STATEOFINDIANA —) IN THE HENRY CircutT Court ) Ss: COUNTY OF HENRY) CASE No. 33001-1010 Hoo2s ¢ 2 ( FILED } ¢ ) ( OCT 64 201 } $ amma h, coor } ¢ FILE STAMP J STATE OF INDIANA ) INFORMATION FOR: ) ) FAILURE TO STOP AFTER ACCIDENT ) CAUSING DEATH vs. ) CLass C FELONY J LC. 9-26-1-1 J LC. 9-26-1-8(a)(2) SUE ANN VANDERBECK ) DOB: 3-5-49 ) On or about September 30, 2010, on State Road 40, in Henry County, State of Indiana, Sue Ann Vanderbeck did drive a vehicle that was involved in an accident that resulted in the death of another, to- wit: William Phillips, and said Sue Ann Vanderbeck failed to stop the vehicle at the scene of said accident, or as close as possible thereto, and said Sue Ann Vanderbeck did fail to comply with the requirements of LC. 9-26-1-1, all of which is contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the State of Indiana, a. Det. Sgt. Elmer New Henry County Sheriff's Department, Subscribed and sworn to before me this Ab of October, 2010. My commission expires: Kit C, Dean Crane December 31, 2010 Prosecuting AttorneyAPPROVED BY ME: it C. Dean Crane Prosecuting Attomey WITNESSES: Sgt. Jimmie Condra, Greenfield Police Department Officer Stephen Kalk, Greenfield Police Department Det. Sgt. Elmer New, HCSD Inv. Scott Jarvis, ISP Sgt. Bill Hutton, ISP Det. Sgt. Ed Manning, HCSDSTATE OF INDIANA a IN THE HENRY CIRCUIT CouRT ) SS: COUNTY OF HENRY i) STATE OF INDIANA 3) 33001-1010 FCO028 vs. ) CASE No. } FILED ‘SUE ANN VANDERBECK ) OCT 04 2019 AFFIDAVIT FOR PROBABLE CAUSE omed, heck, The undersigned, being first duly sworn upon his oath, deposes and says upon information and belief that Sue Ann Vanderbeck, has committed the offense: Failure to Stop After Accident Causing Death, Class C Felony, and in support thereof says as follows: 1. That this affiant is and officer with Henry County Sheriff's Department, Henry County, Indiana, 2, That attached hereto and made a part hereof are: Henry County Sheriff's Dept. Incident No. 10- 017577 and Indiana State Police Case Report No. 51-1787, and attachments thereto. ‘That the above-described events took place in Henry County, Indiana. Det, Sgt. Elmer New Henry County Sheriff's Department fay of October, 2010. ‘Subscribed and swom to before me this My commission expires: December 31, 2010 tC. Dean Crane Prosecuting Attorney10/04/2010 173 13:30 LAW Incident Table: Page: 1 Incident Number: 10-017577 Nature: Fatal Accident Case Number: Image: Addr: 9500 Blk W US 40 Area: WAY Wayne Township City: Knightstown ST: IN Zip: 46148 Contact: Sgt Condra Greenfiel Complainant & st: Fst: Mid: DOB: SSN: adr Rac: Sx: Tel: cty: ST: Zip: Offense Codes: TAFA Reported: TAFA Observed: TAFA Circumstances: LT13 Rspndg Officers: C Hanson PH305 8. Pryor 902 M Rossiter 3324 & Rspnsbl Officer: B New 3352 Agency: HCSD CAD Call TD: 449811 Received By: JT Burns COB1 Last RadLog: 07:13:23 09/30/2010 CMPLT How Received: E E-911 Line Clearance: INV Investigation Pending When Reported: 00:34:18 09/30/2010 Disposition: ACT Disp Date: 09/30/2010 Occurrd between: 00:34:18 09/30/2010 Judicial sts and: 00:34:18 09/30/2010 Misc Entry: 11 Mo: Narrative: (See below) Supplement: (See below) (See below) INVOLVEMENTS Type Record # Date Description Relationship NM 89381 09/30/2010 Kalk, Stephen N Witness/Rider NM 157943 09/30/2010 Condxra, Jimmie D Witness/Rider NM 157944 09/30/2010 Phillips, William Victim 10-0 NM 157959 09/30/2010 Glenn, Jason Passerby cA 449811 09/30/2010 00:34 09/30/2010 Fatal Acciden *Initiating Call PR 122223 10/04/2010 Car Parts §0 ITEMHI3A PR 122224 10/04/2010 Car Parts §0 ITBMH13B PR 122225 10/04/2010 Car Parts §0 ITEMH13C PR 122226 10/04/2010 Car Parts §0 ITEM#H13D PR 122227 10/04/2010 Car Parts §0 ITEMH13E PR 122228 10/04/2010 LGR Shorts Khaki $0 TTEMH14 PR 122229 10/04/2010 BLK Shorts Pearl Izumi Span $0 ITEM#15 PR 122230 10/04/2010 BLK Shorts Merona Boxer $0 ITEM#16 PR 122231 10/04/2010 GRY Shirt Jerzee Mossy Oak $0 ITEM#17 PR 122232 10/04/2010 WHI Shirt Under Armour $0 TTEMH18 PR 122233 10/04/2010 WHI Shirt Fruit of Loom Tan $0 ITEM#19 PR 122234 10/04/2010 BLK Shoe Diadora Reflex $0 LDEM#20 PR 122235 10/04/2010 Socks $0 ITEM#21 PR 122236 10/04/2010 Helmet $0 TTEMH22 PR 122237 10/04/2010 Gloves $0 TTEM#23 PR 122238 10/04/2010 Pack $0 ITEMH24 PR 122239 10/04/2010 Pouch $0 ITEMH25, PR 122240 10/04/2010 Pouch $0 TTEMH26 PR 122241 10/04/2010 Hair $0 LTEMH27 PR 122242 10/04/2010 dna card §0 ITEM#28 PR 122243 10/04/2010 Miscellaneous $0 ITEMH29PR PR PR PR PR PR PR PR PR PR PR PR PR PR 122149 09/30/2010 122150 09/30/2010 122151 09/30/2010 122152 09/30/2010 122153 09/30/2010 122154 09/30/2010 122155 09/30/2010 122156 09/30/2010 122159 09/30/2010 122160 09/30/2010 122161 09/30/2010 122162 09/30/2010 122163 09/30/2010 122175 09/30/2010 122176 09/30/2010 TRA TRA TRA TRA ong ONG TRA TRA BLU RED BLK TRA TRA BLK SIL LAW Incident Offenses Detail: Offense Codes Seq Code Car Parts Car Parts Car Parts Car Parts Car Parts Car Parts Car Parts car Parts 1 TAFA Traffic Accident, Fatal LAW Incii Seq Code 1 LT13 dent Circumstances: unknown unkno $0 I'TEMH1 unknown unkno $0 ITsMi#2 Toyota unknow $0 TTEMH3 unknown unkno $0 ITEMI4 unknown unkno $0 ITEMS unknown unkno §0 ITEMH6 Toyota unknow $0 ITEMH7 unknown unkno $0 ITEM#S Bicycle Giant XTC 21" $0 T'TEMHS Light Blackburn Flasher $ ITEM#10 shoe Diadora reflex $0 ITBM#11 Parts Bicycle Reflector § ITEM#12 Car Parts unknown unkno $0 ITEM#13 Bicycle Giant OCR1 $0 Bicycle#3 Bicycle DiamondBack Wil $0 Bicycle#2 Amount, oO. Contributing Circumstances Comments Highway/Road/Alley LAW Incident Responders Detail Resp Seq Name C Ha B. P: onding Officers Unit son PE305 33-5 ryor 902 902 M Rossiter 3324 33-24 1 2 3 4s. Gi 5 Kim 6 L Wi 7B Nei 8 T Da 9 5 Ma Main Rad: Time/Dat: 05:12:15 uEfey 3379 33-79 Cronk PE18 33-4 ley 3339 33-9 Ww 3352 33-11 ling 33-6 inning PE104 33-12 09/30/2010 io Log Table: e ‘Typ Unit 09/30/2010 1 33-11 09/30/2010 1 33-4 09/30/2010 1 33-5 09/30/2010 1 33-79 09/30/2010 1 33-5 09/30/2010 1 33-24 09/30/2010 1 33-6 09/30/2010 1 33-12 1 1 09/30/2010 Code CMPLT cMPLT cMPLT cMPLT CMPLT CMPLT CMPLT CMPLT NMINQ CMPLT Zone WAY WAY WAY WAY WAY WAY WAY WAY coun" WAY Agne HCSD HCSD HCSD CSD “CSD HesD HCSD IT HCSD HCSD 00 Description incid#=10-017577 Completed cal incid#=10-017577 Completed Cal incid#=10-017577 Completed Cal incid#=10-017577 Completed Cal (upc) Completed call incidt=10 MDC: name=NELSON, BAR*ime/Date 4:47:48 4:33:59 11:25:46 ¥1:22:17 )1:22:08 y1:19:16 y:17:35 y1:15:30 dL:15 212 00:34:51 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 09/30/2010 yp Unit 33-6 33-79 33-6 33-79 902 33-12 33-6 33-9 33-6 33-79 33-11 33-6 33-4 33-6 33-11 33-9 33-4 33-79 33-5 33-24 33-5 33-5 902 33-24 33-5 902 Code ARRVD ARRVD ENRT ENRT CMPLT ARRVD ARRVD ARRVD ENRT ARRVD ARRVD ARRVD ARRVD ENRT ENRT ENRT ENRT cMpLT ARRVD ARRVD ARRVD ARRVD ENRT BNRT ENRT Zone WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY way WAY way WAY WAY WAY WAY Agne HCSD HCsD SHTM HCSD HCSD HcsD HCSD i HesD 3 HCSD HCSD NCSD HCSD i HCSD HCSD HCsD HCSD HCSD HCSD SHTM HCSD HcsD ‘SHIM Description incid#=10-017577 Arrived on Sc Ball, call=11 Accident Scene on US 40, cal Ball Memorial Hospital, cal incid#=10-017577 Arrived on sc incidi#-10-017577 CID call=11 incid#=10-017577 Arrived on Sc 0-017577 CID with 1 su 0-017577 Arrived on Sc 0-017577 Arrived on sc 0-017577 Arrived on sc 0-017577 Arrived on Sc 0-017577 Enroute to a 0-017577 Enroute to a 0-017577 Enroute to a 0-017577 Enroute to a Enroute to a Call call-1l incid#=10-017577 Reassigned to (MDC) Arrived on scene incid#= incid#=10-017577 Arrived on Sc (MDC) Arrived on scene incidit= call=11 (MDC) Assisting unit 33-5 inci incid#=10-017577 Enroute to a Enroute to a Call call=11On 10/01/10, at approximately 0100, I Det. Sat. Elmer New was contacted at my residence by Det. Capt. Kim Cronk, who requested I come on duty, and assist with the investigation of a fatal accident. Capt. Cronk stated he had been advised that a Greenfield Police Officer had been killed by a hit and run driver, in the area of the 9000 block of U. S. 40, Henry Co., In, Capt. Cronk stated the officer had been riding his bicycle with two other Greenfield Officer’s when the hit and run had occurred. At approximately 0119, I Det. New called dispatch, advising them I was on duty, and was in route to the area of the accident. Upon my arrival at the accident scene, I Det. New observed that crime scene tape had been placed around the area, and several emergency personal was on the scene. IDet. New was approached by Capt. Cronk, who requested I transport one of the Greenfield Officers identified as Stephen Kalk, to CID, to be interviewed. Capt. Cronk. stated he would have Det. Tony Darling transport the other Greenfield Officer idemtified as Sgt. Jimmie Condra, to CID for an interview. Upon my arrival at CID with Officer Kalk, at approximately 0206, I Det. New took Officer Kalk to an interview room. Officer Kalk agreed to give a recorded statement on his involvement in the hit and run accident. Officer Kalk stated the following: Officer Kalk stated on 09/29/10, he and officer’s Jimmie Condra and William Phillips had worked the afternoon shift for the Greenfield Police Dept. Officer Kalk stated he and the other two officers had called off duty at approximately 2200. Officer Kalk stated after each officer had gone home, they met at the Greenfield Police Dept. at approximately 2230. Officer Kalk stated they had agreed to take a training ride ‘on their bicycles, Officer Kalk stated at approximately 2245, they had begun their ride, starting at the ‘entrance to the Pinsey Bike trail in Greenfield, Officer Kalk stated the trail leads out of Greenfield onto U. S. 40, at County Road 400E, Hancock, Co. Officer Kalk stated they traveled eastbound on U. S. 40, stopping at the Speedway Gas Station in Knightstown, Henry Co,, In Officer Kalk stated due to the cool temperature, they stayed in the Speedway Station for approximately 10 to 15 mimutes. Officer Kalk stated when they agreed to continue their ride, they entered onto U. $. 