Tougher eluding law seems to be having an effect

by Chris Bristol
Yakima Herald-Republic

 

YAKIMA, Wash. -- Stiffer penalties for car thieves and drivers who flee police are being credited for a noticeable decline in dangerous pursuits.

Figures compiled by the Yakima Herald-Republic show that Yakima police have engaged in just 12 pursuits so far this year. And if the trend holds, the year-end total will show a huge drop from a high of 45 chases in 2007. Other agencies reported similar numbers.

Police Chief Sam Granato said stiffer penalties enacted by the 2008 Legislature almost certainly has something to do with it.

Sponsored by Rep. Charles Ross, R-Naches, the new law tacks on prison time of one year and a day if drivers are convicted of endangering the lives of others while fleeing police. The legislation was named for teenagers Bobby Aguilar and Edgar Trevino-Mendoza, who were killed in a crash in October 2006 when a car thief fleeing Yakima police ran a red light and broadsided their car at Nob Hill Boulevard and 48th Avenue.

The law took effect June 12, 2008. The Legislature also stiffened penalties for car thieves in 2007.

Granato said his officers have noticed that suspects are bailing out of their cars faster and trying their luck of foot.

"It was a win-win before for them," he said. "If you got away, great. If you got caught, maybe you got a few months in jail. Now the law has some real teeth, and it's sinking in that you're going to prison if you're caught."

The Yakima County Sheriff's Office has also seen a decline in pursuits. Through the end of June, it reported 15 chases. There were 42 in 2008 and a high of 46 in 2007.

Sheriff's Lt. Max James said neither he nor his colleagues were aware of the reduction, but he hopes the downward trend continues.

"If it stays that way, that's a good thing," he said. "I will enjoy the lack of them. Those things are scary."

And they are still happening, though fortunately with less loss of life.

Earlier this month, Sunnyside police, sheriff's deputies and the Washington State Patrol got into a high-speed chase through the streets of Sunnyside. It began shortly after midnight on Aug. 5, when police officers saw a Lincoln Navigator speeding through a parking lot.

The chase went on for 40 minutes but was called off when someone called dispatchers to tell them there might be children in the SUV. The 23-year-old driver was arrested later that day.

The decline in the number of pursuits hasn't been quite so dramatic locally for the Washington State Patrol.

However, statewide the agency has seen a 21 percent drop since 2007, when they peaked at 415. Last year the total dipped to 374. Midway through this year it was down to 165.

Also down locally are prosecutions, which authorities attribute to fewer arrests resulting from fewer pursuits.

From a high of 145 eluding cases in 2007, prosecutions dipped to 103 in 2008. That's a 29 percent decline. The trend is holding so far this year.

To get the enhanced prison penalties, prosecutors must show that other citizens -- besides the suspect and police officers -- were endangered during a chase. Video cameras installed in patrol units make that job easier, especially when the video shows drivers running stop signs or jumping curbs.

Yakima County Prosecutor Jim Hagarty said that after getting some clarification about new evidentiary requirements, his staff has become more aggressive about seeking the enhanced penalties.

He said prosecutions could be down because his office is becoming more selective about the cases that are filed.

Still, he said he has no doubt that "people know" about the mandatory prison time, a far cry from the days when eluding was the lowest felony on the sentencing grid.

"It's hard to say exactly why," he said, "but nobody's complaining."

 

Chris Bristol can be reached at 577-7748 or at cbristol@yakimaherald.com.

 

 

Yakima County eluding prosecutions

2003 -- 90

2004 -- 101

2005 -- 129

2006 -- 140

2007 -- 145

2008 -- 103

2009 -- 65*

* as of Aug. 11

 

Vehicle chases and pursuits

 

Yakima Police Department

2007 -- 45

2008 -- 37

2009 -- 12*

* unofficial through mid August

 

Yakima Sheriff's Office

2003 -- 22

2004 -- 20

2005 -- 42

2006 -- 41

2007 -- 46

2008 -- 42

2009 -- 15*

* through June 30

 

Washington State Patrol (statewide)

2005 -- 35 (373)

2006 -- 42 (375)

2007 -- 41 (415)

2008 -- 40 (374)

2009 -- 17 (165)*

* through June 30

 



Commentsicon2
Posted by IMMORTAL at 08/23/09 01:33AM        Post ID#: #10647

Now if only the penalties for actually committing these crimes like car theft would be tougher. Wouldn't you think that the car theft rate would go down? Obviously that's not what the lawmakers have thought of yet. Lets see the stats for car thefts dramatically go down before you feel good about yourself Granato or any other police chief in the Lower Valley. And for Granato to say "If you got away, great." Oh, ok great attitude to have.

