Man, Woman Booked in Fatal Phoenix Double-Shooting

**Team Sergeant** · 09-12-2010, 10:17

Glendale PD stopped pursuit, they were going too fast, 70 MPH. Phoenix PD picked up the pursuit, too late....

So let me get this straight, you rob someone at gunpoint then drive real fast to get away and in Glendale, Arizona you go scot-free?

Political Correctness just got your neighbors murdered.

Man, Woman Booked in Fatal Phoenix Double-Shooting

Updated: Saturday, 11 Sep 2010, 5:14 PM MDT
Published : Saturday, 11 Sep 2010, 4:15 PM MDT

PHOENIX - Phoenix police have booked a man and a woman on murder and burglary charges following a double-shooting in Phoenix.

Phoenix police said Saturday that 26-year-old Rene Enrique Durgin and 31-year-old Patricia Mayhorn robbed a Glendale car wash at gunpoint late Thursday night before they were spotted driving more than 70 mph on a Phoenix street around 1 a.m. Friday.

Police say they didn't pursue the car because it was going so fast, and that the car crashed into a light pole shortly after.

Police say the pair fled to a nearby home, and shot the 52-year-old man and 56-year-old woman inside, killing him and critically injuring her.

Police arrested the pair inside the home and took the woman to the hospital.

Durgin and Mayhorn were booked on charges of first-degree murder, attempted murder and burglary.

http://www.myfoxphoenix.com/dpp/news...oting-09112010

GreenSalsa · 09-12-2010, 11:57

I agree--I am tired of letting "bad guys" get away because they are speeding--all you do is incentivizes people to outrun the cops.

I would charge them triple for fleeing police (and subsequent) damages.

**18C4V** · 09-12-2010, 13:15

Sue the city, PD, and the supervisor who authorized the termination of the pursuit. Maybe that will get their PD to change their policy if their policy is a "no pursuit" policy.

dr. mabuse · 09-12-2010, 16:45

Five-O · 09-12-2010, 18:24

Quote:

Originally Posted by Team Sergeant

So let me get this straight, you rob someone at gunpoint then drive real fast to get away and in Glendale, Arizona you go scot-free?

http://www.myfoxphoenix.com/dpp/news...oting-09112010

TS,
Just say thank you to the first lawyer you see. Many departments are more terrified of an ambulance chasing lawyer with a pen and yellow legal pad than a psycho with an AK and base pursuit policy on that. Too many supervisors would rather have a bad guy escape than risk departmental discipline and hurt future promotional opportunities. I have heard fellow supervisors say "We'll get them later," or if another angecy is pursuing into our jurisdiction, "Don't get involved."

Make's you sick dosen't it?

Richard · 09-13-2010, 05:33

BLUF - cut and dry it isn't.

I think it's a pretty complex issue for all Police Departments. There has been a lot of reporting here on DPD's policies which came about beginning with Chief Ben Click after studying the records and discovering how many LEOs and bystanders were seriously injured or killed during such chases - many involving little more than a minor traffic violation.

Here is a pretty good paper on it by an LEO for an EMU School of Police Staff and Command class.

POLICE PURSUITS: FACTS, POLICIES AND TECHNOLOGIES

http://www.emich.edu/cerns/downloads...20PURSUITS.pdf

As the paper concludes, the answer is neither simple nor a one size fits all matter for officers, departments, and communities.

However, I would think pursuing an armed felon would be a strong consideration for initiating and continuing a pursuit.

Richard

Five-O · 09-13-2010, 07:53

Quote:

Originally Posted by Richard

However, I would think pursuing an armed felon would be a strong consideration for initiating and continuing a pursuit.

100% Agree.