40, westbound. Officer Kalk stated each bike had front and rear blinker lights, reflectors on their bikes pedals, glow strips on their camel packs or clothes, and chem. lights on their person.Officer Kalk stated as they were riding, they were in the right lane, riding three abreast. Officer Kalk stated when they could hear a vehicle coming, he would ride to the front of the other two bikes, so they could drop back behind. Officer Kalk stated after they had been riding for 7 to 10 minutes, he could hear a vehicle coming eastbound on U. S. 40, Officer Kalk stated he sped ahead of Sgt. Condra and Officer Phillips, traveling next to the white fog line. Officer Kalk stated Sgt. Condra stayed next to the white fog line behind his (Kalk’s) bike, and Officer Phillips stayed next to Sgt. Condra’s left in the travel lane, Officer Kalk stated when he looked back to see where the vehicle was, he could see the vehicle’s headlights. Officer Kalk stated when he tured back to the west, he could hear the vehicle strike one of the bikes. Officer Kalk stated he did not see the vehicle hit the bike. Officer stated he then heard the vehicle's tires squeal, and observed the brake lights of the vehicle a couple of times. Officer Kalk stated after the vehicle gained control, the vehicle sped away. Officer Kalk gave the following description of the suspect vehicle: boxy older style van, dark color, straight sloped front, a possible Nissan. Officer Kalk stated the tail lights appeared to be not very bright. Officer Kalk stated he could not see the license plate due to the license plate light was not on, Officer Kalk stated he was unable to see any other markings on the suspect vehicle. Officer Kalk stated he was unable to see any one in the suspect vehicle. Officer Kalk stated when he approached Officer Phillips, who was laying in the roadway, Officer Phillips had blood coming from his nose. Officer Kalk stated Officer Phillips never spoke to him. “See copy of transcript of Officer Stephen Kalk’s recorded statement”, (On 09/30/10, in the early morning hours, I Det. New was advised by Sheriff Butch Baker that an unknown attorney had contacted the Henry Co. Prosecutor's Office, stating he had a client who wanted to tur herself in as the driver during the hit and run accident. Sheriff Baker stated the attomey, Henry Co. Prosecutor Kit Crane and the Indiana State Police, ‘were negotiating on how the suspect would turn herself in. Sheriff Baker stated the suspect identity was not known at this time. On 10/01/10, at approximately 0800, I Det. New was advised by Sheriff Baker that I was to meet with Det. Scott Jarvis of the Indiana State Police, due to a meeting with the suspect in the hit and run accident, and her attorney, had been arranged by Prosecutor Crane and her attorney. Sheriff Baker stated I would receive details of the meeting when I met with Det. Jarvis. ‘At approximately 0900, I Det. New arrived at the Indianapolis State Police Post, where I was met by Det. Jarvis, and Indiana State Police Sgt. Bill Dalton.Det, Jarvis stated at approximately 1000, he and I was to meet with Attomey Steve Litz at his office, 295 S. Chessnut, Monrovia, In., where were to meet with his client (not yet identified), to conduct an interview. Sgt. Dalton stated he would not be going to the meeting Before leaving the Indianapolis Post for Monrovia, I Det. New received a call from Sheriff Baker. Sheriff Baker advised me not to identify the attorney or suspect being interviewed, due to an agreement between Mr. Litz and Prosecutor Crane. At approximately 0955, I Det. New and Det. Jarvis arrived at the Law Office of Mr. Litz. At approximately 1000, I Det. New and Det. Jarvis was taken to a conference room, where I observed a male and female sitting at a conference table. Before beginning the interview, Mr. Litz stated his client would give a full statement on her involvement in the hit and run accident. Mr. Litz stated Prosecutor Crane, myself and Det. Jarvis would be the only ones to have knowledge of the details of the statement, and the identity of his client, until charges was filed, and an arrest was made. Mr. Litz stated he would be recording the interview with his client. I Det, New and Det. Jarvis would also be recording the interview. ‘The suspect was identified as the following: Sue Ann Vanderbeck 10303 Baribead Lane Indianapolis, In, 46229 317-894-4346 (phone) SSN: DOB: 03/05/1949 (age 61) ‘Ms. Vanderbeck’s husband would also be in the room during the interview. Ms. ‘Vanderbeck’s husband was identified as the following: Ric Smith Same address DOB: 09/21/1954 ‘At approximately 1001, before asking Ms. Vanderbeck any questions, Det. Jarvis read an advice of rights form, as she read a copy of the form along with him. After the reading of the rights form, Ms. Vanderbeck stated she understood her rights, agreeing to sign her ‘waiver of rights. Mr. Litz gave a copy of a consent to search form, signed by Ms. Vanderbeck, that authorized the police to take custody and search her vehicle involved in the hit and run. ‘The vehicle was identified as the following: 1998 Toyota Sienna Van, red or maroon in color.Ms. Vanderbeck stated she had parked the vehicle in her driveway after the accident, and had not moved the vehicle since. Ms. Vanderbeck stated she had not cleaned or altered the vehicle in any way. Ms. Vanderbeck stated the following: Ms. Vanderbeck stated she had traveled from her residence in Indianapolis, to her mother’s residence in Cambridge City, In., with her three male children, age 4, and twin boys, age 15 months. Ms. Vanderbeck stated her mother hhad died a short time ago. Ms. Vanderbeck stated while at the residence, she and the boys hhad taken a nap. Ms, Vanderbeck stated on 09/30/10, at approximately 0015, she had placed the three children in their car seats in her 1998 Toyota van, so she and the children could go back to her residence, Ms, Vanderbeck stated she had not consumed any alcoholic beverages, or taken any illegal drugs during the day. Ms. Vanderbeck stated the only medication she hhad taken was Prozac, and a blood pressure Ms, Vanderbeck stated when she left Cambridge City, she felt better then she had felt in a while. Ms. Vanderbeck stated she was not tired or sleepy, and had no head-ace. ‘Ms, Vanderbeck stated while traveling westbound on U. S. 40, the twins had fallen asleep, and she was talking and singing to the four year old, to keep him quite. Ms. ‘Vanderbeck stated the four year old was Autistic, was hard to keep calm, and required a lot of attention. Ms. Vanderbeck stated after she had gone though Knightstown, she came upon an object, in the roadway. Ms, Vanderbeck stated at first she did not know what the object was due to it being so dark. Ms. Vanderbeck stated she did not see any lights on the object. Ms. Vanderbeck stated when she tried to miss the object, her right front fender of her van struck the object. Ms, Vanderbeck stated she observed the object was a bicycle, and not an animal. Ms. Vanderbeck stated when she looked back, she observed two other men and their bicycles with the person she had struck. Ms. Vanderbeck stated she began to ory and scream. Ms. Vanderbeck stated all three boys woke up and began to cry. Ms. Vanderbeck stated due to she observed that the person she had struck was not alone, and having the three children with her, she decided to not stop, but go on home. Ms. Vanderbeck stated after she had traveled a short distance, she observed a police car with its emergency lights on, eastbound on U. S. 