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Riverdale police: Fleeing drunken driving suspect kills motorist
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Updated: 5:15 PM- A man with multiple DUI offenses led police on a chase through three Weber County cities on Friday before he struck another vehicle in Riverdale and killed a 33-year-old father of two.

Joseph Kirk was driving home after a late showing of "The Dark Knight" in Riverdale when a vehicle driven by Andrew Phillip Ben, 28, ran through a red light and slammed into Kirk's vehicle at the intersection of 36th Street and Riverdale Road around 1 a.m., police said.

Kirk was ejected from his car and died at the scene.

News of his son's unexpected death shocked family, said Kirk's father, William "Bill" Kirk of Roy. But a double blow came when police informed Kirk that the man behind the wheel was cited for his fifth DUI offense in connection with the accident.

"He's had five DUIs. I can't believe they can't take someone off the road for that," said Kirk. "You want to be mad, but there's not a lot you can do about it."

Riverdale police would not confirm that Friday's incident was Ben's fifth DUI, but did say the man has a history of "multiple DUIs."

A Riverdale officer tried to stop Ben around 1 a.m. near 40th Street and Riverdale Road when he noticed Ben driving erratically.

Ben appeared to be pulling off to the right shoulder in his 2000 Chevrolet Impala, but he suddenly swerved back into traffic and began to flee north on Riverdale Road "at a good rate of speed," said Lt. James Ebert.

The pursuing officer followed Ben through about five green lights - and three cities' boundaries - with his siren blaring. But as Ben neared the intersection of 36th Street and Riverdale Road, he tried to run a red light and slammed into a westbound 1987 Honda Accord driven by Kirk, Ebert said.

The suspect's vehicle skidded into a parking lot and became wedged between two other cars. That's when Ben allegedly jumped out the passenger side rear window, fled on foot and tried to hide by blending in with other people in the area.

Police eventually saw him walking up Riverdale Road, and officers chased him behind a bar called Teasers, where a bystander tried to tackle him, Ebert said. The bystander was unsuccessful, but he slowed the suspect down long enough for officers to shock him with Taser and take him into custody.

The entire chase, which spanned Riverdale, Ogden and South Ogden, lasted only about 20 seconds, Ebert said.

Bill Kirk said his son worked in the reservations department of Delta Airlines in Salt Lake City and lived in Roy. A graduate of Layton High School, Joseph Kirk attended Weber State briefly and then went on to find a career he enjoyed with Delta, his father said.

"He loved his job, he loved talking to people. He was real outgoing," Bill Kirk said, noting a steady stream of friends had stopped by the Kirks' home to offer their condolences on Friday.

Joseph Kirk enjoyed spending time with his daughters, 12-year-old Taylor and Riley, age 1 1/2, Bill Kirk said. He loved basketball and joked to his father that he'd "played in every gym in the state."

A memorial account has been set up for Kirk's daughters at American First Credit Union. The family expects his funeral to be Monday or Tuesday at Lindquist Mortuary, 3333 West 5600 South in Roy.

In addition to his father and daughters, Joseph Kirk is survived by a sister, Emily Frandsen of Riverdale. He is preceded in death by his mother, Edna.

Ben was booked into the Weber County jail on outstanding warrants and faces numerous charges, including driving under the influence and vehicular homicide.

Bill Kirk said he wants Ben to be prosecuted for his son's death. But he also said he feels sorry for the man.

"I'm going to miss my son," said Kirk.

sgehrke@sltrib.com

mrogers@sltrib.com

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