Paul Wayne Lovelace was nowhere near the scene last week when a rookie Cincinnati police officer ignored a stop sign and plowed into the side of another car, killing the teen-age driver.
But Wednesday, Mr. Lovelace, 25, was charged with involuntary manslaughter for his role: The officer was involved in a high-speed pursuit of Mr. Lovelace when he crashed on June 15, crushing 18-year-old Michael Tenhundfeld.
"But for his failure to comply with a police order as he did through two states, Mr. Tenhundfeld would still be alive," Hamilton County Prosecutor Joseph Deters said in announcing the indictment, which also charges Mr. Lovelace with failure to comply and receiving stolen property.
While there is no legal precedent in Ohio, and possibly the country, for the charges, Mr. Deters said he is within the law to hold Mr. Lovelace responsible because the Springfield Township man led police through Ohio and Kentucky for 35 minutes, nearly hitting other motorists, bicyclists and pedestrians as he drove.
"The unique part of this (is) that the defendant's car did not strike the victim's," he said.
The involuntary manslaughter charge, punishable by up to 10 years in prison, does not imply that Mr. Lovelace meant to kill anyone. Rather, it means Mr. Tenhundfeld died as a result of Mr. Lovelace's failure to comply with police.
"I don't think it's that difficult of a case to prove in court," Mr. Deters said.
Experts say the case could become more difficult, though, if prosecutors decide to pursue criminal charges against Gregory Berting, the 23-year-old officer who slammed his cruiser into the side of Mr. Tenhundfeld's car.
Under the state's theory, Mr. Lovelace is responsible because he knew there were consequences to fleeing police, said Christo Lassiter, a criminal law professor at the University of Cincinnati College of Law. But charging Mr. Berting could destroy the prosecution's reasoning of cause and effect.
"When you do an act like fleeing, you are liable for the foreseeable consequences," Mr. Lassiter said. "It's not foreseeable that a police officer himself will violate the law in apprehending you, so that absolves you."
Mr. Berting was fired from the force Tuesday - a move Mr. Lassiter said could be damaging to the state's case against Mr. Lovelace - because Mr. Berting's failure to stop was a violation of the department's policy regarding pursuits.
He has not been charged, although police and prosecutors are reviewing whether his actions were negligent or reckless.
"Police pursuits are a very dangerous thing," Mr. Deters said, noting that he must weigh many variables, including the dangerousness of the man Mr. Berting was chasing. "You have to take all the factors into consideration."
If authorities find Mr. Berting was negligent in speeding through the stop sign, he could be charged with misdemeanor vehicular homicide, punishable by six months in jail.
If authorities determine he was reckless, he could be charged with aggravated vehicular homicide, a felony with a maximum penalty of five years in prison. A decision is expected in the next two weeks.
"He doesn't believe that what he did was a criminal act," said attorney Merlyn Shiverdecker, who is representing the former officer. "I'm convinced that he didn't feel he was commiting a crime."
Previous stories
CITY FIRES OFFICER IN FATAL CHASE June 25, 1997
GROUP ADVOCATES SAFER PURSUITS June 21, 1997
TEACHERS SEE PROMISE SWEPT AWAY Krista Ramsey column, June 21, 1997
OFFICER REPRIMANDED FOR CHASE LAST SUMMER June 19, 1997
VICTIM'S FAMILY PRAYS FOR OFFICER June 19, 1997
OFFICER: CHASE WAS SLOW June 18, 1997
PROSECUTORS CONSIDER CHARGES June 18, 1997
PURSUED MAN RACKED UP OFFENSES June 18, 1997
TENHUNDFELD VISITATION TODAY June 18, 1997
COP IN CRASH RAN STOP SIGN June 17, 1997
COPS' PURSUIT RULES VARY June 17, 1997
DIAGRAM OF THE CHASE June 17, 1997
TYPICAL DAY, TRAGIC NIGHT June 17, 1997
HIGH-SPEED POICE CHASE FATAL June 16, 1997
