Suit filed in fatal chase (4/21/04)

The estate of a Portland man killed in a high-speed police pursuit last summer has filed a suit against the city and two officers involved in the chase.

The suit, filed Friday in Jay Circuit Court, alleges civil rights and tort violations by the city and two officers against Brandon S. Hilbert, who was killed when the motorcycle he was driving crashed at about 1:30 a.m. on July 18, 2003. A passenger, Robyn Philebaum, was seriously injured in the crash.

Named as defendants are the city, along with police officers Rob Myers and Brad Ridenour. Myers was driving the police car closest to Hilbert when he crashed, while Ridenour was behind Myers.

The suit says that the officers caused the death of Hilbert by violating the city’s policy on police pursuits.

Indianapolis attorney Tom Hastings filed the suit on behalf of the estate, which includes parents Larry Hilbert and Sheri McGalliard and personal representative Floyd Steen. Steen is listed as the plaintiff in the case.

“I think it’s a case that the facts need to be out in the light of day so the community can get some answers,” Hastings said in a phone interview this morning. “If that means going to trial, that’s fine.”

Portland city attorney William Hinkle said this morning he had not seen a copy of the suit and declined comment. He said the suit would be turned over to the city’s liability insurance carrier, and that a response would be filed in 20 to 45 days.

Portland Mayor Bruce Hosier also declined comment this morning.

Both sides agree that Hilbert, with Philebaum as a passenger, was driving a borrowed motorcycle in Portland during the early morning hours of July 18.

Hilbert, whose driver’s license was suspended and who did not have a motorcycle endorsement, fled east on Water Street (Ind. 26) with Myers and Ridenour in pursuit. The lawsuit states that Myers and Ridenour “initiated a high speed pursuit.”

The motorcycle left the north side of the road at the beginning of a curve on Ind. 26 and crashed about seven miles east of the Portland city limits. The suit says the chase ended “when Myers either struck the motorcycle occupied by Brandon and Robyn or was in such close proximity to the motorcycle that Myers caused Brandon to lose control and crash.”

Investigations by Jay County and Indiana State police found no evidence to support that claim.

The suit claims that Myers and Ridenour violated the police department’s pursuit policy and that the city failed to properly train and supervise the two officers. It also alleges under federal civil rights statutes that the officers used excessive force in their attempt to stop the motorcycle.

Former Portland Police Chief Bart Darby said the day of the incident that he did not believe the officers violated city policy on pursuits.

The tort claims in the suit are accompanied by a cap on damages of $300,000. There is no limit to the damages if the defendants are found guilty of civil rights violations.

Much of the evidence and controversy regarding the incident has focused on a videotape of the chase taped by a camera in Ridenour’s car.

City officials have said that no tape exists from Myers’ car because he believed it was not functioning.

The Hilbert family, who hired a firm to enhance the videotape from Ridenour’s car after the chase was concluded, believes it shows Myers carrying a videotape from his car back to Ridenour’s car.

Hastings said this morning that experts are prepared to testify that Myers is carrying a videotape.

An investigation by Indiana State Police that was completed earlier this month found no evidence of wrongdoing by the city or police department in regards to videotape evidence.

Hastings said that although the focus has been on videotape evidence, he believes he can win without it.

“The fact is, I think we can clearly show that they violated their own policy, and that resulted in Brandon’s death. Obviously, their handling of the evidence is not exactly stellar,” Hastings said.

Hastings said this morning that he expects Philebaum will be a witness in the case. Repeated attempts by The Commercial Review to contact her for comment have been unsuccessful.

“I don’t know if she’s able to testify as to what happened at the accident scene,” Hastings said of Philebaum. “I think she’ll definitely be a witness ... at least to some events that happened earlier in the evening.”

An attorney representing Philebaum has filed a tort claim notice in the case, but has not filed an actual suit.

Several city police polices — including the policy on pursuits, are attached to the lawsuit as exhibits.

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.”[[In-content Ad]]