2 Ohio State Troopers wreck, and die...Trooper driving had a BAC of .08%

[TheeBadOne]

The union that represents highway patrol troopers is trying to salvage the reputation of one of its own.

Sgt. Dale R. Holcomb, 45, and Trooper Joshua P. Risner, 29, died on Sept. 28 when their vehicle collided with a pickup and caught fire. Last week, the Ohio State Highway Patrol said Risner had alcohol in his system at the time of the autopsy, NBC 4's Nancy Burton reported.

NBC 4 received an e-mail containing a union document regarding the incident.

The union said its investigation has already revealed that Risner, a seven-year veteran with the patrol, had not ingested any alcohol prior to going on duty or while on the clock.

The union disputed the blood-alcohol level recorded by the coroner, which is why it said it will hire an independent toxicologist to look at the blood-alcohol test results.

Coroner Dr. Dan Whitely said that according to an autopsy conducted two days after the crash, Risner's blood-alcohol content level was 0.08, which is the legal driving limit in Ohio.

Investigators determined that the patrol cruiser, driven by Risner, was traveling between 60 and 71 mph with its emergency lights and siren activated.

Officials said the driver lost control, spun into the westbound lane and struck a Chevrolet Silverado being driven by 32-year-old Lori Smith. Smith was traveling between 10 and 20 mph and moving to the right of the approach of the cruiser.

Smith, of Vinton, Ohio, also died.

The attorney for the union said the patrol has not conducted a thorough investigation.

"We are actually doing an investigation, and we will prove Joshua Risner did not ingest alcohol the night before or while on duty prior to dying at 6 a.m.," said Herschel Sigall, attorney for the Ohio State Troopers Association.

Sigall said he has a receipt proving that Risner went out to dinner with his wife four hours before his shift and that the couple drank only soda with their meal.

Sigall said he talked with other troopers and sheriff's deputies from southern Ohio who said they observed nothing in Risner's conduct or demeanor that would lead them to believe he had been drinking.

Sigall also said that at 2:25 a.m., Risner went to a convenience store where he bought a sandwich and a soda.

"The only one being thrown under the bus who was the hero last week, now the villain, (is) Josh Risner," Sigall said.

Sigall said alcohol may have been in Risner's system because the coroner took a deep-tissue sample more than two days after the crash. Sigall said alcohol is typically present after decomposition.

The union is also upset that Risner's widow and children were told on Tuesday that the workers' compensation company is contesting their right to survivors' benefits.

OSP officials declined to comment on the union findings, saying the patrol is conducting its own investigation.

[CopsRCool302]

This is a tragedy through and through. It's also a very hot topic right now with lots of armchair quarterbacking. I don't know if the trooper was impaired, i don't know if he was drunk, I know what the media says and I have never been a fan of the media. I would rather wait for the internal to be done before I lay blame. that being said, i know that when I took my oath, put on my uniorm and shield, I accepted the fact I'm held to higher standards than other members of soceity. I'm also a human being and I make mistakes, we all do,whether your a peace officer or not, people forget this on a regular basis. I think we need to let the families grieve, give them support they need and let all the facts settle. Thats just my opinion. When all the information is known and it was the troopers fault, then voice your opinions accordingly, I just don't think know is the time for that.

The Media can suck my ass... I don't know the story all that well, but 60hours later is rasing a doubt about the whole thing.

[Retdetsgt]

The Media can suck my ass... I don't know the story all that well, but 60hours later is rasing a doubt about the whole thing.

The media is only reporting what the coroner wrote in his report. How are they to blame in this case?

[BigDawg]

Ok I to owe everyone an apology for right now. I condemed the officer only from themedia report and I know better than that. Hell we all know how often they get shit wrong. I should not have done that I know better than that.


I'm sorry to all my Brothers.

I will reserve my opinions until all the evidence is presented. My thoughts and prayers are still with the families and the Dept.

[Willowdared]

update

http://www.statepatrol.ohio.gov/media/2006/06-220.htm



General Headquarters — Columbus, Ohio
Ohio State highway Patrol
For Immediate Release: October 31, 2006
Contact: Lt. Tony Bradshaw or Sgt. Jon Payer (614) 752-2792

Patrol Provides New Facts in September 28 Crash Investigation

COLUMBUS – The Ohio State Highway Patrol today released new information in the investigation of the September 28 triple-fatality crash in Gallia County, which claimed the lives of two Patrol officers and a Gallia County woman.


An analysis conducted on specimens taken to the Federal Aviation Administration’s (FAA) Civil Aerospace Medical Institute in Oklahoma City has determined Ohio State Highway Patrol Trooper Josh Risner, did not consume any alcohol at least 16 hours prior to his death, effectively eliminating the possibility he could have ingested alcohol. The FAA tests, normally conducted on deceased pilots, and requested by the Patrol, Gallia County Coroner, and Montgomery County Coroner’s Office/Miami Valley Regional Crime Lab, use a sophisticated scientific process to determine post-mortem versus pre-mortem alcohol presence. No such test exists at any laboratory in Ohio. A blood sample taken from Tpr. Risner a few hours after the crash tested .000 BAC. However, samples of blood and urine tested after his death, as part of the autopsy nearly 60 hours later, revealed levels of .08 and .07 BAC.


In addition to the FAA analysis, the Patrol also conducted 24 interviews including a deputy sheriff, a convenience store clerk and co-workers all who had direct contact with Tpr. Risner in the hours before his death. Not one person reported seeing any signs of impairment, detecting the odor of an alcoholic beverage nor witnessing any consumption of an alcoholic beverage or medication.


The 2005 Ford Crown Victoria Police Interceptor patrol car, being driven by Tpr. Risner, with Sgt. Dale R. Holcomb riding as a passenger, was traveling between 60 and 71 mph eastbound on Jackson Pike, with its emergency lights and siren activated. The vehicle lost control, spun into the westbound lane, and struck the 2004 Chevrolet Silverado, being driven by Lori Smith. Ms. Smith was traveling between 10 to 20 mph and moving to the right at the approach of the Patrol car.
Tpr. Risner had just picked up Sgt. Holcomb at his residence. Tpr. Risner was approaching the end of his shift and Sgt. Holcomb was beginning his shift. Investigators said while radio traffic from Tpr. Risner or Sgt. Holcomb did not indicate where the officers were heading, timelines of radio traffic from other officers, including an off-duty trooper who was transporting his un-responsive infant son to the hospital in a cruiser, lead them to believe Tpr. Risner and/or Sgt. Holcomb overheard the radio traffic and were enroute toward the hospital or toward the route that the trooper would have taken to the hospital. Investigators believe the Patrol car likely hydroplaned on standing water.


The reports from the State Fire Marshall said the fire occurred as a result of the massive impact. The report from the National Highway Traffic Safety Administration is pending.