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District Attorney Clears San Rafael Police of Criminal Liability for Fatal Crash
Created by Kimberlee Sakamoto on 7/9/2009 11:33:00 AM


SAN RAFAEL (BCN) -- Marin County District Attorney Ed Berberian says San Rafael police are not criminally liable for the death of a man who died in a vehicle crash as he was evading police during a pursuit in March.

Police did not engage in criminal conduct when they pursued Ian Minich after he engaged in life-threatening, reckless driving and acted properly to prevent Minich from causing injury or death to civilians or police officers, Berberian said.

Minich, 29, a transient, died when his 1997 GMC Astro van hit a power pole in unincorporated Marin County on March 30 while he was evading police.

The incident began shortly after 11 a.m. when a San Rafael foot patrol officer went to the Ritter Center, which provides services for the homeless, at 16 Ritter St., San Rafael police spokeswoman Margo Rohrbacher said in March.

Officials at the center wanted Minich to leave and he apparently took off in a van, Rohrbacher said.

At around 11:15 a.m. a San Rafael patrol officer saw the van driving recklessly through a red light at Third Street and Lincoln Avenue in San Rafael, Rohrbacher said.

The officer could not stop the van and broadcast a description of it, Rohrbacher said.

Another patrol officer then saw the van parked on the side of Point San Pedro Road at Beach Road.

Minich was out of the van but got back inside when he saw the patrol car pull up, Rohrbacher said. As the van drove away it allegedly struck the patrol car. The officer inside was not injured.

The van drove east, allegedly traveling recklessly on Point San Pedro Road, with the patrol car in pursuit, Rohrbacher said.

A San Rafael motorcycle officer was stopped on Point San Pedro Road at Porto Bello Drive waiting for the van to approach.

The van allegedly drove the wrong way on eastbound Point San Pedro Road, veered toward and struck the motorcycle, Rohrbacher said. The motorcycle officer was able to jump from the bike into some brush before the collision and escaped serious injury, she said. He was taken to a hospital with minor injuries and was released shortly thereafter.

The van then drove on Point San Pedro Road and another patrol car was damaged when the officer tried to perform a legal intervention maneuver, Rohrbacher said.

The van hit the power pole on Point San Pedro Road at Summit Avenue at 11:27 a.m.

Berberian said his investigation found evidence Minich tried to kill Officer Robert Henkle by intentionally steering his van toward Henkle and accelerating at a high rate of speed.

Officer Thomas Collins acted properly to defend the lives of people driving on San Pedro Road when he performed the legal intervention, Berberian said.

(Copyright 2009, Bay City News, All rights reserved.)

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