On June 28 we had yet another fatality on our highways because an alleged criminal didn’t feel inclined to obey a law enforcement officer’s command to stop. This time, the casualty was the very law enforcement officer who had been trying to protect us from the criminals.
The officer was Indiana State Trooper Aaron Smith of Franklin, a 33-year-old husband, son and brother. Just four months earlier Master Trooper James Bailey was struck and killed the same way.
Our legislators must take this kind of criminal behavior — running from the police — seriously. If we had done this sooner, maybe — just maybe — this tragedy and others like it could have been averted.
Running from the police in a vehicle is exponentially more dangerous than drunk driving. The odds of getting into an accident while running from police are about 14 times more likely than merely driving while intoxicated. About 35-40% of all vehicular police pursuits result in a crash.
While we have repeatedly upped the sentences for drunk driving, the potential penalties for the manifestly dangerous act of fleeing police have all too often been ignored.
And I’m not interested in hearing from the anti-police crowd who blame our officers for all the ills of society. I served as a uniformed patrol officer for more than five years and I know from experience that when these clowns run from police, terminating the pursuit frequently has little ameliorative effect. The fleeing criminals will often continue driving twice the speed limit, weaving in and out of traffic, and jumping curbs — before they finally wreck the car they’ve stolen or are operating while impaired, or both.
People get hurt because of the continued criminal behavior of the perpetrator, not because the police tried to catch him. As a side note, 80% of stolen vehicles are wrecked by the thieves who steal them.
Currently, the penalty for resisting law enforcement in a vehicle is a paltry level 6 felony, which carries a sentence of only six months to 2.5 years. Under Indiana’s current credit scheme, the convicted person serves only half of whatever sentence he gets. Thus, fleeing from police in a car is practically a misdemeanor and it’s almost impossible for prosecutors to get prison time. Again, fleeing from the police — a very dangerous crime — almost never results in prison time.
As Johnson County Prosecutor, I am calling on our General Assembly to take our citizens’ lives and our law enforcement officers’ lives more seriously by upping the penalty for evading the police in a vehicle at least one level — to a level 5 felony. A level 5 felony carries a penalty of one to six years in prison. I have spoken to Sheriff Duane Burgess and State Representative Michelle Davis. Both are very supportive of increasing penalties for this dangerous crime.
With this type of reckless behavior being punished as a level 5 felony, prosecutors and judges can put these scofflaws into cages where they belong. Perhaps the deterrent factor of potential prison time will make criminals understand that stop means STOP — and we’re serious about it. Let’s hope they think twice before they ignore the red and blue lights and hit that accelerator. And if they don’t, a few years in prison will at least keep us safe from them for a time. Either way, it’s a win for the public.
If the purpose of our criminal law is to protect us from criminals, a bill to increase the penalty for fleeing police should be first on the agenda in the next legislative session. It may seem I am too interested in this issue because I and many members of my family are past or currently serving law enforcement officers. But I think it’s self-evident that what affects those who protect us — affects all of us.
Rest in peace, Trooper Aaron Smith. The members of the Johnson County Prosecutor’s Office always appreciated your excellent work. We, as a community, are heartbroken. You died a hero and we’re ever grateful for your sacrifice.
May God bless and comfort your family.
Lance Hamner is the Johnson County Prosecutor. He also served as county prosecutor from 1991 to 2008 and was a county judge from 2008 to Feb. 2022. Send comments to [email protected].