40. Ms. Vanderbeck stated after she arrived at her residence, she took the three children into the house, Ms. Vanderbeck stated she told her husband what had happened. Ms. Vanderbeck stated she and her husband had gone outside the residence to inspect the van. ‘Ms, Vanderbeck stated due to the small amount of damage, she felt that no one could have been hurt, Ms. Vanderbeck stated she and her husband agreed to call the police in ‘the morning, ‘Ms. Vanderbeck stated before she and her husband had gone to bed, they decided to watch the news. Ms. Vanderbeck stated she observed a news report of a hit and runaccident on U. S. 40, where a police officer had been struck and killed on a bicycle. Ms. ‘Vanderbeck stated she felt this was the same accident she had been involved in. Ms, Vanderbeck stated she and her husband agreed they would talk to their attorney during the morning hours, to get legal advise on how and when to turn herself in to the police. ‘Ms. Vanderbeck stated during the morning hours, she made contact with Mr. Litz. “See copy of transcript of Sue Vanderbeck’s voluntary recorded statement” After I Det, New and Det. Jarvis had completed the interview, the Indiana State Police Post in Indianapolis was contacted to make arrangements to have a State Police wrecker take custody of Ms. Vanderbeck’s 1998 Toyota van, from the driveway of her residence. ‘The wrecker would then transport the van to the State Police Post in Pendleton, In. I Det. ‘New made contact with Det. Sgt. Ed Manning, asking him to make contact with State Police Evidence Technicians, and assist them in the processing of the van. ‘See copy of Det. Manning’s narrative for findings of his search of the van, ‘A copy of this report is being sent to the Henry Co. Prosecutor's Office for review. 09/30/2010 Det, Sgt. Elmer R. New DATE: INVESTIGATOR Prosecuting Attorney 53" Judicial CircuitLaw enforcement agencies responded to a report of a pedestrian that had been struck by a vehicle in the 9500 block of west US 40. The vehicle, described as a dark colored 4 door passenger car, fled the scene westbound on US 40. Greenfield Police Officer's Stephen Kalk, Jimmie Condra and William Phillips were biking westbound on US 40 from Knightstown when an unknown vehicle struck Officer Phillips from behind. Officer Phillips suffered fatal injuries as a result of the accident.Law Supplemental Narrative: Supplemental Narratives Seq Name Date Narrative 1 C Hanson PE305 21:52:03 09/30/2010 HENRY COUNTY SHERIFF'S DEPARTMENT The following facts and information subscribed and sworn to before me this date: On 9/30/10 while on duty for the Henry County Sheriff's Department I, Deputy chris Hanson, along with Deputy Mike Rossiter, Officer Joe Radcliff and Officer Bryon Pryor responded to the 9500 block of west US 40 for a report of a pedestrian that had been struck by a vehicle. Dispatch advised that the vehicle, described as a dark colored 4 door passenger car with loud exhaust, fled the scene continuing westbound on US 40 into Hancock County. Prior to our arrival Dispatch advised that a medic unit was on scene requesting a coroner. upon my arrival I noticed a male sitting beside 2 bicycle, another male pacing around with his bicycle propped up along the guardrail and a third subject was lying in the roadway being attended to by medics his bicycle just off the roadway badly damaged. I spoke with the biker sitting in the roadway, and he identified himseif as Jimmie Condra(10/9/73) an officer with the Greenfield Police Department. I asked Officer Condra for the names of the other riders, and he stated Stephen Xalk(2/3/83) was the biker walking around and William Phillips (10/5/77) was the injured biker. Officer Condra stated both are also Greenfield Police Officers. 1 asked Officer Condra if he could provide me with a description of the vehicle involved in the incident. Officer Condra stated he believed it was a 4 door passenger car, possibly dark in color, with a loud exhaust. Medics then escorted Officer Condra to an awaiting ambulance. The medics advised there was nothing they could do for Officer William Phillips, and that the coroner had been contacted. The scene was cleared of all unnecessary personal, and crime scene tap was put up to keep the scene of the accident as untainted as possible. Detective Captain Kim Cronk was contacted about the situation. Capt. Cronk advised that he would be en route to the scene as well as some of other detectives of the Sheriff's Department. Capt. Cronk advised he would make contact with the Indiana State Police Accident Reconstructionist, and have them assist in mapping the crime scene. A log was also started listing the names and dates of birth for all subjects that had been on or near the crime scene. I then spoke with Officer Stephen Kalk. Officer Kalk was now sitting on the guardrail along the road. I asked Officer Kalk if he could explain their route of travel. Officer Kalk stated that they had rode on US 40 from Greenfield to the Speedway gas station in Knightstown. They were returning to Greenfield when this incident occurred. Officer Kalk stated that he was riding in front of the other two officer's. Officer Kalk stated that he heard a noise, but refused to believe what he knew the sound was. I asked Officer Kalk if he could provide further information on the vehicle that was involved in the incident. Officer Kalk stated that he believed the vehicle was an older model Nissan van. I spoke with a subject inside a vehicle that had been flagged down by the officer's involved in this incident. The subject identified himself as Jason Glenn (10/19/89). Mr. Glenn stated that he was westbound on US 40 when he was flagged down by Officer Condra. Officer Condra told Mr. Glenn to park vehicle and turn on his flashing emergency lights to protect the Officer's until emergency crews could arrive. Deputy Rossiter and I maintained the security of the scene until the Henry county Detectives arrived to take charge of the scene. Detectives then took Officer's Condra and Kalk from the scene to the Criminal Investigations Division.10/1/10 0440 = Chris Hanson Date, Time, Reporting Deputy Prosecuting Attorney Field Supervisor S3rd Judicial CircuitLaw Supplemental Narrative: Supplemental Narratives Seq Name Date Narrative 2 E Manning PE104 08:03:08 10/04/2010 HENRY COUNTY SHERIFF'S DEPARTMENT The following facts and information subscribed and sworn to before me this date On 09-30-10 at approximately 0123 Hrs. I, Det. Sgt. Edward B. Manning, was contacted by Det. Capt. Kim Cronk ref. a fatal hit and run accident. I was equested at the scene of the hit and run located in the 9500 block West US40 Knightstown, In. I arrived at the scene at approximately 0209 Hrs.. Upon arrival I observed multiple police cars and fire trucks. I observed a large section of the Westbound lanes of US40 were closed off with yellow police tape and officers. T met at the scene with Det. Capt. Kim Cronk and was briefed on the case. 1 was Bavised that accident reconstructionist from the Indiana State Police were enroute to the scene. I then began to take some photographs of the scene. I also entered into the Scene and did a walk through of the scene. I observed several broken hard clear plastic pieces laying in the roadway. I observed broken orange pieces of hard Elastic also laying in the roadway. There was a small red steady light laying in the roadway along with another small red steady light laying in the grass on the North side of the roadway. I found a black and silver shoe laying on the North side of the roadway. I observed three bicycles at the scene. Bicycle#1 was laying along the North side of the road. Bicycle#l is described as a biue and silver Giant XTC 21" multi-speed bicycle Serial#GJ4A1746. This Bicycle had damage to the rear of the bicycle. The tire was off of the rear rim. The rear rim was broken and the rear frame was bent. The bicycle had a clear steady light on the front of the bike and was on upon my arrival. There was a Yeflector on the front tire spokes. Bicycle#2 was leaning against a guardrail located on the North side of US40. Bicycle#2 is described as a sliver and black imlti-speed Diamondback Wildwood Deluxe bicycle Serial#07A0036930. This bicycle had a red flashing light mounted on the rear of the bicycle which was not on upon my arrival. I later checked the light and it did work and was operational. There was reflectors on both front and rear spokes of the tires. I found no obvious damage to this bicycle. Bicycle#3 was laying in the Westbound lanes of Uso, Bicycled3 is described as a black and red Giant OCR1 multi-speed bicycle Serial#GR6G3491. This bicycle had a clear light on the front of the bike which was on and operational. I found no light on the back of the bicycle, however T was advised that the red steady light laying in the roadway came from Bicycle#3. There were reflectors on both the front and rear spokes of the tires. observed laying in the Westbound lanes of US40 a white sheet covering a body I was assisted in removing the sheet by Det. Capt. Kim Cronk and Coroner Stacey Guffey. Upon removing the sheet to take photographs I observed a white male laying on his left side with his head facing Bast and his legs facing West. He was wearing a black colored bicycle helmet, black and grey gloves, khaki shorts, White shirt under a long sleeve gray shirt, a hydration pack/backpack, black Socks, and a black shoe on his left foot. He had no shoe on his right foot. T observed injuries to both legs and observed what appeared to be blood on his face. The upper part of the body was laying in a large pool of what appeared to be blood. I observed material on the gloves and backpack which was reflective to light. I took photographs of the body at this time.The Indiana State Police Reconstructionist then arrived at the scene. This was Trooper Raney and Trooper Keagen. They marked the area where the body was laying and then the body was removed from the scene by Coroner Stacey Guffey. 