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Posted by InTheKnow at 08/23/09 01:37AM        Post ID#: #10648

Immortal, you said it all!

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Posted by Nick at 08/23/09 07:05AM        Post ID#: #10652

Immortal is correct. Too many criminals are getting off the hook on the mistaken liberal notion that they should be given a "break", a "fair chance at life because the poor things had a tough family life".

Well, Boo-Hoo. Too bad.

Do the crime, do the time.

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Posted by ConchRepublic at 08/23/09 07:57AM        Post ID#: #10660

"Off with their heads!" commanded the Queen of Hearts.

It's good to hear that the enforcement and increased penalty of "peripheral crimes" like eluding law enforcement and endangering the lives of innocent people is being prosecuted and appears to be working in this case.

Like others... I too feel that the penalty for the actual vehicle theft should be stiffened. Maybe it would also help reduce the number of vehicle thefts? Theft can absolutely destroy innocent lives and it needs to be dealt with in a harsher manner.

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Posted by ChrisR at 08/23/09 08:37AM        Post ID#: #10671

It's good to see something in law enforcement on a decline regarding criminals, now if we could see numbers like that involving our local gang incidents. Penalties do need to be stiffer. However I do agree with everyone else on Granato's attitude( i still want to get him a one way ticket back to Texas for Christmas).

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Posted by Weasel at 08/23/09 11:10AM        Post ID#: #10680

Why doesn't the yhr publish the names of all persons
convicted of eluding ? I think we would have a much clearer
picture of whats going on. Oh yeah I forgot the TRUTH is
bad.

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Posted by overfifty at 08/23/09 02:16PM        Post ID#: #10690

Read the article more closely....
Granato said:
""It was a win-win before for them," he said. "If you got away, great. If you got caught, maybe you got a few months in jail.

The key words are: "win-win before for them"...
"them" meaning thats what the eluders were thinking....not what Granato thinks! Granato has some serious issues that need to be looked into, but we shouldn't disect every statement he makes with negativity...no-body is 100% perfect...you, me or Granato.

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Posted by ConchRepublic at 08/23/09 04:22PM        Post ID#: #10701

On a side note... we often lobby here in our various ways and from differing sides of the table for stiffer criminal penalties. Are we willing to accept the fact that stiffer/longer penalties will undoubtedly mean that more jail/prison space will need to be constructed and more correctional personnel will require hiring? Are we willing to increase our tax burden in order to build these new units? I must say... I'd be happy to put my tax money where my mouth is.

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Posted by countryvet at 08/23/09 05:35PM        Post ID#: #10706

Let's cut their stay at that expensive hotel by using e-verify on every offender and all family members as well as every person at the offender's residence. We need to have INS or ICE involved in every arrest of every criminal. As far as funding, let's level massive fines on employers of this vermin and leave the money here for law enforcement.

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Posted by ConchRepublic at 08/24/09 06:21AM        Post ID#: #10727

Countryvet wrote: "As far as funding, let's level massive fines on employers of this vermin and leave the money here for law enforcement."

I assume that you're referring to the illegal alien situation? However, there are other criminals that are not illegal... rather "legal citizens gone mad."

Perhaps restitution parts of sentences could include the immediate seizing of all their personal property and sale to actually help victims of their crimes? Leftover monies could then go to pay for their prison sentences. Oops... we'd need a change in the constitution though.

BTW... don't get arrested in some foreign countries. Often prisoners are not clothed or fed by the government... rather the criminal's family has to show up to clothe and feed them or they go without. Oops... we'd need a change in the constitution though.

On the bright side we'd sure have a LOT more cries of "Car wash!... so-and-so is in prison and your donation would greatly help." We'd have a LOT of choices with regards to getting our vehicles washed.

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Posted by countryvet at 08/24/09 08:19AM        Post ID#: #10734

I can't take the time to verify this right now but I have heard from federal law enforcement friends that certain "gun crimes" can trigger a seizure of all personal property. I believe this was in reference to fully automatic weapons and silencers as well as other banned weapons. Anybody know if this is true and why this is not a constitutional issue?

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