TODAY'S HEADLINE
April 17, 1998

Crash probe
cites speed

The state police said the trooper's cruiser was going 58 mph when it collided with a motorcycle.

By TERESA ANN BOECKEL
Daily Record staff

   The speed limit at the base of a sharp curve in Codorus Township is 30 mph.
   But when Trooper Gerald Devlin lost control of his cruiser on the curve last month and struck an oncoming motorcyclist, he was traveling about 58 mph.
   The speed of the motorcycle rider: under 45 mph, the posted speed limit for the stretch of road just before the curve.
   That was the result of a two-week investigation into the crash that killed motorcyclist Kenneth Saunders Fowler of Monkton, Md.
   State police did not release the entire report.
   Under the Pennsylvania Motor Vehicle Code, police departments can refuse to furnish a copy of an investigation whenever criminal charges are pending against someone involved in the accident.
   Police planned to turn the results of the investigation over to York County District Attorney H. Stanley Rebert Tuesday afternoon.
   He will review the case and determine if any criminal charges will be filed against Devlin. Those charges could potentially include vehicular homicide and involuntary manslaughter.
   State police are still working on an internal investigation into the crash, said Trooper Lucien Southard.
   Jessica Fowler Vaughan, Kenneth's sister, said the family was relieved to see in an accident report that the trooper had been driving over the speed limit.
   They had been worried that state police might not thoroughly and fairly investigate one of its own. It appears they did, she said.
   Now the family is waiting to see what action, if any, will be taken against Devlin.
   "It certainly was reckless," she said. "He really ought to lose his job."
   The family is also interested in changing the laws in Pennsylvania. They are gathering numbers to call state legislators.
   They have been frustrated that state laws keep investigations and police pursuit policies private.
   "I want to know if Pennsylvania troopers are supposed to be chasing people without an inspection sticker," said Gayle Fowler, Kenneth's wife.
   Gayle said the pain of her husband's death is hard to handle. She simply takes one day at a time.
   "I wouldn't want anyone ever to be in my shoes," she said.
   Within the past two weeks, more motorcycle riders have expressed outrage over the crash on Rick Henry's Web site, www.freebikers.com. Henry, of Lititz, has been closely following the investigation.
   Some have been eager to blame Devlin. Others have taken a more cautious approach, saying even police make mistakes.
   One group, Alliance of Bikers Aimed Towards Education Inc. of Pennsylvania, says it will be waiting for the investigation to be complete before making any statements.
   Dan Faingnaert, a state coordinator, said people are making all kinds of allegations and not waiting for the full facts.
   "This is only inflaming a volatile situation," he said.
   A.B.A.T.E. of PA had written a letter to members of the state senate informing legislators of its position.
   A.B.A.T.E. has lobbied legislators to change their point of view regarding motorcyclists.
   "...as an organization, we have no desire to inflame the rhetoric which is currently being generated," the letter from the group said. "Many of our members understand the day-to-day tensions which today's society generates and our only overriding goal is to see justice done and fair treatment applied to all."

      I ("hdcowboy") went to the scene and talked with the locals. I looked at the police paint on the road, saw where Devlin was coming from, where he lost it, how far he knocked Ken Fowler down the road. The first thing that should happen (after Devlin is fired and prosecuted) is for PennDot to get their asses out there and eliminate that "S" curve. The middle of the "S" is at the top of a blind hill. The shoulders are not the legal 4' minimum width. There are steep banks on both sides of the road. The average driver going through that stretch of road at 30 mph will have difficulty negotiating it.

      When one stands beside the road and watches traffic go through the "S", you notice that every other car crosses the center line. Not all the way across into the on-coming lane like Devlin did, but the driver's side wheels hit the double line. This is no little hill. Down shifting is required to negotiate the "S".

      If Devlin had just been through there minutes before, he had to know how treacherous this section is. So what the Hell was he thinking?

      It's obvious to anyone who has been to the site that he wasn't thinking at all. So the question remains: did they do a B.A.C. or drug test on him? What are they going to do now?

Cowboy
"Predictably Unpredictable"
http://www.freebikers.com/pcom
ICQ# 5913013


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