1 then photographed and placed markers with the items I planned to collect as evidence. I also video taped the scene. They then reconstructed the scene measuring and documenting the scene. Upon their completion I then began to document and collect evidence from the scene. I collected the following items: Item#1 clear piece of hard plastic collected from the roadway 09-30-10 at 0636 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number. Ttem#2 clear piece of hard plastic collected from the roadway 09-30-10 at 0637 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number. Item#3 clear piece of hard plastic with stamp "TOYOTA N? 08-02" on it collected from the roadway 09-30-10 at 0637 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number. Item#4 clear piece of hard plastic collected from the roadway 09-30-10 at 0638 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number. Item#S clear and orange piece of hard plastic collected from the roadway 09-30-10 at 0638 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number. Item#6 clear and orange piece of hard plastic collected from the roadway 09-30-10 at 0639 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number. Item#7 clear piece of hard plastic with stamp "USA SAE AIPP296DOTR" on it collected from the roadway 09-30-10 at 0639 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number. Item#8 clear piece of hard plastic collected from the roadway 09-30-10 at 0640 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number Item#9 blue and silver Giant bicycle collected from the North side of the road 09-30-10 at 0655 lixs. The item was collected and placed in my commission Ttem#10 red steady light collected from the grass area on the North side of the road 09-30-10 at 0642 Hrs. The item was placed in a brown evidence sack which was marked with the item number Item#11 black and silver shoe collected from the roadside of the north side 09-30-10 at 0643 Hrs. The item was collected and placed in a brown evidence sack which was marked with the item number. Item#12 clear small piece of hard plastic collected from the roadside on the North side of the road 09-30-10 at 0644 Hrs. The item was placed in a brown evidence sack which was marked with the item number.Ttem#13 6'small clear pieces of hard plastic located together in the roadway 09-30-10 at 0644 Hrs. The item was placed in a brown evidence sack which was marked with the item number. These items were then marked as Item# 13 and 13A, 138, 13¢, 13D, and 13E for packaging purposes. The other two bicycles at the scene were collected and transported to the Henry County Criminal Investigations Division by Det. Sgt. Tony Darling. The collected items will be placed in the scene by measurements from the Indiana State Police accident reconstructionist. I then cleared the scene and transported the evidence to the Henry County Criminal Investigations Division. 1 began documenting the evidence in my report. T met with Det. Sgt. Elmer New and gave him information on the numbers and lettering on the hard plastic I recovered. He took this information along with Teem#7 to attempt to locate a type of vehicle, Det. Sgt. New then returned Ttem#7 to me. The times are noted with the involvement of the item. on 09-30-10 I, Det. Sgt. Manning, attended the autopsy of William Phillips. The autopsy was performed at the Ball Hospital in Muncie, In. The pathologist performing the autopsy was Dr. Mellen. The clothing from Mr. Phillips was Femoved and they were collected by me at 0955 Hrs. Collected were khaki shorts, black bicycle shorts, black boxer briefs, green long sleeve shirt, tank top, white shirt, black socks, one black shoe, pair of gloves, hydration pack/backpack, bicycle repair kit case, bandage/medical kit. These items were collected and’ placed in brown evidence sacks. 1 then photographed the body and also made note of obvious injuries on the body. During the autopsy a small piece of unknown foreign material was found on the face of Mr. Phillips. The item was collected by Dr. Mellen and placed in a plastic container. Also collected during the autopsy was blood used for a DNA Stain card and hair from the scalp of Mr. Phillips. These items were collected by pathologist assistant James Spangler in my presence and I took possession of these items on 09-30-10 at 1230 Hrs. The conclusion of the autopsy I was advised by Dr. Mellen that Mr. Phillips had a Basal Skull fracture and serious brain trauma. I then cleared the autopsy and transported the evidence collected at the autopsy to the Henry County Criminal Investigations Division. upon arrival at the Henry County CID I allowed the clothing to air dry due to the large amount of blood on the clothing. T inspected the clothing for any obvious trace evidence such as glass, paint fragments, or other material. 1 found no obvious evidence however the items will be submitted to the ISP Lab for testing. I then packaged the items for evidence. on 10-01-10 I, Det. Sgt. Manning, was advised by Det. Sgt. Elmer New to meet with Indiana State Police Technicians at the Pendleton State Police Post to help process a vehicle for evidence in this case. I arrived at the state Police Post and met with State Police Evidence Technician Sgt. Bill Hutton. I observed parked in the vehicle bay surrounded by yellow police tape the following Vehicle. 1998 maroon with gray trim around the bottom Toyota Sienna van VIN#4T3ZF13C6NU051301 with License Plate# Indiana 826GP. I observed that the vehicle had tape with initials on all of the doors and hatch to the van. I observed damage to the vehicle. The windshield on the passenger side was busted and cracked. The turn signal cover on the passenger side was broken. The front bumper on the passenger side was cracked and had blacksmudging and impressions on it. The. passenger side hood had small dents. There was black smudges and white smudges on the top of the front passenger door casing. 1 observed what appeared to be hair and blood on the broken portions of the broken turn signal lens. I videotaped the vehicle and the damage. I then assisted Technician Sgt. Hutton as he documented the vehicle by photography, measurement, and evidence collection. All evidence from the vehicle was collected by Technician Sgt. Hutton. For further see his report. EPS 10-04-10 Bdward B. Manning Date, Time, Reporting Deputy Prosecuting Attorney Field Supervisor 53rd Judicial CircuitINDIANA STATE POLICE CASE REPORT aT oat 1-787 Os Leaving the Scene of a Fatal Accident Van Nnatncoried Dano — Officer William Phillips Ve eas aa 4664 NCR 300 B, Greenfield, IN 46140 Veunier aes” | 0B Tae] 55 Pasre Taal feomzem M w osirs4_|26 NA Dai ae TOSS Dea psa Tara Sal (09-30-10/ Approximatley 12:30AM _| 09-30-10 11:30 AM 1x pita By Va & A) i i Henry County Prosecutor Kit Crane, 1215 Race St,, New Castle, IN 47362 | 165-529-4614 Tats oT OE US 40 (W/B) WIO CR 875 West. oy Tae aa Ss ! Knightstown Wayne IN IN Yaa ached? — Wate rar ar Tee EaTEN [ve tt Ba ¥es CJ No | Toyota 98 ‘Maroon 826GP IN 10 ATSZFISCOWVDS1301 2 Rms ower Ta ‘Sue A Vanderbeck 10303 Baribeau Lane, Indianapolis, IN 46229 Wha Fa oo Indiana State Police Post Dist 51, Pendleton IN NA SaaS Sirs TTT Fea aaa Ca Tem PE Pop Font NA Dyes XINo | D1 Yes No 6460 | 814133 L-Sean Fa ape Tired OR ora WAST NA NA ‘Pease as] HOPE] BIE DateRnroned | OR SS | Agnod OTR Tae TRIER ils CoS aTH ORS ‘Sool Jarvia e7e4 10-03-2010 ARRESTED: i NONE ‘ SUSPECTGS): Sue Ann Vanderbeck i 10303 Baribeau Lane, Indianapolis, IN 46229 ‘TX 317-894-4346 : WE DOB 03-05-1949 SSN SCENE PR IN ‘Scene processing complete by Sgt. Bill Hutton, Indiana State Police and Detective Bd Manning, ‘Henry County Sheriffs Department Page 1 of 12 Case Form INI_08222006INDIANA STATE POLICE, ‘SUPPLEMENTAL CASE REPORT wlio reas Caer 12 5117877 ‘Ora TO tate Cex of Ofose Leaving the Scene of a Fatal Accident 9.26-1-2 IN ‘ie Remenoooraed Bess sis ASSES Officer William Phillips 4664 N CR 300 F, Greenfield, IN 46140 EVIDENCE COLLECTED: 1 Staples brand CD containing audio recording of staternent from Sue Vandrbeck (Jtem 700 PRR 814133) ‘See separate report from Sgt. Hutton and Detective Ed Manning MOTIVI UNK METHOD OF OPERATION (MO): Suspect failed to stop at a fatal accident. ARTICLES TAKEN, IDES, TOTAL VALUES NONE PROPERTY RECOVERED, SEIZED FOR FORFEITURE, VALUE(S), DISPOSITION: NONE WITNESSES: Set. Jimmie Condra, Greenfield Police Department Officer Stephen Kalk, Greenfield Police Department Detective Elmer New, Henry County Sheriffs Department Rick Smith (suspect’s husband) 10303 Baribeau Lane, Indianapolis, IN 46229 1X NARRATIVE: On 09-30-2010 I was contacted by F/Sgt. Ed Davis of the Indiana State Police, Pendleton District. F/Sgt. Davis advised me that he had just received a telephone call from Henry County Sa CREEPS] OT aS Cae SE | Aes ORT ATOR PCY as ORE ORS [ | Scott R Jarvis 6784 10-03-2010 Page 2 of 12 ‘eCase Form INI_03222006INDIANA STATE POLICE ‘SUPPLEMENTAL CASE REPORT Teen Tame ase 12 51-1787 Cae Tete Ceaniy OT Leaving the Scene of a Fatal Accident 9-26-1-2 IN ‘Veen Rametieororaed Business Vins Aare Officer William Phillips 4664 N CR 300 E, Greenfield, IN 46140 Prosecutor Kit Crane advising that he (Crane) had received information regarding a fatal accident that occurred in Henry County Indiana. At the time of telephone call I was aware of the fatal accident only from media coverage and had not been a part of the investigation. The fatal accident occurred on US 40 west of CR 875 West in Henry County at approximately 12:30 AM on 9-30- 2010. After speaking with F/Sgt. Davis Ireceived a telephone call from Mr. Kit Crane. Mr. Crane advised me that I will soon be receiving a telephone call from an attomey name Steven Litz from the Indianapolis area. Mr. Litz had contacted Mr. Crane and advised him that he was represe client who was involved with the fatal accident and wanted to give a statement to the police. Mr. Crane asked me to speak with Mr. Litz and schedule a time to obtain a statement from the client, ‘At approximately 12:39 PM Ireceived a telephone call from Mr, Litz, Mr. Litz advised me that he had a client who was involved in the fatal accident in Henry County and that she wanted to give statement to the police. Mr. Litz advised me that due to his court schedule he would not be able to ‘meet with me until 10:00 AM on the following day, October I". Texpressed to Mr. Litz several times that I would like to speak with his client sooner then that however he advised that it would not be possible, Iexplained to Mr. Litz that I was concerned that officers were still actively investigating this case and I wanted to speak with his client so we could advise the investigators that a suspect had been identified. Mr. Litz then advised me that he would not waste any of the officer's time and that I could notify the investigators that we had located a suspect in this case, Mr. Litz advised me that his client was the person we were looking for. I then asked Mr. Litz if he thought his client would consent to a search of her vehicle for evidence or if Ineeded to prepare a search warrant, Mr. Litz indicated that a search warrant would not be necessary that his client would voluntarily consent to the search. I then asked Mr. Litz if it would be possible for me to impound the vehicle that night instead of waiting until the next day. Mr. Litz then asked me to provide him with a copy of a consent to search form so be could review it with his client and he would find out of the vehicle could be made available to me that night or not. ETRE TTP RS | CST | RG OTT CATE] Bi TTT ORE ‘Scott R Jarvis 6784 10-03-2010 Page 3 of 12, ‘eCase Form INI_03222006INDIANA STATE POLICE ‘SUPPLEMENTAL CASE REPORT seat oars Case 2 51-1787 ‘Cianas 15 Gole Geuny oF Ore Leaving the Scene of a Fatal Accident 9-26-1-2 IN ‘Vein Nanfincarporated Boone Vis AS Officer William Phillips 4664 N CR 300 B, Greenfield, IN 46140 ‘After this conversation with Mr. Litz I spoke over the telephone with Indiana State Police Detective William Dalton of the Indianapolis District. Detective Dalton advised me that he was currently at the Henry County Criminal Investigations Division and had been assisting with the investigation. Detective Dalton was able to advise me that at the time of the accident three Greenfield Police Officers were riding bicycles from Knightstown IN back to Greenfield IN. Mr. Dalton indicated that one of the officers was struck by a vehicle that was traveling westbound on US 40 just west of Knightstown, ‘The officer that was struck died from his injuries and the other two officers were not able to provide a detailed description of the vehicle due to the darkness and their immediate concern was the well being of the cyclist who was struck. I advised Detective Dalton that Thad spoken with Mr. Litz and that a suspect had come forward to him with information about the crash. I advised Detective Dalton that I would meet with him at the Indiana State Police Post in Indianapolis prior to my interview with Mr. Litz’s suspect so I could obtain some of the details that he had regarding this investigation. ‘After speaking with Detective Dalton I was again contacted on my cellular telephone by Mr. Litz, Mr. Litz advised me that his client did not feel comfortable having me impound her vehicle without him (Litz) being there. Mr. Litz again stated that he would not be available until 10:00. AM the following day (10/01). Texpressed to Mr. Litz several times that I wanted to impound the car sooner then that to avoid something happening to it before it was impounded. Mr. Litz stated it was just not going to be possible and Icould impound the car after I met with his client the next day. After speaking with Mr. Litz Tmade telephone contact with Mr. Kit Crane and advised him that I was not going to be able to speek with the suspect in this case until the following day. At that time it was decided that myself and Detective Elmer New of the Henry County Sheriffs Department would ‘conduct the interview with the suspect in this case. On October 1*, 2010 at approximately 10:00 AM Detective New and I met Mr. Litz at his office located at 295 S. Chestnut St., Monrovia IN. Mr. Litz walked us to a back conference room were I observed a white female and a white male who were both seated. ‘The white male was introduced as TERT | TEEPE | ET RT| CSTE RA OER eee CREATE Dae CVO Scott R Jarvis 6784 10-03-2010 Page 4 of 12 ‘eCase Form INI_03222006INDIANA STATE POLICE SUPPLEMENTAL CASE REPORT dene Fos Caiee 12 51-17877 tense Tetoas om Leaving the Scene of a Fatal Accident 9-26-1-2 IN "Visi Namafncororated Bios Veen aa Officer William Phillips 4664 N CR 300 E, Greenfield, IN 46140 Rick Smith (DOB 09-21-1954) and the female was introduced as Sue Ann Vanderbeck (DOB 03-05- 1949). Iwas advised by Mr, Smith that he was the husband of suspect Vanderbeck however she kept her maiden name after their marriage. [noticed that Mrs, Vanderbeck’s eyes were red and bloodshot and it appeared to me that she had been crying. ‘After the introductions were made Mr. Litz advised that he was going to record the interview and T advised him that I would be recording the interview as well. Ladvised Mr. Litz and suspect ‘Vanderbeck that I was going to read her an advice of rights waiver first and then allow her to tell is, what she new about this case. I advised her that after she told us what she knew I would be asking her questions that she could answer if she chose to do so. Once the recording started Mr. Litz indicated that he had reviewed the consent to search form that I provided him and he had one issue with the form. Mr. Litz indicated that he had struck a line from the form. Mfr. Litz indicated that he was concerned with the line that said “ I authorize officers to seize any article of property which they consider evidence.” I explained to Mr. Litz that this line ‘only concemed evidence that could be collected from suspect Vanderbeck's vehicle and not any an all evidence that might be sought out in the future. Mr. Litz, wanted it to be clear that his client was only at this time consenting to the search of her vehicle for evidence. After this short discussion Mr. LLitz gave back to me the consent to search form that I had provided him. He had reviewed the form with suspect Vanderbeck and she signed it consenting to the seizure and