July 23, 2014 at 2:10 p.m.

Controversy continues over chase (1/19/04)

July incident reviewed
Controversy continues over chase (1/19/04)
Controversy continues over chase (1/19/04)

By By Jennifer Wilmes and Jack [email protected]

What happened?

Six months after a high-speed police chase ended in death, questions continue to swirl and tempers continue to flare.

In hopes of clearing the air and restoring the Portland Police Department’s credibility, Mayor Bruce Hosier has asked the Indiana State Police to investigate the July 18, 2003 incident in which Brandon Hilbert was killed and Robyn Philebaum, a passenger on his motorcycle, was seriously injured.

An official from the ISP post in Redkey said Thursday there has been no word if the investigation has been approved to proceed by ISP Superintendent Melvin J. Carraway.

Tort claims have been filed by Robyn Philebaum, her parents and Hilbert’s parents against the city of Portland and former and current city officials.

The claims allege, in part, that misconduct by Portland police officers led to the accident.

Family members also have contended that a videotape from the primary chase police cruiser was removed. Police have said the videotape recorder in the primary police car involved in the chase was not in use that night because the unit had been previously repaired and Portland officer Rob Myers was unaware that the recorder was functioning.

The tort claims also assert that “the city of Portland and the Portland Police Department failed to adequately train its police officers as to the criteria and conditions of police pursuits” according to the department’s policy.

Tort claims are required prior to filing a lawsuit against any governmental entity in Indiana.

Using audio tapes of police radio traffic, the written radio log, a videotape from the second police car at the scene of the crash, and a digitally-enhanced version of that tape, The Commercial Review has reconstructed a chronological account of the events surrounding the incident.

The contentions have fallen into three categories:

• Whether departmental policy was followed in connection with the chase.

• Whether the pursuing police cruiser made contact with the fleeing motorcycle and caused the crash.

• And whether a videotape in the first pursuing police cruiser was removed by officers at the scene.

The tort claims allege misconduct by officers Rob Myers and Brad Ridenour who, according to the claim, violated the Portland Police Department pursuit driving policy by initiating and maintaining the pursuit of the motorcycle driven by Hilbert.

The department’s “pursuit driving policy” states, “It is important that officers recognize that their focus during a pursuit remains on the safe conclusion of the pursuit and not on the concept of ‘winning.’ If, when an officer attempts to stop a violator in accordance with the department procedures and the violator or suspicious person attempts to escape apprehension or elude the officer by accelerating his vehicle or otherwise driving erratically, the officer is obligated to make a reasonable attempt to pursue the suspect or vehicle.

“However, the pursuing officer must terminate any pursuit when the risk of injury or damage to any person or property resulting from continuation of the pursuit becomes greater than the risk of injury to any person or damage to any property that would result from complete escape of the suspect.”

The day of the accident, former Portland Police Chief Bart Darby said that “as far as I’m concerned,” Myers followed department policy for pursuits and acted accordingly.

Larry Hilbert, Brandon Hilbert’s father, also contends that Myers’ squad car was so close to the motorcycle that Myers “either accidentally or intentionally” ran it off the road.

But Myers’ written report of the incident states he was half a mile behind Hilbert throughout the chase right up to the point that he saw the motorcycle leave the road at the curve on Ind. 26, near county road 800 East.

The accident report completed by Jay County deputy Matt Simmons said that Hilbert was fleeing from a Portland police officer eastbound on Ind. 26, missed the curve at county road 800 East and left the road at a high rate of speed.

According to statements given to Jay County police on July 23, 2003 by a Bellefountain couple who live on Ind. 26, they were both awakened by police sirens on the morning of the accident and heard both the motorcycle and police cars pass.

The male resident told police that he heard a motorcycle drive by and heard a police car pass three seconds later. The female resident told police that she heard the police car go by eight to 10 seconds after the motorcycle.

Jay County Sheriff Todd Penrod also said that he saw no damage to the front of Myers’ car at the scene on the morning of the accident.

As to the video unit in the Myers’ squad car, Larry Hilbert maintains that the video in the second squad car shows Myers removing a videotape from his car at the scene.

“Rob Myers ... removes the videotape from his squad car and hides it under his left arm ... About half way (walking from Myers’ car to Ridenour’s car) the tape slips and (Myers) grabs it with his right hand to keep it from falling,” Hilbert said in a written statement.

However, the videotape from Ridenour’s car — even in a digitally enhanced version — is far from clear as to what is actually happening in that sequence.

Portland Police Chief Bob Sours said last week that the tape shows Myers retrieving a notebook from the passenger side door of his car.

In Sours’ view, Myers tucks the black notebook under his arm and walks towards Ridenour’s car. As he is walking, his right hand comes up to his portable microphone that is secured to his right shoulder. His right hand then moves down near his waist to adjust the volume on his portable radio that is attached on his duty belt.