CSB · 09-13-2010, 08:38

Here is the "boo hoo" story from the first page of the .PDF file cited:

Quote:

Sergeant Earl White and
Police Officer Lindora Smith began their tour of duty on August 26, 1997, much the
same way every police officer throughout the United States does. They entered their
vehicle, taking with them Cadet/Explorer Aaron Phillips, as an observer. They left the
Second Precinct parking lot and began their tour of duty. As was always the case with
Sergeant White, he never left a stone unturned when he was on patrol. As fate would
have it he spotted a vehicle that he suspected had narcotics in it and he wanted to pull it
over for an investigation. The driver of the vehicle refused to stop and a high-speed
pursuit began. What was to happen next would be horrifying. Another scout car driving
perpendicular to Sergeant White hears the pursuit being broadcast and decided to become
involved. At a high rate of speed, the officer driving this scout car approached an
intersection and did not stop. He began to enter the intersection. As he did Sergeant
White, along with Officer Smith and Cadet Phillips entered the intersection only to be
broadsided and pushed into a utility pole. This high speed collision caused the vehicle
occupied by Sergeant White, Officer Smith and Cadet Phillips, to be crushed, leaving
only about a one foot or less space between the driver's and passenger's doors. Sergeant
White and Officer Smith were killed instantly. Cadet Phillips had massive head trauma
and passed away several days later. The police officer driving the other scout car was
seriously injured and recovered fully from his injuries. The effects on the families and
the Western Precinct Support Unit were devastating. Two hard working and dedicated
police officers, along with a young man who was aspiring to be a police officer are dead.

So, with no probable cause, no warrant, no evidence of a crime, but "spotted a vehicle that he suspected had narcotics in it" and proceeded to crush three people.
Why?
Because he had a pretty young female (junior ranking police officer) in the car with him as well as a Cadet. "Hey watch this ..."

That kind of stupidity is what makes police pursuits look bad. Not the sincere: In pursuit of an armed robber...

And, by the way, according to the Memorial Page, the year was 1995, not 1997:

http://www.odmp.org/officer/879-serg...-lavelle-white

http://www.odmp.org/officer/878-poli...ra-renee-smith

MeC86 · 09-13-2010, 08:53

This is definately a topic that is touchy with many LEO's. I see the argument for both sides considering the potential danger involved with high speed pursuits.

However, even the departments around here that have a restricted pursuit policy still allow the pursuit of a vehicle following a foricble felony.

In my opinion it is completely irresponsible for a department to have a No Pursuit policy. Not only is it sending a message to would-be criminals that they can run without being chased, but it is also a disservice to the community who expects these perpetrators to be caught.

Its a shame that this happened.

Richard · 09-13-2010, 09:07

A little more info.

Richard

1 Killed, 1 Wounded After Armed Robbery Leads To Chase, Double Shooting
AZFamily, 10 Sep 2010

One man is dead and a woman was shot several times after an armed robbery or burglary in Glendale ended with a double shooting at a West Phoenix home.

Investigators are still on the scene trying to sort it all out.

According to early reports two suspects -- a 26-year-old male and a 31-year-old female -- robbed a Sparkle Car Wash employee at about 10:30 Thursday night. That car wash is located at 67th Avenue and Bethany Home Road.

Police started to chase the suspects, but backed off for safety reasons.

Several hours later, the suspects' car was seen speeding through Phoenix shortly before it slammed into a light pole in the area of 35th and Peoria avenues. The pair then fled the scene.

Police set up a perimeter and started searching for the suspects. A K9 unit led them to the guest house of a home not far from the crash scene.

Officers tried to open the door, but one of the suspects was trying to hold it shut.

Police forced their way inside to discover the suspects had shot a man and a woman. The 52-year-old man died at the scene. The 58-year-old woman, who was in her bed when she was shot, was badly wounded. She was taken to John C. Lincoln Hospital where she reportedly is in critical condition.

Police have arrested the two suspects.

The man who was robbed at the car wash was not injured.

Detectives from both the Glendale and Phoenix police departments are investigating. They have not released any information about the suspects.

http://www.azfamily.com/news/local/P...102617924.html

ZonieDiver · 09-13-2010, 09:09

Quote:

Originally Posted by Team Sergeant

Glendale PD stopped pursuit, they were going too fast, 70 MPH. Phoenix PD picked up the pursuit, too late....

So let me get this straight, you rob someone at gunpoint then drive real fast to get away and in Glendale, Arizona you go scot-free?

Political Correctness just got your neighbors murdered.

Man, Woman Booked in Fatal Phoenix Double-Shooting

Updated: Saturday, 11 Sep 2010, 5:14 PM MDT
Published : Saturday, 11 Sep 2010, 4:15 PM MDT

PHOENIX - Phoenix police have booked a man and a woman on murder and burglary charges following a double-shooting in Phoenix.