search of her vehicle. ‘The following is a summary of the interview with suspect Vanderbeck, a complete transcript of the entire interview will be attached to this report. Tbegan the interview by asking suspect Vanderbeck to explain to me what she wanted to talk about. Suspect Vanderbeck began by stating that she had been at her mother’s house in Cambridge City IN and was driving back to Indianapolis, traveling on US 40. Suspect Vanderbeck stated that she had her three children in the car with her, two of the children were asleep and one child was awake. Suspect Vanderbeck stated that the child that was awake was her four year old son who is, autistic. Suspect Vanderbeck stated that while she was driving she was communicating with her four SETTER] BET SRT] Cae S| RSRCTONET ORE ipa RTP TIS SRT RTH ORE Scott R Janis 6784 10-03-2010 Page 5 of 12 ‘eCase Form INI_03222006INDIANA STATE POLICE ‘SUPPLEMENTAL CASE REPORT Traded Fea Caer ; 12 51-1787 ‘Oiense Tatas Conny oO Leaving the Scene of a Fatal Accident 9-26-12 IN "Vein Naratncamporied Basse Vii Ra Officer William Phillips 4664 NCR 300 B, Greenfield, IN 46140 year old to keep him occupied so he didn’t wake up the two children that were sleeping. Suspect Vanderbeck stated that she went through several small towns and then went through Knightstown ‘and passed the school. Suspect Vanderbeck stated that just outside of Knightstown she was talking to her son , “and just like all of the sudden, I didn’t see em, they were just right there in front of me.” Suspect Vanderbeck stated she didn’t see any lights until she was right on them and she then swerved to the left to try and miss him, Suspect Vanderbeck stated that she thought she was going to miss him but she bumped him and she went on down the road. Suspect Vanderbeck stated that she |was not able to turn around because it was a divided highway and you are not able to see into the median. Suspect Vanderbeck stated that she was crying and had woken up her sleeping children and she was thinking about going back to the scene of the accident. She indicated that she then saw a police car driving east bound on US 40 towards the accident so she decided to keep going since she knew there was help coming, and since she “didn’t hit him that hard.” Suspect Vanderbeck stated that she knew there wes somebody with him and she didn’t think she hit him that hard so she went ‘on home and put the kids to bed, Suspect Vanderbeck stated that she later saw the story on the news describing what had happened and she then didn’t know if she should call the police or not so she called Steve (Litz) and asked him what to do, Suspect Vanderbeck stated that she was driving a maroon Toyota mini van at the time of the accident. Suspect Vanderbeck stated that prior to the accident her and her husband left Cambridge City at the same time, however her husband drove on J-70 so he could get home earlier. Suspect ‘Vanderbeck stated that she does not like to drive on I-70 at night because she can't pull over if the children need something. ‘Suspect Vanderbeck stated that the only people in her van with her were her three children, all of which were seated in the rear of the van. ‘Suspect Vanderbeck stated that at the time of the accident she was driving in the right hand lane of west bound US 40 at approximately 50 mph. L asked suspect Vanderbeck if she knew what she had hit and she said at the time she did not know what it was, but she know it wasn’t a car. Iasked SETS TOT Ea CR ER] RESTORE TS TRENT PE Bs ETT ORT Scott A Jarvis 6784 10-03-2010 Page 6 of 12, ‘eCase Form INL_03222006INDIANA STATE POLICE SUPPLEMENTAL CASE REPORT eioni¥ Fou caer 2 51-17877 ‘oiaree Team Say oH Leaving the Scene of a Fatal Accident 9.26-1-2 IN "itn Namaacopraed Bases Tas Rarer Officer William Phillips 4664 N CR 300 E, Greenfield, IN 46140 suspect Vanderbeck, “what ever it was that you stuck, do you know how many of them there were?” Suspect Vanderbeck stated that at the time she did not know but she does know now after seeing it on the news. She did state that she knew that there was more then one. Suspect Vanderbeck again stated that she did not hit “it” very hard but she stated that she did sce damage to her windshield and when she got home she saw damage to her tum signal lens. Inext asked suspect Vanderbeck how soon after the accident it was when she saw the police car traveling east bound on US 40. She indicated that she was not sure of the distance but she had not yot found a place to turn around when she saw the car police car. I asked her if the police car had its lights and sirens activated when she saw it and she stated that its lights were on but she did not hear ‘and siren and didn’t know if it was on or not. Suspect Vanderbeck stated that there was a large number of cross-overs in the median however it was dark and she could not see them. Suspect Vanderbeck stated that prior to the accident she was singing and working with her autistic son who was in the back seat. She indicated that she was looking back at him a lot while she was driving. [asked her if she remembered if she was looking back at him just prior to the accident and she indicated that she could not remember. Ithen asked suspect Vanderbeck if immediately following the accident she thought that it could have been a person on a bicycle that she struck and she stated “I guess, I don’t know, it wasn’t a car T ‘knew that, I didn’t think it was a deer.” Detective New then asked suspect Vanderbeck if she thought it was an animal that she struck and she said that she did not think it was an animal. then spoke with suspect Vanderbeck about the location of the victim at the time that he was struck. Suspect Vanderbeck stated that she was traveling in the right hand land (northern most lane) of US 40 between the fog line and the dashed lane divider line. She indicated that the victim was near the dashed Jane divider line in the center of the road when she struck him. She indicated that as soon as she saw him in the roadway she swerved towards the median traveling into the passing lane (left lane) of westbound US 40, Suspect Vanderbeck stated that she did not have time to apply her TERA | DESPE| BS CRT CaaS | Tena a Scott R Jarvis Page 7 of 12 Te eE ORT 6784 10-03-2010 ‘eCase Form INI_03222006INDIANA STATE POLICE SUPPLEMENTAL CASE REPORT Tan Toe CaF 2 51-1787 ‘Biase Tease Coury af ens Leaving the Scene of a Fatal Accident 9-26-1-2, IN ‘Viet Namnatncspoaied Business Veins Ries Officer William Phillips 4664 N CR 300 E, Greenfield, IN 46140 brakes prior to striking the victim. She indicated that she went part way into the median trying to avoid the collision and after the collision she continued on west bound, on US 40. Suspect Vanderbeck stated that she could not remember how far she had driven when she saw the police responding to the scene. Suspect Vanderbeck stated that she did not stop anywhere prior arriving at her home in Indianapolis. asked suspect Vanderbeck if she had a cellular telephone with her that night and she stated that she did indeed have a phone with her. I then asked suspect Vanderbeck if she made any telephone calls after the accident and she stated that she did not, indicating that she could not drive and talk on the phone at the same time. ‘Suspect Vanderbeck stated that she drove on US 40 to Cumberland Road and then traveled north on Cumberland Road. She then took Cumberland Road to 21* St. and traveled west on 21% St. ‘turning into her housing addition which is north off of 21° St between Cumberland Road and Post Road. Tasked suspect Vanderbeck if she told her husband about the accident when she got home or the following morning and she stated she told him right away and she asked him what to do. Suspect ‘Vanderbeck stated that she parked the van in her driveway and it hasn’t been moved since she got home immediately following the accident. She indicated that the only thing that was done to the vehicle was that the car seats were removed from the inside. I asked her if the vehicle had been washed and she stated that hit had not been. Inext asked suspect Vanderbeck when she first realized that an officer had been struck and killed onabicycle and she first stated that she looked it up on the news in the middle of the night. At that time her husband Rick Smith stated that it was not in the middle of the night that it was early the next moming and they saw it on the news. Lasked suspect Vanderbeck if she contacted her attorney before or after she saw the news and she stated that she didn’t remember. She had looked up his number and knew that he wouldn’t be in the office that early in the morning but she called and left him amessage. Lasked suspect Vanderbeck if at the time she saw the news she realized that she was OTE | BTR] BE Raed | Cae Ba | nad TTS GE OTE TS CCT ORT Scott R Janis e784 10-03-2010 Page 8 of 12 ‘eCase Form INI_03222006INDIANA STATE POLICE. SUPPLEMENTAL CASE REPORT Tasso F Tone Caer 2 51-1787 ‘Ohana 16. Cais ‘Coury ator Leaving the Scene of a Fatal Accident 9-26-1-2, IN Vitis Naretneororied Banos Vins arose Officer William Phillips 4664 N CR 300 B, Greenfield, IN 46140 the one that had struck that person and she stated that she was hoping that she wasn’t the one who caused that accident. However she realized it was at the same location and about the same time. T then stated that at the time of the accident she didn’t think she had hit anything hard enough. She interrupted me saying no, that she had swerved to avoid the crash, and later she looked at the van and it didn’t look bad. Tthen asked her what damage she observed on her van and she stated that there was damage on the front right tur signal light and on the right edge of the windshield. Inext began speaking with suspect Vanderbeck about what her day was like prior to the accident. She indicated that she woke up around 7:30 AM on that Wednesday morning, and that her son went to pre-school for special education. She stated that after pre-school there is a teenager that comes to house to help with the kids until 5:00 PM. Ispoke with suspect Vanderbeck about how often she drives to and from Cambridge City and she indicated that sometimes it is daily, it just depends on what needs done at the house. I asked suspect Vanderbeck if it was common for her to drive home that late at night and she said sometimes she did. I asked suspect Vanderbeck if she had concerns about driving home that late that night and she told me she did not. She went on to tell me that she had a nap that day and she felt more rested then she normally does. Inext spoke with suspect Vanderbeck about any medications that she was taking the day of the accident and she told me that she is prescribed and takes Prozac, She indicated that she has been taking it for years and was taking her normal dosage the day of the accident, Suspect Vanderbeck stated that the Prozac does not affect her ability to drive. I asked suspect Vanderbeck if at the time of the accident she was under the influence of any other drugs, alcohol, or anything else that would have altered her state of mind and she said she was not. Suspect Vanderbeck stated that if she did not feel safe to drive that night she would have stayed all night in Cambridge City, as she has done in the past. Detective New then asked suspect Vanderbeck if she made any telephone calls after the accident while she was driving and she stated that she had a phone with her but she did not call anyone. STE | OTF |e | Fp ORT Tae a ‘Scott R Jarvis 6784 10-03-2010 Page 9 of 12 ‘eCase Form INL_03222006INDIANA STATE POLICE ‘SUPPLEMENTAL CASE REPORT ase Fors Carer : 12 5117877 Giene 16 Gaae County a ere Leaving the Scene of a Fatal Accident 9-26-1-2 IN ‘Vi Namrearporaed Business Vics Aaa Officer William Phillips 4664 N CR 300 E, Greenfield, IN 46140 next spoke with suspect Vanderbeck about any prior automobile accidents that she was involved in. She indicated that her and her busband hit a deer once. She advised me that one time she slid off of the road on I-70. She stated that she ran over a board one time, and finally she told me that she hit a dog one time. [asked Mrs. Vanderbeck if the police were notified in her previous accidents. She indicated that the State Police came to the accident on I-70. She indicated that when she was younger she was in an accident and called the State Police. 1 asked her if she knew that she had an obligation to call the police after being involved in an accident and she answered that she was ‘aware of that, [then asked her how she reacted after the accidents she had previously been involved in. [asked her if she was crying and distraught when she ran over the board like she cried and was distraught after this accident and she said she did not react that way in the past. Tasked Vanderbeck if she spoke to anyone about this accident other the people currently present in the room and she stated that she had not. Detective New then asked suspect Vanderbeck what she saw at the scene at the time of the accident. Suspect Vanderbeck stated that there was a “thing” right in front of her. She then stated that there was more then on “thing”. She was asked if she new what it was that she struck and she said she wasn’t for sure. Detective New then asked her if at any point in time she thought that what she struck was a person and she stated that she thought it was but she was not for sure, She then stated that she thought there was more then one person there, Detective New then asked suspect “Vanderbeck if she called the police when she got home and she stated that she did not. She said she talked to her husband and then they contacted Mr. Litz. Tthen asked suspect Vanderbeck if she was employed or not and she told me that she had been a znurse but was no longer employed. She indicated that she worked at Methodist Hospital in the critical care unit for over 17 years. She stated that she worked on the Pulmonaty floor the rest of the time, Tthen asked suspect Vanderbeck if she would have turned around and gone back to the scene had she not seen the police car coming the other way. She stated had she not seen the police car ‘coming she would have tumed around and went back. She stated that she hit a dog one time and did SOTA | OTTFE] CHR TERT | Cae at | RRS ORT Tans TERT OETA | Das CoRR OT | Scott R Jarvis 6784 10-03-2010 Page 10 of 12 ‘eCase Form INI_03222006INDIANA STATE POLICE SUPPLEMENTAL CASE REPORT Taaon Wee oaew 2 51-1787 oh Te Caie Tey ef Oar Leaving the Scene of a Fatal Accident 9-26-1-2, IN Vitis Namdincopaaied Business Vets ress Officer William Phillips 4664 N CR 300 E, Greenfield, IN 46140 not initially know what it was so she went back and looked all over for it.I stated to her that she had intended on stopping and she agreed stating that she knew that somebody else was going to be there so she didn’t stop. She stated that once she got home and saw the amount of damage on her car she didn’t think the accident was that bad. asked suspect Vanderbeck if she saw the impact with the victim and she stated that she did not. ‘She stated that she heard an impact as she was swerving and then she noticed the damage to her windshield. She stated she knew that she did physically run over anything. Tasked suspect Vanderbeck if she looked back in her mirror after the accident and if so, did she see any lights or reflectors or anything. She stated that she did not and again she stated that she didn’t see anything when she came up on them, Inext asked suspect Vanderbeck if she had ever stopped at an accident scene before and ‘provided aid to people since she was a nurse. Suspect Vanderbeck indicated that she has in the past stopped at accident scenes and provided aid. She also stated that she had to perform CPR on her mother. At the conclusion of the interview I asked suspect Vanderbeck if she had any questions and she asked what was going to happen next. explained to her that she was not going to be arrested that Gay and that the police reports generated as a result of this investigation, as well as a transcript of, this interview, were going to be forwarded to the Henry County Prosecutors Office for review. I advised her that if and when an arrest warrant was issued for her I would be in contact with her attomey to make arrangements for her to tum herself in. I then advised her that after the interview we were going to go to her residence and have her vehicle towed to the Indiana State Police Post in Pendleton so it can be processed. At that point the interview was concluded and Detective New and Left the office of Mr. Litz. ‘After leaving the office of Mr. Litz I made telephone contact with Trp Bill Dalton again. Trp Dalton indicated that he would contact personnel from the Indiana State Police garage in Indianapolis and have an Indiana State Police wrecker transport the vehicle to the Pendleton Post. TR TE RFE | STITT ‘Scott F Jarvis 6784 10-03-2010 Page 11 of 12 Case Form INI. 03222006INDIANA STATE POLICE, ‘SUPPLEMENTAL CASE REPORT nae Tews cane 12 117877 nae oxo Cori atOTaRES Leaving the Scene of a Fatal Accident 9-26-1-2 IN "Vetin Namrnsorpriod Buses Vis Rose Officer William Phillips 4664 N CR 300 B, Greenfield, IN 46140 Detective Dalton escorted the vehicle to the Indiana State Police Post in Pendleton and the vehicle was secured in the garage. Crime scene tape was erected around the vehicle and later that day it was processed by Indiana State Police Sgt. Bill Hutton and Henry County Sheriffs Deputy Ed Manning. “Those two officers will complete reports documenting