Police also point out that the squad car video units are kept in the trunk of the car. Officers retrieve the tape by opening the car trunk, unlocking the video vault and pressing the eject button on the recorder, Sours said.

The video from the second squad car clearly shows the trunk of the Myers’ car 22 seconds after his car stopped at the accident scene. No one is seen opening the trunk at any time in the video taken from Ridenour’s car.

Sours said he is not sure if Myers had a key to the vault in the car on July 18. He added that it is his understanding that most officers have a key to the vault because they put the VHS tape in the recorder at the beginning of their work shift and remove the tape at the end of their shift.[[In-content Ad]]The following reconstruction of the events on July 18, 2003 surrounding the police pursuit and motorcycle accident was created by combining audio tapes of radio traffic by Portland and Jay County police, a written log of Portland Police Department radio dispatches, Portland police officer Rob Myers’ written report of the incident, and video footage taken by a camera on the dashboard in Portland officer Brad Ridenour’s police car.

According to Myers’ written report of the incident, he observed Brandon Hilbert on a motorcycle in the 100 block of East Main Street. This also is where Myers saw then 19-year-old Robyn Philebaum get on the back of the motorcycle.

Myers wrote that he approached the intersection of Main and Meridian streets and saw Ridenour. He then radioed Ridenour with what he observed and told Ridenour to watch for the motorcycle because Myers believed that Hilbert’s license was suspended and he probably did not have his motorcycle endorsement.

At 1:30 a.m. Myers reported that he pulled his police car to the side of Meridian Street, just south of Main Street and requested that city dispatcher Rhonda Cowan check if Hilbert had a valid driver’s license and a motorcycle endorsement.

As Myers was waiting for the results that would be returned on his in-car laptop, he saw Hilbert travel east on Water Street from Harrison Street, according to the report. Myers wrote that Hilbert pulled into a stone area at the intersection of Hayes and Water streets. Myers’ narrative does not state where he was when he saw Hilbert at the intersection of Water and Harrison streets.

Myers then drove by and observed Hilbert and Philebaum on the motorcycle. He then traveled around the block to wait for the information on Hilbert’s driver’s license.

At 1:31 a.m. Myers received information that Hilbert’s driver’s license was suspended and that he did not have a motorcycle endorsement.

Myers then drove north on Munson Avenue to East Main Street, attempting to observe Hilbert on the motorcycle leaving that area, but the motorcycle never passed by Myers. He then drove east on Main Street to Hayes Street, where he saw Hilbert turn eastbound on Water Street from Hayes Street. Myers added that as he approached Water Street he observed Hilbert pull away from the intersection at a high rate of speed.

According to Myers’ report and the written dispatch log, Myers turned eastbound onto Water Street, activated his overhead lights and reported to dispatch at 1:35 a.m. that he was “attempting to stop a motorcycle eastbound on Water Street, excess of 90 mph.”

Within seconds, Myers added that he was past the city limits and traveling past county road 100 East.

Myers then told the dispatcher he was traveling in excess of 110 mph and approaching county road 300 East at 1:36 a.m.

Also at 1:36 a.m. Myers radioed, “Also advise county (police) to have a unit on the ... (not audible) ... on the east side just past (county road) 300 (East), excess of 130 (mph).”

Seconds later, Ridenour radioed dispatch saying, “Go ahead and make contact with 701 (then Portland Police Chief Bart Darby and) 716 (then Portland assistant police chief Mark Barnett).” Ridenour added, “I am also with 721 (Myers).”

The video recorder in Ridenour’s car was activated when he turned on his emergency lights while he was eastbound on Water Street between Hayes and Morton streets, just seconds behind Myers.

The overhead emergency lights on Myers’ car are visible on the video footage throughout most of the pursuit except when the cars travel over small rises on Ind. 26, outside the city limits.

Ridenour’s car reached the Salamonie River bridge on Water Street 13 seconds after the car’s camera was activated. Within nine seconds of passing the bridge, Ridenour reached county road 100 East.

One minute and two seconds after passing county road 100 East, Ridenour passed county road 300 East. He came to the intersection of county road 400 East 31 seconds later at an estimated speed of 118 mph.

At 1:39 a.m. Myers radioed the dispatcher and said, “Also you might want to advise Mercer County (police), advise them that we are heading eastbound on (Ind.) 26, just passed cars at (county road) 500 East, heading still east.”

Soon after that Myers radioed that he had just passed county road 600 East. A short time later, Myers told dispatch that he is “approximately 800 East going in excess of 130.”

Thirty-one seconds after Ridenour reached county road 400 East he passed county road 500 East. Ridenour entered Bellefountain 23 seconds later. Thirty-five seconds after reaching the west side of Bellefountain, Ridenour passed a semi truck driving west on Ind. 26 just west of the intersection of county road 700 East.

