July 25, 2002

PROSECUTOR’S OFFICE CONCLUDES REVIEW OF POLICE CONDUCT
IN DECEMBER 2001 FATAL COLLISION 

Trenton, NJ – Mercer County Prosecutor Daniel G. Giaquinto announced today that his office has concluded its review of the police conduct surrounding the fatal collision that occurred at the intersection of Greenwood and South Olden avenues in Trenton on December 6, 2001, and determined that the Hamilton police did not commit criminal violation and therefore presentation to a grand jury is not warranted.

Prosecutor Giaquinto stated: 

This tragic matter involved an initial pursuit, continued flight without pursuit, and a reinstatement and then termination of pursuit based on extreme danger posed to the public. After thorough investigation and analysis, we have determined that the police conduct in this matter clearly does not violate the criminal law and therefore charges are not warranted.

FACTUAL OVERVIEW

At approximately 10:30 a.m. on Thursday, December 6, 2001, the Hamilton Township Police Department’s Vice Enforcement Unit conducted a narcotics investigation in Warwick Park, located behind Pullen’s Garage, 3060 Quakerbridge Road, Hamilton, assisted by a marked patrol vehicle.

During the course of this lawful narcotics investigation, the suspect, operating a dark blue 1993 Lincoln Mark VIII, fled from the police.  The suspect’s flight was approximately 3.43 miles prior to colliding with the vehicle of Patricia Pollard, 70, of Ewing Township, which was proceeding north on Olden Avenue.  As a result of this collision, Pollard and her passenger, Ruthann Dettmar, 70, also of Ewing Township, were killed.

PROCEDURAL STEPS

Members of the prosecutor’s office recorded 31 statements from witnesses, conducted a canvas of the entire route of the suspect’s flight, measured distances, and calculated times and speed estimates.  Efforts were made to locate and interview all witnesses who had given statements to the press after the fatal collision.  All witnesses who were located were interviewed.  Several photographs were taken including aerial shots showing the impact configuration of the vehicles and photos from each witness’s point of view.  Numerous police reports radio transmissions were also reviewed and mechanical inspection of both vehicles was performed. 

FINDINGS OF FACT

The investigation has broken the events preceding the collision into an initial pursuit, continued flight without pursuit, and a reinstatement and then termination of pursuit. 

The pursuit of the suspect vehicle began when the 1993 Lincoln fled Warwick Park at a high rate of speed, made a right hand turn onto Quakerbridge Road and continued to accelerate on Quakerbridge Road in the direction of Nottingham Way.  At the time the suspect fled the park, the two police vehicles involved in the narcotics investigation (Unit 731 – marked; and U2 – unmarked), were stationary and several of the police officers were out of the vehicles trying to effectuate the motor vehicle stop. 

Two additional vehicles were in the area that were not involved in the narcotics investigation.  Unit 740 (unmarked) was on Collins Road near Quakerbridge Road and Unit 720 (marked) was heading north on Quakerbridge Road Between “5 Points” and Warwick Park.  As the suspect vehicle fled south on Quakerbridge Road, Unit 740 made a right from Collins Road onto Quakerbridge Road and pursued the suspect vehicle.  Units 731 and U2 followed Unit 740 from a distance.  Unit 740 was the only vehicle to have sight of the suspect vehicle at this time.  Unit 720 was heading in the opposite direction when its driver spotted the suspect vehicle traveling at a high rate of speed.  Unit 720 turned around on Quakerbridge Road and proceeded in the direction of the suspect vehicle.  Unit 720 was now between Units 731 and U2.  Unit 720 also did not have sight of the suspect vehicle.  The suspect vehicle went to the left of traffic stopped at Quakerbridge Road and Nottingham Way and made a right onto
Nottingham Way.  The suspect vehicle proceeded on Nottingham Way past the intersection where Route 33 merges.

The investigation has revealed that officers lost sight of the suspect vehicle as it passed under I-295 and approached Wegner Avenue, the first intersection west of I-295.  At this time, the leading police vehicle was between the intersection of Nottingham Way and Route 33 and the intersection of Nottingham Way and Hamilton Avenue.  Two of the four police vehicles came to a stop along Nottingham Way, one turned around and another pulled into a business parking lot at the intersection of Nottingham Way and Klockner Road. At this point, the pursuit was effectively terminated.  The investigation has revealed that, during this phase of initial pursuit, none of the four police vehicles ever passed the intersection of Nottingham Way and Klockner Road.  

From the time the suspect vehicle was out of police view, passing under I-295 and approaching Wegner Avenue, up until it reached the intersection of Nottingham Way and Greenwood Avenue (hereafter referred to as the Point), there were no police vehicles pursuing the suspect vehicle.  The distance from Wegner Avenue to the Point is approximately .91 miles.  From an analysis of the times of radio transmissions, the distance and witness statements, it was determined that the speed of the suspect vehicle remained unabated during this time of flight without pursuit.

At the Point, a marked Hamilton police vehicle (Unit 709) on routine patrol in the area was parked in a stationary position on Greenwood Avenue facing Nottingham Way.  Unit 709 observed the 1993 Lincoln approaching Unit 709’s position and veer left onto Greenwood Avenue at an extremely high rate of speed, estimated between 70 – 80 miles per hour.  After observing the suspect vehicle, Unit 709 maneuvered out of a parking lot, activated its overhead lights and siren, and began to follow.  At this time, the suspect vehicle was observed passing the Hamilton Township Municipal Building,
approximately 1000 feet away.  Unit 709 quickly realized it was not going to catch the suspect vehicle because of the distance between them, the speed of the Lincoln, the fact that the Lincoln continued to pull away, and because the area was residential with a school and businesses.  Unit 709 attempted to get close enough to obtain the suspect vehicle’s license plate, however, after observing the Lincoln pass a school bus between Atlantic and Massachusetts avenues and nearly hit another vehicle, Unit 709 slowed its speed, deactivated its siren and was in the process of deactivating the overhead lights when, shortly thereafter, the fatal collision occurred.  At the time of the collision, Unit 709 was in the area of South Logan Avenue, approximately four blocks or .23 miles away.

The suspect’s flight covered a total distance of approximately 3.43 miles in approximately 2 minutes 58 seconds, averaging a speed of 75 miles per hour from the park to the intersection of the collision.  Considering that the suspect vehicle had to slow down and accelerate in order to accomplish some of its maneuvers, this average speed is an estimate.

The case against Rashe Oliver is pending presentation to a Mercer County grand jury.  In addition to multiple motor vehicle violations in Hamilton Township and Trenton, he is charged with two counts of aggravated manslaughter, criminal attempt to distribute a controlled dangerous substance, obstructing the administration of justice, eluding, and possession of marijuana under 50 grams. 

Despite having been charged, every defendant is presumed innocent until found guilty beyond a reasonable doubt in a court of law.