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WHO WAS AT FAULT IN COP'S DEATH?
Sunday, January 21, 2007MASSILLON A lot went wrong the night Patrolman Eric B. Taylor died from a gunshot fired by Donald Matthews.
Lawyers for Taylor's family blame an Ohio Highway Patrol trooper's actions. They want the state to pay.
Ohio attorney general's office staff say Matthews should take blame for Taylor's death.
Taylor and Matthews both died the night of Aug. 9, 2002, in a shooting after a chase that started in Wayne County along Route 21.
Trooper Joseph R. Hershey stopped Matthews, a 61-year-old Jackson Township resident, for driving too fast. Matthews didn't cooperate and, after reciting part of the U.S. Constitution, he fled south on Route 21 toward Massillon.
During a subsequent 15-minute chase, Hershey made a string of mistakes, says Brian Zimmerman, who represents Taylor's widow, JuWanna.
"He had all of the ability to control the situation, and he just dropped the ball," Zimmerman said.
JUDGE TO DECIDE
Monday morning, Zimmerman and Allen Schulman Jr. will begin arguing that Hershey's actions contributed to Taylor's death. The case is before Judge Joseph T. Clark on the Court of Claims of Ohio, located in Columbus.
The case is against the Ohio Department of Safety and Ohio Highway Patrol.
Hershey and other troopers from the patrol's Wooster Post are listed as witnesses, along with two Massillon police officers involved in the shooting.
Both sides will rely on expert witnesses.
Zimmerman will call Donald Van Meter, a retired trooper and trainer for the patrol. Van Meter has reviewed Hershey's actions during the chase and "calls it the most blatant violation he's seen," Zimmerman said.
QUESTIONABLE ACTIONS
For the most part, both sides agree on details of the chase.
Problems started when Hershey tried to stop Matthews after clocking his car going 72 mph in a 55 mph zone. Hershey also saw that Matthews wasn't wearing his seat belt.
Matthews pulled over on Route 21 just south of Edwards Road in Wayne County, according to court documents filed by the state.
When Hershey approached the car, Matthews rolled the window down about 1 inch and showed his license. Hershey said he was going to write a citation and needed the license. Matthews responded by saying, "Go write your ticket," court records claim.
According to the state's lawyers, Hershey decided to return to his cruiser "because the young trooper had never encountered such a situation and he was undecided about what to do next." Hershey was 25 at the time and had less than two years as a trooper.
That's when Matthews fled.
Hershey followed. Zimmerman contends that was the trooper's first mistake.
Worse yet, Zimmerman said, was Hershey's failure to tell his dispatcher of Matthews' bizarre behavior.
MULTIPLE STOPS
Matthews stopped his car again near Butterbridge Road NW in Lawrence Township. Hershey approached the car with his weapon ready and used a baton to try to break one of the car's windows.
The chase resumed at a higher rate of speed. Matthews stopped once more near Cherry Road NW in Massillon. Hershey approached with his gun drawn and Matthews pointed a gun at Hershey. At that point Hershey ran to his cruiser and told his dispatcher that Matthews had a gun.
NOT ENOUGH WARNING
Matthews sped away, heading toward a parking lot at Cherry and First Street NW. Massillon police arrived at the same time. Matthews was shooting at officers when Taylor drove into the fray.
"Massillon police have no idea what they're coming into," Zimmerman said. "By the time he (Hershey) reports seeing a gun, it's too late. Taylor's dead."
Zimmerman and Schulman will argue that Hershey should have realized the situation was dangerous and done a better job of warning other police officers in the area.
The state counters that Hershey twice told dispatchers about Matthews' weapon. Because of that information and the nature of the incident, Taylor and the other Massillon officers should have known it was a dangerous situation.
State lawyers say "blame should be placed where it belongs, on the suspect who actually shot (Taylor)."
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