Deadliest Catch star Jake Harris,24, was arrested last night on suspicion of DUI, Hit & Run and Driving While License Suspended.  He is currently sitting in the King County jail in Seattle where he was booked Thursday night just before midnight.   

It’s been a bad year for Deadliest Catch’s Harris family.  Captain Phil Harris, 53, died of complications from a stroke earlier this month in an Alaskan hopital. 

People magazine spoke with the Washington State Patrol regarding the incident.

“Mr. Harris was spotted driving a BMW 3 Series erratically Thursday evening by a citizen in Shoreline, Wa. We were able to locate his vehicle by aircraft, and he was pulled over in the Seattle area. The car was registered to his father,” says Washington State Patrol spokesman Dan McDonald.

“He failed a field sobriety test and refused to take a toxicological test,” McDonald added. “After further investigation, it was found that he was involved in a hit and run with another occupied vehicle earlier in the evening. He had rear-ended another car.”

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State Patrol trooper shot by DUI supects husband

The story regarding the shooting of Washington State Patrol Trooper Scott Johnson on Saturday continues to unfold.  The latest, according to the Seattle Times, is that the wife of the man suspected of shooting the Trooper had been arrested on suspicion of DUI earlier that same night by a different Trooper.  The Trooper Greene had transported the woman  away from the scene while Trooper Johnson stayed to conduct an inventory search of the woman’s vehicle before towing.   

The shooting occurred after another trooper, Jesse Greene, had pulled over a woman on suspicion of drunken driving.

Johnson, who was working solo in a patrol cruiser, arrived around 12:20 a.m. so Greene could take the driver in for processing.

Tow-truck driver George Hill arrived and was preparing to tow the car when the shooter emerged from the dark. The man exchanged words with the trooper and opened fire at 12:40 a.m.

Johnson got off a shot but there was no indication at the scene that his assailant was hit.

Trooper Johnson was released from the hospital on Monday.

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This particular post hits a little closer to home than most.  Those of you who know me are aware that I’m involved in the Seattle soccer scene as a referee, administrator, player and coach.  I’m also the proud parent of a soccer player and referee.  It is sad when one of our soccer family passes.   Even more tragic is that this story involves someone so young, who apparently was trying to do the right thing by keeping his friends off the road and out of trouble.

The Daily Herald’s story, written by Katya Yefimova and printed on November 16, 2009 is contained below:

Friends mourn two killed in crash

LYNNWOOD — Brandon Norton was the designated driver Friday night.

The Meadowdale High School graduate, 21, had already taken a car full of people home from a party he attended and was driving three of his other friends.

They were northbound on North Road in unincorporated Snohomish County just past 2 a.m. on Saturday when the car went off the road and smashed into a tree.

He died instantly. So did Ehlo Blacknall, 20, who sat behind Norton.

Tyler Gilbert, 20, and Trevor Moore, 21, were rushed to Harborview Medical Center in Seattle with serious injuries.

Gilbert was allowed to go home on Sunday evening. Moore was in serious condition.

Detectives from the Snohomish County sheriff’s Collision Investigation Unit on Saturday determined that the car was traveling at 70 to 80 mph when it left the road. The speed limit in the area is 35 mph. The turn is posted at 25 mph.

“He was so young and had such a good life ahead of him,” said Laurie O’Donnell, Norton’s mom, on Sunday evening.

She recalled how her son’s face would light up when he smiled, ear to ear.

A memorial of flowers and candles surrounding a makeshift cross marked the place of the crash on Sunday afternoon. More than a dozen friends and family members looked on, many choking back tears.

A poster placed against a tree read “Proud to be Meadowdale Maverick.”

Norton was a star athlete, said Lizzi Mohs, 18, of Lynnwood.

Mohs and Norton struck a friendship in middle school and were close friends in high school.

“Brandon had a great laugh,” said Mara Eberth, 19, who also came to honor her friends’ memory.

Norton wanted to play soccer professionally. He had playoffs scheduled for Saturday morning, Mohs said. She said nobody saw him drink at the party on Friday night.

On Saturday, the sheriff’s office said in a press release that it is investigating whether alcohol may have been a factor in the crash.

Temperatures in the area dipped below freezing Friday night, and there could have been ice on area roads, according to the National Weather Service.

“They were the most fun-loving, outgoing people,” Mohs said about her friends.

