BY TERRY FLYNN
The Cincinnati Enquirer
NEWPORT -- A 20-year-old Cincinnati man was bound over to a Campbell County grand jury Thursday under a new state law -- the Partin law -- that makes fleeing a police officer a felony under some circumstances.
Damon James was arrested by Newport Police Officer Leonard Stephens two weeks ago, after Mr. James allegedly ignored the officer's lights and siren and fled at high speed across the L&N Bridge into Cincinnati.
Officer Stephens told Campbell District Court Judge Michael Foellger during a preliminary hearing Thursday that he tried to stop the red Nissan driven by Mr. James because a passenger, a female juvenile, was wanted on a detention pickup order.
"I turned on my lights and siren, and the car turned east on Third Street from Monmouth (Street)," Officer Stephens said. "The car then turned left onto the L&N Bridge and traveled across the bridge to Cincinnati at a high rate of speed. I broke off the pursuit at that point."
Mr. James was later apprehended by Officer Stephens when he returned to Newport with some of the passengers the police officer said were in the car during the pursuit.
He was charged under a law that took effect July 15 as part of a crime bill passed by the General Assembly in March.
The law is named for Covington Officer Michael Partin, who died when he fell from the Clay Wade Bailey Bridge in January while coming to the aid of another officer in pursuit of a suspect.
The new law upgrades from a misdemeanor to a felony any action in fleeing from police that causes a risk of death, serious injury or serious damage to property.
Officer Stephens said he charged Mr. James under the new law because his speed across the narrow L&N Bridge "presented a risk of injury or death to the people in the car and any other car or pedestrian that might have been on the bridge."
Mr. James' attorney, Darrell Cox, asked Judge Foellger to dismiss the charge because there was no accident, no damage and no injury or death.
But it was pointed out by prosecutors the law requires only the risk of injury, death or damage from a fleeing suspect to invoke the law.
Officer Stephens said a passenger in the car told him the vehicle was traveling 60 mph across the two-lane bridge, where the posted speed limit is 25 mph, and that the passengers asked Mr. James to stop.
"She (the witness) said Mr. James told them he would slow down when they got to Ohio because the police would not chase him there," the officer said. "I stopped my pursuit because I did not wish to place anyone in further danger."
Covington Police Officer Neil Gilreath, who lobbied for the new law following the death of Officer Partin, said he was pleased with the way the hearing went and impressed with the manner in which Officer Stephens handled the situation.
"He did exactly what this statute intended," he said. "He broke off the pursuit when he saw the possibility of danger, and then later made the arrest."
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