Phoenix police said Saturday that 26-year-old Rene Enrique Durgin and 31-year-old Patricia Mayhorn robbed a Glendale car wash at gunpoint late Thursday night before they were spotted driving more than 70 mph on a Phoenix street around 1 a.m. Friday.

Police say they didn't pursue the car because it was going so fast, and that the car crashed into a light pole shortly after.

Police say the pair fled to a nearby home, and shot the 52-year-old man and 56-year-old woman inside, killing him and critically injuring her.

Police arrested the pair inside the home and took the woman to the hospital.

Durgin and Mayhorn were booked on charges of first-degree murder, attempted murder and burglary.

http://www.myfoxphoenix.com/dpp/news...oting-09112010

This story would have had a different ending IF the 52 year old man or 56 year old woman had been prepared, like the guy in this Arizona tale:

http://www.azcentral.com/community/c...-two-dead.html

Sometimes, I am very glad I live HERE and not somewhere else!

craigepo · 09-13-2010, 13:02

In Missouri, the sovereign immunity statute holds that a person can't sue the state government for money damages, unless the case is based upon either: (1) negligent operation of a motor vehicle; or (2) dangerous condition of governmental property. Even then, the damages are capped at approximately $390,000. (Can still sue the driver of the auto, though).

I recently tried a case like this to a jury in a neighboring county. Difference was, fire chief blew through a red light, driver didn't see or hear fire vehicle. Jury found fireman was responding to an emergency(so he wasn't personally liable), found that fireman was negligent(so City was liable). Jury verdict was $160,000.(Missouri law also holds that even if gov't dude is acting in emergency, municipality can still be liable, but only up to the $390,000 cap). The case is at the court of appeals---they will surely let me know how much I screwed up the case.

In the last few years, we have had a couple instances of volunteer fireman hauling ass to a grass fire, passing/driving in stupid manner, and killing folks. That said, I would opine that juries are pretty adept at determining when an officer is acting in an emergency situation, and when they are being stupid.

Generally, in Missouri, the issue of "emergency" never makes it to a jury, as the cops are doing the right thing, and the case gets thrown out in a summary judgment. In my case, it was a close call, so I let the jury decide.

We have had a couple instances in the last few years,

**Pete** · 09-13-2010, 13:27

Quote:

Originally Posted by craigepo

........That said, I would opine that juries are pretty adept at determining when an officer is acting in an emergency situation, and when they are being stupid...........

What bugs me are the "oblivious to the world" folks. The ones driving down the road not paying attention.

I look in the rear view mirror and see the emergency vehicle coming and cars pulling over - and I pull over also to give 'um a free shot at the road.

But there is always the "One" who drives on oblivious to whats going on. Wondering why everyone in front of them is off to the side of the road and this big truck with flashing lights behind them is honking it's horn at them. And they tool down the road for 1/2 mile or so.

Richard · 09-13-2010, 13:45

Quote:

What bugs me are the "oblivious to the world" folks. The ones driving down the road not paying attention.

Yep!

However, I've observed situations where sirens and such sometimes have a more difficult time penetrating the modern world of better noise-proofing on cars...especially when combined with the distractions of cell phones, better (and louder) music systems, crying kids, etc.

I've run into problems a couple of times in foul weather when I couldn't hear the sirens from emergency vehicles approaching from a side street because I was 'up wind' from them - picking up movement and light from the corner of my peripheral vision kept anything serious from happening.

SA remains the key for any driver - to include those operating emergency vehicles.

And don't get me started on those who 'park' in the passing lane (even when there are signs saying "Left Lane for Passing Only" or "Keep Right Except To Pass") and won't move to the right to allow faster traffic to pass...

Richard

ZonieDiver · 09-13-2010, 14:39

Quote:

And don't get me started on those who 'park' in the passing lane (even when there are signs saying "Left Lane for Passing Only" or "Keep Right Except To Pass") and won't move to the right to allow faster traffic to pass...

You should stay away from Arizona. It is a legal right of all "snowbirds" - temporary and permanent - to do so.

NO one, except me and one other guy, pull over for emergency vehicles around here. I get honked at and flipped off when I do.

I say - Go get 'em!