Blacknall lost his father as a child and went through some rough times, Mohs said. He loved skateboarding and loved life.

Mohs and other friends drove to Seattle later on Sunday to visit Moore and Gilbert in the hospital.

She said Moore was a “guardian” to his loved ones.

“It’s all about family for him,” Mohs said.

When Moore was younger, he got into a bike accident and skinned one side of his face. He now has a white eyebrow, Mohs said. It made her smile.

Mohs learned from Moore’s family that he needed surgery. She and others just hoped he would get better soon.

Gilbert spent Sunday evening with his loved ones.

He and Blacknall were always together, always making friends laugh. They even shared a home, she said.

Kim Matzen watched from her porch on Sunday afternoon as friends came and went in a steady stream, bringing more flowers, balloons and candles.

Matzen’s house is on 176th Place SW, a cul-de-sac right before North Road makes the turn where Norton and Blacknall died. She’s seen many wrecks over the years; mostly cars in a ditch, but serious crashes too.

“Rarely do people go the speed limit,” she said.

The road is narrow and curvy, and there is little room to walk on the side of the road. The traffic, however, is always heavy and Matzen is worried about kids walking to school.

“There is no room for error here,” she said.

Norton was recently acquired by Starfire Premier Soccer League’s Big Daddy Hogslayer.   The premier division team played for the league championship on Sunday night at Starfire Stadium in Tukwila, Washington.  A memorial was held for Norton prior to the game.  Romania won the match 2-1.

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Third Chicago officer accused of falsifying DUI reports

Illinois State’s Attorney’s Office is invetigating Chicago Officer Richard Fiorito for drumming up false DUI charges. 

A federal lawsuit was filed against Fiorito by 21 people that allege they were roughed up and called anti-gay slurs by the Chicago police officer.  As many as 20 more indivudals are expected to join the suit.

A video released Tuesday appears to show Fiorito bullying a DUI suspect during a June arrest.  There are a number of problems with the way the field sobriety test were conducted.  Despite the officer’s inability to conduct the tests correctly the driver seems to do fine.  Despite his performance he is arrested for DUI. 

A second video does not appear to support Fiorito’s allegations that the driver was swerving from lane to lane and narrowly missing parked cars. 

On Novmeber 12, 2009, NBC Chicago reported:

Fiorito has been honored by Mothers Against Drunk Driving for the 313 DUI arrests he made between Jan. 1, 2007 and June 6, 2008.

He said that if he’s called to testify in these cases, he will assert his 5th Amendment rights.

Fiorito is the third Chicago cop accused of trumping up DUI charges. Last year, prosecutors dropped more than 50 cases after accusing Chicago officer John Haleas of perjury. Earlier this year, dozens of DUI arrests by officer Joe Parker came under scrutiny.

I previously practiced in a jurisdiction where all police vehicles were equipped with cameras.  The videos above demonstrate why they should be mandatory in every jurisdiciton.  Not only do offer unbiased evidence, they can be used to deter (or at least catch) police misconduct. 

As the push to arrest more and more DUI driver’s continues, these type of incidents will become more prevelant.

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Hit and run may be resolved by civil compromise.

Some imporant DUI-related rulings were handed down in Washington in October.  State v. Stalker, decided October 19, 2009 by Division I involves a DUI and Hit and Run.  This case is relevant to DUI Defense because of the significant number of Hit and Run charges that accompany DUIs. The trial court dismissed the Hit and Run on a showing of civil compromise. [A civil compromise, under RCW 10.22, allows the court to dismiss most misdemeanors if the victim declares that he or she: (1) has been paid back for all damages; and (2) does not wish to pursue criminal charges.]

In Washington, restitution cannot be ordered on a Hit and Run because the damages are not a result of the crime. The crime is leaving the scene of an accident, not the act of getting into the accident. On appeal, the Prosecution argued that the same reasoning should apply to a civil compromise of a Hit and Run. Payment for damages should not be considered restituion for the crime because the damages were not the result of any crime. In making this argument the prosecution urged the court to overturn prior precedent which specifically allowed for civl compromise of a Hit and Run.

The court of appeals agreed with the trial court and upheld the dismissal. Thus, civil compromise remains a great tool in resolving Hit and Run and many other crimes by taking discretion out of the prosecutor’s hands and placing it with the victim.

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