway Patrol will make sweeping changes to its policies and procedures regarding freeway enforcement stops following the recent deaths of several officers, CHP Commissioner Joe Farrow said.

Five men lost their lives in the line of duty since May, making 2010 the department's worst in terms of fatalities since 1996.

"It's the actions of others that resulted in the deaths of three of my officers," Farrow said.

Three of the five were struck and killed while performing traffic stops on California freeways.

The incidents are prompting some to question if the policies and procedures for traffic stops should be reviewed, while highlighting the dangers CHP officers face every day.

"You have these three incidents where if everybody did what they were supposed to do, (the officers) would be with their families right now, enjoying life," Farrow said.

Farrow was in Paso Robles on Friday, attending a memorial service for Officer Brett Oswald, who was struck and killed June 27.

John Hayashi, a member of the CHP Citizens Oversight Committee, said he's confident in the department's policies already in place.

"We can only do so much, but then we need help from the public," he said. "When you're not a responsible driver, this is what happens."

Farrow said the CHP would review the incidents following a memorial for fallen officer Justin McGrory today.

"We'll sit down and look at these collisions and see what similarities there are between them," he said.

Capt. Dan Minor of the CHP's Santa Fe Springs office said officers are trained to never turn their back on traffic, but these incidents happen "in the blink of an eye."

"As Highway Patrol officers, we are always aware of that threat that's there on every single stop that we make," he said.

Minor said the recent deaths highlight the need for motorists to slow down when approaching emergency vehicles on the freeway.

"It's really hard for us to convince people and we pound this into our own people … painted white lines don't protect you from anything," he said.

A law enacted in 2007 makes it illegal for motorists to pass stationary emergency vehicles, tow trucks or Department of Transportation vehicles flashing warning lights, at high speeds. According to the California Department of Motor Vehicle's website, the infraction is punishable by a fine of $50.

"If they're displaying flashing lights, (motorists are) supposed to safely make a lane change, or slow down to a reasonable speed," said Erin Komatsubara, CHP spokeswoman.

Since the department's inception in 1929, 220 officers have died in the line of duty, according to Komatsubara. Of those, 32 were struck and killed during traffic stops, she said.

Oswald, 47, of Paso Robles was struck by a motorist as he waited for a tow truck to arrive at the scene of a traffic collision in Paso Robles on June 27.

Kaylee Weisenburg, 22, of Atascadero, is charged with vehicular manslaughter with gross negligence in connection to the crash, according to San Luis Obispo County District Attorney's Office officials.

Oswald, who worked out of the CHP's Santa Fe Springs office for seven years after graduating from the academy in 1990, is survived by his wife, Marlene.

Officer McGrory, 28, also died June 27 when a vehicle veered off the road and struck him as he was issuing a speeding ticket on the 15 Freeway in Victorville.

The driver, 18-year-old Rafael Garcia of Las Vegas, is charged with gross vehicular manslaughter, child endangerment and transportation of 68 grams of marijuana, according to San Bernardino County Deputy District Attorney Jill Gregory.

"We are awaiting lab results for the toxicology results," she said. "Once we receive them, we'll evaluate whether additional charges can be filed."

Garcia is due in court for a preliminary hearing Thursday, Gregory said.

McGrory, a Victorville resident, worked in Barstow after transferring there from Baldwin Park last year.

CHP officer Kerri Rivas was in the same graduating class with McGrory in the training academy in 2007.

She worked as his partner for about a year and the two became good friends, she said.

"One of the reasons why it was always fun is he had a real cool attitude," she said. "Nothing ever upset the guy."

His memorial service is scheduled for noon today at High Desert Church in Victorville. McGrory leaves behind his wife, Kelly, son Liam, 1, stepson Cade Hamilton, 4, and stepdaughter Erin Hamilton, 7.

His wife is also pregnant and due within the next couple of weeks, Rivas said.

Officer Philip Ortiz died June 22, 13 days after being struck by a motorist as he was conducting an enforcement stop on the 405 Freeway, south of National Boulevard.

Officer Thomas P. Coleman died June 11 when his motorcycle collided with a big-rig during a high-speed pursuit in San Bernardino County.

Officer Daniel Benavides was the first to be killed this year. The Border Division patrolman died May 7 when his CHP aircraft crashed near Ocotillo Wells, located in an unincorporated portion of San Diego County.

"If there's a good thing out of the fact that these five officers lost their lives, it is that maybe it will get the public to recognize the dangerous job that we do and it will get their attention and (make them) think about their own driving habits and see what they can do to avoid it from happening," Minor said.

[email protected]

626-962-8811, ext. 2718


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