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Richeson v. State of Washington - State Patrol5/11/2000
May 11, 2000
After a high speed pursuit through central Washington, Matthew Walden avoided a police trap by crossing the median and driving the wrong way on the freeway. His car hit two other vehicles, killing James Richeson. Mr. Richeson's estate and survivors brought a wrongful death action against Mr. Walden, the Washington State Patrol and individual police officers. The jury found that the State defendants were not negligent and the Richesons appeal, contending a new trial is warranted due to juror misconduct. They also challenge the jury instructions and call into question other decisions of the trial court. We affirm all but the trial court's award of costs and remand for recalculation of that amount.
Facts
On the night of March 7, 1996, Mr. Walden and his brother Kenneth were both in Washington in violation of their paroles after release from prisons in other states. En route to Montana that night, their Camaro began having mechanical problems. They stopped for assistance at a Department of Transportation weigh station on I-90, west of Cle Elum. Commercial Vehicle Enforcement Officer Tony Olivas, alone on duty at the station, noticed that the Camaro had expired license tabs. Thinking the brothers appeared suspicious, Mr. Olivas ran a check on the vehicle's registration and radioed the dispatcher to have commissioned troopers investigate. He then jump-started the car and the Waldens proceeded down the freeway.
Outside of Ellensburg, state trooper Kenneth Wade spotted the Walden car and pulled behind it. He noted the expired license tabs and also saw the Camaro weave across the fog line a few times. Deciding he had probable cause to stop the car, he activated his emergency lights and siren. Mr. Walden took the next exit into Ellensburg, slowed down and pulled onto the shoulder. As Trooper Wade slowed behind him, Mr. Walden suddenly accelerated, left the shoulder and headed into Ellensburg. Traveling at speeds near 80 miles per hour, the Camaro ran a stop sign and approached downtown. At that point, Trooper Wade suspended the pursuit and radioed other troopers to watch for the car.
About five minutes later, Trooper Mel Sterkel saw the Camaro entering southbound I-82, headed toward Yakima. He notified dispatch and followed the speeding car without activating his lights and without attempting to apprehend it. Trooper Wade called dispatch and recommended that Yakima troopers set up a 'spike strip' on the freeway to deflate the Camaro's tires. He then tried to catch up to Trooper Sterkel.
Mr. Walden left the freeway at a military exit and pulled behind a highway department sandpile. Trooper Sterkel also exited and parked in the exit lane, watching the site and waiting for backup. As soon as Trooper Wade arrived, the two troopers drove down toward the sandpile, but Mr. Walden took off again and reentered the freeway. Troopers Sterkel and Wade again followed the Camaro, keeping pace with its speeds of 80 to 95 miles per hour without activating lights or sirens.
Meanwhile, other troopers set up a spike strip on the freeway ahead. As Mr. Walden approached the strip, he realized what the troopers were attempting to do and he decided to evade the spike strip. He crossed the median and sped south in the northbound lanes of the freeway. Two patrol cars kept pace with Mr. Walden in the southbound lanes. After traveling about three miles, the Camaro collided with two cars, killing Mr. Richeson and Mr. Walden's brother. Mr. Walden pleaded guilty to second degree murder, vehicular homicide and vehicular assault, and he received a 268-month sentence.
On December 19, 1996, the Richesons filed a complaint for wrong
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