By Corina Curry
RRSTAR.COM

Last update: Feb 23, 2009

ILLINOIS—An Illinois State Police trooper who was involved in a fatal car crash last summer says he was preparing to do a U-turn to chase down a motorist who ran a red light when he struck another vehicle.

In an affidavit filed in the civil proceedings against trooper Mark Molitor, the 26-year-old officer describes how he was approaching the intersection of U.S. 20 and Winnebago roads July 12 when he observed an eastbound vehicle on U.S. 20 blow the red light.

Molitor, who was traveling west on U.S. 20, states in the affidavit that he was braking, reaching down to turn on his squad car’s emergency lights and sirens, and preparing to make the turn when he struck a northbound SUV driven by Darla Greenberg, causing injuries that killed Greenberg’s frontseat passenger and mother, Carole Tierney. Molitor also had the red light, the investigation revealed. Greenberg had a green light.

After reviewing the case for about two months, Winnebago County State’s Attorney Joe Bruscato announced last week that neither driver would face charges in the crash, but the lawsuit against Molitor is pending. Parties are set to return to court for a status hearing May 20.

Molitor remains a state trooper assigned to the patrol division.

Greenberg’s attorney, Frank Perrecone, said he’s disappointed that Molitor wasn’t ticketed for violating the state law pertaining to operation of police vehicles.

State law permits operators of police vehicles to go through red lights and stop signs without having their emergency lights or siren activated, Perrecone said, but requires them to do so with due regard for the safety of all persons.
Illinois State Police implemented new emergency response and enforcement driving polices Jan. 1.

While the changes came six months after the fatal crash involving Molitor, the impetus for the changes was another crash, Illinois State Police Lt. Luis Gutierrez said. Illinois State Trooper Matt Mitchell faces charges of reckless homicide and aggravated reckless driving stemming from a November 2007 crash in St. Clair County that killed two Collinsville sisters.

Both policies were on the books before January 2009, Gutierrez said, but both were enhanced after the St. Clair crash to increase safety of motorists and troopers and reduce the risk of collision on state roadways.

“The main goal is to implement safety measures to not get troopers hurt or hurt any one else in the process,” Gutierrez said. The changes also will help troopers be consistent in how they respond to different calls.

The biggest change involves a “code” system that classifies the types of police calls and better defines how troopers should respond to various situations. The codes give troopers guidelines and appropriate responses to incidents, Gutierrez said.

For example, he said, a Code 1 is an incident that poses no immediate emergency or threat to life or safety. Troopers on a Code 1 respond by following all of the rules of the road, he said. They cannot speed or proceed through or against traffic control devices such as stop lights or signs.

Before the code system was adopted in late 2008, state police policies had no set speed limitations. The policy required troopers to have their lights and sirens on if they were speeding or violating any traffic laws, Gutierrez said, but incidents and their corresponding responses were less defined.

“We have to continuously adjust to what’s going on to be most efficient to our agency,” Gutierrez said. “And it’s important to adjust our policies to increase safety on our roadways.”

Illinois State Police pursuit codes
Code 1 An incident that poses no immediate emergency or threat to life or safety. Troopers on a Code 1 respond by following all of the rules of the road. They cannot speed or proceed through or against traffic control devices such as stop lights or signs.
Code 2 Troopers can travel above the speed limit, but only by 20 mph, and they must use their emergency lights and sirens and use due care.
Code 3 Same as Code 2 but the trooper is allowed to go up to 30 mph in excess of the speed limit.
Code Red A life-threatening call where there is danger of death or great bodily harm and injury to a person, lights and sirens must be activated and there is no limit on speed, but troopers must receive approval from a supervisory before they proceed.
Silent response — when troopers would need to approach the scene of a crime without anyone knowing — Troopers can proceed without their lights and sirens activated, but they need to comply with all of the rules of road.

Staff writer Corina Curry can be reached at ccurry@rrstar.com or 815-987-1389.
Source: Illinois State Police Lt. Luis Gutierrez
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