Saturday, May 20, 2000
Appeal rejected in Officer Partin's death
Court says man should have known he was risking lives
The Cincinnati Enquirer and The Associated Press
FRANKFORT — Shawnta Robertson, the Avondale man convicted of manslaughter after Covington Police Officer Mike Partin fell into the Ohio River and drowned while chasing him, lost a bid for a new trial Friday.
The Kentucky Court of Appeals said it did not matter that the officer's death was accidental. Mr. Robertson knew he was putting people in danger when he ran into heavy traffic and across an Ohio River bridge after a traffic stop early Jan 4. 1998, the panel said in a 2-1 ruling.
Officer Partin fell to his death during the pursuit of Mr. Robertson, whom another officer had stopped for suspected drunken driving. Officer Partin was among several officers who responded to a radio call for help.
The officer tried to jump from the road to the pedestrian walkway of the Clay Wade Bailey Bridge and fell through the space in be tween. His body was found five months later.
Mr. Robertson argued that he could not be held responsible, but a jury convicted him of second-degree manslaughter.
Mr. Robertson was sentenced to six years in prison and remains in Blackburn Correctional Complex in Lexington.
Kentucky's parole board denied early release for Mr. Robertson last July. He will be eligible for consideration again in July.
Friday's appellate opinion by Judge David Barber of Prestonsburg said Mr. Rob ertson's behavior was “unreasonably dangerous.”
“The specific injury to Officer Partin may have been unforeseeable, but could be found a probable result of Robertson's behavior,” Judge Barber wrote.
Judge Sara Walter Combs of Stanton joined Judge Barber. Judge William McAnulty of Louisville dissented without comment.
The Kentucky General Assembly passed a law in 1998 that upgraded the penalties for fleeing from a police officer by making the crime a felony.
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