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

ISP: No evidence of missing tape (4/7/04)

State police wrap up probe of chase fatal

By By Mike [email protected]

An investigation into videotape evidence surrounding a fatal police pursuit last summer is over.

Investigators from the Indiana State Police have concluded that there is no evidence that there was or is a missing videotape of the July 18 incident which resulted in the death of Brandon Hilbert, 20, who was driving a motorcycle which crashed along Ind. 26 in eastern Jay County.

Jay County prosecutor Brad Burkett and Portland Police Chief Robert Sours met with three officers from the Indiana State Police this morning to discuss the findings.

“I have decided there is no evidence of any police misconduct or cover-up in the aftermath of the Brandon Hilbert police chase,” Burkett said in a statement.

Brandon Hilbert’s father, Larry Hilbert, also issued a written statement late this morning.

“The ISP clearly does not have all the evidence. We are not going to get into an argument with the ‘good ole boy’ mentality. Our experts clearly believe, as we do, the evidence will show there was foul play, and in fact that there indeed was a tape under Officer (Rob) Myers’ arm and it will be proven in a court of law,” Hilbert wrote.

The incident sparked tort claims and threatened lawsuits from the family of Hilbert and passenger Robyn Philebaum, who survived the accident.

Members of Hilbert’s family had made several allegations of misconduct against Portland police — specifically against Myers, who was driving the lead car in the pursuit that began in Portland.

Among those was raising the possibility that Myers removed and hid or destroyed a videotape from his in-car camera. Myers and Portland police say that no videotape was placed in Myers’ car the day of the chase because Myers thought the video recorder was not working.

A written statement from Master Trooper Bart Hensley, an ISP videotape expert who produced his own enhanced version of a video from officer Brad Ridenour’s car, said he does not believe a portion of that tape shows Myers carrying a videotape back to Ridenour’s car, as the Hilbert family alleged.

“After analyzing the enhanced portion of the segment it is my opinion that the item that the officer is carrying is not a VHS tape,” Hensley wrote.

In an interview with ISP Det. Rocky Stotts and Det. Kathy Robbins on Feb. 5, Myers, who answered questions without an attorney present, said the items he retrieved from his car and carried back towards Ridenour’s car were a flashlight and a disposable camera.

Earlier this spring, Larry Hilbert had said an enhanced video produced by an expert he hired showed Myers carrying a videotape under his left arm.

The ISP investigation was first initiated with a request from Portland Mayor Bruce Hosier in early January. Burkett made a follow-up request for an investigation one day later.

Sours, who took office along with Hosier on Jan. 1, said this morning that he was pleased, but not surprised, by the findings of the probe.

“After looking at the material ... I was confident that ... the state police would see the same things I had observed myself. I felt the state police would come to the same conclusion I had in January,” Sours said.

State police made their own enhancement of the videotape from Ridenour’s car and converted it to black and white.[[In-content Ad]]
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