By Jim Hannah
The Cincinnati Enquirer
COVINGTON - Despite questioning whether Kentucky wildlife and boating officers have the legal authority to make traffic stops, a judge refused to dismiss charges against a man accused of causing a fatal wreck during a police chase.
Lloyd C. Robinson (left) leaves a Kenton District Court preliminary hearing with his lawyer, Dean Pisacano, Thursday.
(Patrick Reddy photo)
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"There are some facts and circumstances that cause this court some concern," Kenton District Judge Douglas Grothaus said during Thursday's preliminary hearing. "The No. 1 concern is did the officer have authority."
A grand jury must now decide whether to indict Lloyd C. Robinson, 56, of Florence on charges of second-degree manslaughter and first-degree fleeing and evading police.
Wildlife and Boating Officer Douglas W. Bryant, 62, of Villa Hills was killed May 19 after crashing his pickup truck while chasing Robinson, according to court records. The wreck occurred in the northbound lanes of Interstate 71/75 near the Buttermilk Pike exit.
Fort Mitchell Police Detective Scott Nottingham testified that witnesses said Robinson sped away after Bryant stopped him on I-71/75.
"The pursuit ended when Mr. Robinson swerved his vehicle into Douglas Bryant's vehicle," Nottingham said. "The collision resulted in Officer Bryant's death."
Attorney Dean Pisacano, who is representing Robinson, disputed Nottingham's conclusions that his client rammed Bryant's pickup.
Pisacano said Bryant tried to use his extended-cab pickup to force Robinson's Pontiac sedan into the median. Pisacano said Bryant was swerving to avoid Bryant.
"Had officer Bryant not attempted to force Mr. Robinson off the road, none of this would have happened," Pisacano said.
Nottingham said it is unlikely investigators will ever know why Bryant attempted to stop Robinson. The state's two-way radio system was not working at the time of the traffic stop. Nottingham said Bryant couldn't call dispatchers to say he was making a traffic stop, in a car chase or in need of backup.
Nottingham said officials with the Department of Fish and Wildlife Resources cite administrative regulations, state laws, circuit court decisions and state attorney general rulings to support a claim their officers have legal authority to make traffic stops.
Grothaus, however, questioned the authority of the department's officers to make traffic stops after reading the state laws aloud during the hearing.
"This issue is where the future battle lies in this case," Grothaus said. "But it's an issue to be resolved by another court."
Col. David Casey of the Kentucky Department of Fish and Wildlife Resources previously told a reporter that Bryant was wearing his seatbelt at the time of the wreck. But Nottingham testified in Thursday's hearing that Bryant was not wearing his seatbelt at the time of the crash.
He was thrown from the pickup when it became airborne and landed on its roof.
Robinson remains free on bond; Grothaus reduced it Thursday from $50,000 to $23,000.
E-mail jhannah@enquirer.com
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