Judge shoots down pursuit policy in case of cop charged in fatal crash
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Posted: 10:05 AM- WEST JORDAN - Prosecutors on Tuesday suffered a blow to their negligent homicide case against a Taylorsville police officer charged with killing another driver when he ran a red light while attempting to join a pursuit.

Prosecutors wanted to introduce Taylorsville's pursuit policy at trial to show Officer Joseph Corbett violated it by speeding into the intersection of Redwood Road and 4700 South on Feb. 7.

Corbett - who had turned on his cruiser's lights and siren - collided with another car, killing its driver, 27-year-old John Terry Douglas, of Tooele.

Third District Judge Robert Adkins prohibited introduction of the city's pursuit policy, saying it would be prejudicial to Corbett and could "confuse jurors" about what the law is.

Deputy Salt Lake County District Attorney Christopher Bown said after hearing that the ruling has left prosecutors "looking at all our options," including an appeal.

Bown had argued the policy was relevant because Corbett is claiming protection from prosecution by virtue of his status as a peace officer. If the city policy is banned from trial, Corbett should be prosecuted as "a regular driver," Bown argued.

Prosecutors apparently may cite state law pertaining to pursuits. But the state statute - which says emergency vehicles may proceed through intersections "after slowing down as necessary for safe operation" - requires individual agencies to have written pursuit policies.

Taylorsville's policy requires, among other things, that police slow to under 15 mph when entering an intersection against the light. Corbett was going 58 mph just prior to the fatal collision, according to charging documents.

Defense attorney Ed Brass claimed the Taylorsville policy was intended only for administrative use and not as a standard of care to be used in civil or criminal court cases.

Also revealed during the hearing:

-- Corbett violated Taylorsville's pursuit policy by failing to inform dispatchers that he was joining the chase, prosecutors say.

-- The defense believes the victim of the fatal crash may have been "texting" on his cell phone at the time of the crash. The phone has been sent to the FBI for examination.

-- The defense disputes whether the light was red when Corbett entered the intersection. However, four witnesses said the light was green for Douglas and two drivers following Corbett said the light was red for him, according to the charges.

-- Corbett, the only Taylorsville cop trained in the use of tire spikes, was planning to deploy spikes to stop the suspect being pursued.

At the time of the crash, another Taylorsville officer was chasing a man wanted in Davis County for theft and fleeing police in a stolen car. The suspect, Johnathan A. Burgess, 22, had just fled a South Salt Lake police officer, who had called off the chase.

In July, Burgess was sentenced to prison for up to 10 years in connection with the Feb. 7 chase. He is serving up to 15 years for a Feb. 6 fleeing episode in Davis County.

Trial for Corbett is set for Oct. 16.

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