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OFFICERS DIDN'T KNOW SUSPECT HAD A GUN
Thursday, January 25, 2007COLUMBUS Massillon police officers who helped a state trooper pursue a fleeing motorist didn’t know the chase was almost on top of them.
And they didn’t know that the suspect, Donald Matthews, had a gun.
Police officers Kenneth W. Smith and Thomas J. Solinger said they knew only that the pursuit had been near Edwards Road in Wayne County, based on information from the Highway Patrol relayed through Massillon dispatchers.
But as they sped north on Route 21 in hopes of stopping Matthews at the city limits, they saw another Massillon cruiser and a car that matched the description of Matthews’ Taurus in a parking lot at Cherry Road NW and First Street.
Moments before, Trooper Joseph R. Hershey had reported that Matthews had a gun. Smith and Solinger never got the warning.
Matthews started shooting at them when they drove into the lot. Within the next minute or so, Matthews and police officer Eric B. Taylor were dead.
Solinger and Smith testified Wednesday on the third day of a trial in the Ohio Court of Claims. Taylor’s widow, JuWanna, is seeking damages for his death on Aug. 9, 2002. Her attorneys say Hershey failed to warn Massillon police that Matthews was dangerous.
The state argues that chases are inherently risky and says blame for the tragedy rests solely on Matthews, a 61-year-old Jackson Township resident and Constitutionalist who was upset after Hershey pulled him over for speeding and not wearing his seat belt.
Smith choked up as he remembered his close friend, Taylor.
"He was a good police officer," Smith said. "Always wanted to go the extra mile."
Smith and Solinger didn’t see Taylor until the shooting was over.
"We ran over there, and I rolled him over, and it was Eric," said Smith, who held his friend’s hand as they waited for the ambulance.
Attorney Allen Schulman Jr. asked Smith if he would have acted differently if he knew about Matthews’ behavior earlier in the chase.
Smith said yes.
Assistant Attorney General Peter E. DeMarco objected to what he called speculation on Smith’s part.
After a bit of wrangling, Judge Joseph T. Clark allowed Smith to continue testifying but said he would determine how much weight to give the evidence.
Also taking the stand Wednesday was former Highway Patrol dispatcher Douglas W. Hostettler, who monitored the pursuit.
Hershey didn’t relay all the details of the chase and he didn’t need to, Hostettler said.
"If Trooper Hershey felt his life was threatened, I would want to know," the dispatcher said.
But it was unrealistic for Hershey to describe the whole scenario over the radio. Troopers are taught to keep radio frequencies open and don’t report specifics such as drawing their gun on a suspect, the dispatcher said.
Hostettler noted that his job was to relay facts — not assumptions, opinions or feelings. If a suspect doesn’t brandish a weapon, make threats related to a weapon or have a history of using weapons, the dispatcher said he would not report that the suspect "may be armed and dangerous."
Testimony in the case was expected to conclude today.
Reach Repository writer Shane Hoover at (330) 580-8338 or e-mail shane.hoover@cantonrep.com.
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