Jay County deputy Matt Simmons then came onto the Portland frequency, telling Myers to “watch out for the curve at (800) East.”

At 1:41 a.m. Myers radioed, “Portland 721 we have a 10-50 10-50 10-50 (accident)! Send medics, we have two down, two down!”

In Myers’ written report, he said he saw the motorcycle leave the road and crash on a curve just west of county road 800 East. He also wrote that he was approximately a half mile behind Hilbert during the entire pursuit.

“I maintained that distance and observed the crash from that distance, also” he wrote. Myers also wrote in his incident report that he saw Hilbert look over his left shoulder three different times during the pursuit.

The dispatcher asked Myers for his location. He answered, “26 800 East, 26 800 East.”

Nineteen seconds after Ridenour passed the semi truck, just west of county road 700 East, Myers’ police car appears to have stopped on the north side of Ind. 26, just west of county road 800 East. Ridenour passed the curve sign on Ind. 26, approaching county road 800 East, approximately nine seconds after Myers came to a stop.

Ridenour pulled up behind Myers’ car 13 seconds later. As Ridenour drove up, a light can be seen on the north side of the road that is consistent with a flashlight.

Myers was not in view of the camera when Ridenour parked his car, partially in the westbound lane of Ind. 26 and partially on the north shoulder of the road. The rear and passenger side of Myers’ car, which was parked on the north shoulder, are visible on the video tape when Ridenour parked.

Approximately 22 seconds elapsed on the video from the time that Myers’ car stops to the time that Ridenour stops behind Myers’ car.

At 1:42 a.m. Myers told the dispatcher to contact Darby and Barnett and “advise them what we have here is a possibility of one 10-0 (death).”

The dispatcher told Myers that she had Darby on the telephone.

At 1:44 a.m. Myers told the dispatcher that the motorcycle’s “plate number 210610 (2002) issue.”

He again repeated, “Possible we have one 10-0.”

He then added, “She (Philebaum) is still breathing, looks like she’s in pretty bad shape.”

After Ridenour parked, neither officer was in view of the video camera until three minutes and 43 seconds later. At that point, Myers walked to the passenger side of his car. He reached for the door handle and pulled. The door was locked. He unlocked the passenger side door and reached inside his car twice.

Myers then walked toward Ridenour’s car putting his right hand up towards his face, but what he is doing is not visible. Myers then put his right hand down near the left side of his waist, but his exact actions also are not visible. Myers then left the view of the camera walking toward the driver’s side of Ridenour’s car.

As Myers was reaching inside his car, Ridenour backed his car off the road, drove forward slightly, and parked on the shoulder of the road behind Myers’ car. Myers was walking toward Ridenour’s car as it is moving. Myers stepped one step to the north as Ridenour pulled his car up closer to Myers’ car.

After one minute and 25 seconds, both Myers and Ridenour enter the view of the camera and take 10 seconds to walk down the small hill on the north side of the road and disappear into the darkness where Hilbert and Philebaum reportedly landed following the accident.

Approximately two minutes after Myers and Ridenour went down the hill, Simmons arrived at the scene. As Simmons parked his car in front of Myers’ car, Myers entered the driver’s side door of his car. Myers then shut the car door and walked north back down the hill.

Seventeen seconds later a red sport utility vehicle driven by Portland officer Chad Ridenour pulled up and parked between Myers’ and Ridenour’s car. He then exited the SUV. Through the front windshield of the SUV, the light bar on top of Myers’ car is visible on the videotape.

Jay County Deputy Greg Franks arrived at the scene 42 seconds after Chad Ridenour. About one minute and four seconds after he arrived at the scene, Franks contacted medics, who were headed to the scene, asking them if the coroner had been contacted.

About 20 seconds later, medics asked Franks if he had checked Hilbert.

Franks answered, “Not as of yet. That is just what I am understanding here. I haven’t got there yet.”

Seconds later, Franks said, “Medic one, we have one confirmed (dead). The other one is still alive at this time.”

Three minutes and 21 seconds after Franks asks medics to contact a coroner, the medics arrived at the accident scene.

The ambulance arrived four minutes and five seconds after Franks, about 12 minutes and four seconds after Myers radioed for medics to be sent to the scene.

The tape ends eight minutes and 40 seconds after the ambulance arrives.

Toxicology on Brandon Hilbert tests taken July 18 were negative for traces of alcohol and positive for cannabinoids (THC), a common component of marijuana.

Jay County coroner Brad Myers said Thursday that according to officials from the laboratory that completed a majority of the toxicology tests, Hilbert’s cannabinoids level “was not a high concentration but could alter (Hilbert’s) state of thinking. And was likely (smoked or ingested) sometime within eight hours (of the incident).”

(CR staffers Jack Ronald, Mike Snyder, Michael Kitchel and Barbara Wilkinson assisted with this reconstruction.)
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