the processing of the vehicle and all evidence that was collected. After the vehicle was processed I removed the license plate from the vehicle and locked it inside of the vehicle in order to protect the identity of suspect Vanderbeck until criminal charges are filed. I also covered the VIN tag in the dash of the vehicle. The vehicle is being held at the Indiana State Police Post in Pendleton until Prosecutor Kit Crane authorizes its release back to suspect Vanderbeck. A typed transcript of the interview with suspect Vanderbeck will be attached t0 this report ‘An audio recording of the interview was placed onto a compact disk and placed into evidence storage at the Indiana State Police Post in Pendleton, A.copy of the automobile insurance information for the vehicle that suspect Vanderbeck was driving at the time of the accident was provided to me by Mr, Litz. This information will be attached to this report. ADDITIONAL LEADS TO BE INVESTIGATED: NONE, NCIC and/or IDACS ENTRIES: NONE ATTACHMENTS: ‘Typed transcript of interview with suspect Vanderbeck (62 pages) Copy of PRR 814133 (1 page) Copy of consent to search form (1 page) Copy of advice of rights waiver (1 page) Copy of vehicle insurance card (1 page) TE | DORE TST RSE | TSA | TRAIT Te Tied BGPSPE ie ORTOCTT OST Scott R Jervis 6784 10-03-2010 Page 12 of 12 ‘eCase Form INI_03222006ADVICE OF RIGHTS - INTERROGATION Peoria wad, To Date { @ mime JOOS A.m. Department. YOUR RIGHTS Before we ask you any questions, you must understand your rights. You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions and to have him with you during questioning. If you cannot afford a lawyer, one will be appointed for you before questioning if you wish. If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer. If you are a juvenile, you have the right to talk with your parent or guardian before any questioning and to have them with you during such questioning. OF RIGHT: yh wai mus! si £ ii I have read this statement of my rights and I understand what ny rights are. I am willing to make a statement and answer questions. I do not want a lawyer at this time. I understand and know what I am doing. No promises or threats have been made to me and no pressure or coercion of any kind has been, used aga me. ‘ye hea As parent or legal guardian of ot have read the juvenile's rights as set out above and understand them. Neither the juvenile nor I want a lawyer at this time and the juvenile is willing to answer questions. Signed set Witness: eal ieee nn Witness: Signed Date aussie 2 Time _M. #5100 State Form 39329/R 6/92CONSENT 10 SEARCH Location pate (Oy [yh wime Officer = Department YOUR RIGHTS Nou have the following constitutional rights. You have the right to require that a search warrant be obtained before any search of your property. You have the right to refuse to consent to warrantless search. You have the right to talk to a lawyer before giving consent to such a search. If you cannot afford a lawyer, one will be appointed for you. If you axe a juvenile, you have the right to talk with your parent ‘or guardian before any consent to such a search. WAIVER AND_CONSENT: cor be ed x have read the statement of my rights and understand what my rights are. Ido not want a lawyer at this time. I-consent toa warrantless search by officers of 1S liana State Police of the following described property: OPO Sienas, Tocated at __jo305 Bari feow zs ieee TTT I understand and know what I am doing. No promises or threats have een made to me and no pressure or coercion of any kind has been used against me. signed J Loateale ck As parent or legal guardian of ,. T have ‘read the juvenile's rights and my rights set out above ‘and understand them. Neither the juvenile nor I want a lawyer at this time. - The juvenile and I consent to the warrantless search of pur property by _. officers of the Indiana State Police. 1 authorize the officers to search the following described property: Tocated at . Ee further authorize the officers to seize any article of property which they consider evidence. I ‘understand and know what I am doing. No promises or threats have been made to me and no pressure or coercion of any kind has been used against me. . dees teased Witness: Shon Cu witness: hates cr fp mime ™@ INDIANA STATE POLICE PROPERTY RECORD AND RECEIPT conreorno, 814133 ‘For 2364 (R2/ 61 eaiaimaagrecer es STOTT mle Net scott (L s\atv.s _EGist Pere Z ) pee Ee a ot Yet cod IAs \afvet & L Perm [ images \O-1-1 Loo Ais) Suc Viwderlon om | re a “Noss Monfovin, To Maan New Kear [omens ie Nosbu tons —Cositanin cube eer envelofie curtdarn Ee Wand EN. ediadasy 08 Sierra San Sos Vora ‘OR REGIONAL TAB, CODES: sores oR Released *D: Dastinved °T: Transfewed —S: Stored SS: State Sale (Remarks or witness required.)ouvnuoun somanOO-THOLOY os BOK EASY Aa wopgicerly Auruayn aoveo Ausadeaasinend a EavedIndiana State Police TAPED STATEMENT TRANSCRIPT 9022 S. SR 67 Pendiston, EN 46064 Case Number: ‘SAF17877 Leaving Scene of Fatal Accident Sue Ann Vanderbeck ‘Statement taken by Det. Scott R Jarvis Date of Statement: 10/01/2010 ‘This is Detective Scott Jarvis, Indiana State Police, 10:01 AM on Friday October the 1%, 2010. We're present at the Law Office of Steve Litz, Monrovia Indiana. Present in the room are myself, Detective Scott Jarvis, Detective Elmer New of the Henry County Sheriff's Department, uh, Attomey Steve Litz, uh, Rick Smith and Sue Vanderbeck. Um, we've been called here to meet, I've been contacted by Attomey Litz, we've been called here to meet with Sue Vanderbeck, um, in relationship to the, she possibly has information concerning a fatal accident occurred on US 40 in Henry County Indiana. haven't spoken with Mrs. Vanderbeck or Mr. Smith uh, prior to this, prior to this, meeting, so before we get started, um, I've got an Advice of Rights waiver that I would like here, um, JARVIS: Can you read and write ma'am? VANDERBECK: Yes. JARVIS: Ok. I’m going to provide you with a copy of that just to read along. I’m going to read this out loud um, if there’s anything you don’t understand, um, stop me and Pll explain it to you um, otherLITZ: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: than that you can read along, we'll get through this one. The location, is it 209 8. Chestnut? 295, 295 South Chestnut Monrovia. Ok under the top portion it’s labeled your rights, Before we ask you any questions you must understand your rights. You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions and have him with you during questioning. If you cannot afford a lawyer one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present you will still have a right to stop answering at any time. ‘You also have the right to stop answering. at any time until you talk to a lawyer. ‘The next section there is for a juvenile, which does not apply here. Below that under the waiver of rights it says I read this statement of my rights and T understand what my rights are. I’m willing to make a statement and answer questions, I don’t want a lawyer at this time. I understand that know what I am doing. No promises of threats hhave been made to me. No pressure or coercion of any kind has been used against me. Um, do you understand all of that? Yes. ‘You understand what coercion is? Yes. Ok.LITZ: \VANDERBECK: LITZ: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: JARVIS: JARVIS: Sue, if you could try and speak up, Ok. Since we are all recording this. Ok. Ok. This one I filled out here, it’s got an x-mark there. If you would be able to sign that, that’s the same form that I presented to you. ‘This is Tdo not want a lawyer at this time, but Ihave a lawyer. ‘You have a lawyer yes and that’s, ‘That’s OK? ‘Yeah, that’s alright. So I just sign this? Yeah, Elmer, can you sign that as a witness? Alright, um, Sue, think to get started um, probably the easiest way to handle this is to, I’m sure you’ ve had time to think about what were going to discuss today and I'll just give you theopportunity to kind of start from the beginning and explain to me what we're here to talk about and then once, once we're done with that if we’ve got some questions um, then if you, if you want to answer those questions you can. Um, I would like to start off just thanking you for getting a hold of us. It’s not very often that in situations where things like this happen that we, you know we to ‘have to do a lot of chasing people around and stuff so, you know, I just, you know, you know it says a lot that, what kind of person you are, that fact that you've, you've come here at least to do it, to talk about this with us so I just wanted to start off by thanking you, so, Um, like he said, Mr. Litz said, kind of speak up so we, everybody can here this so there’s not questions in future about, about what was said, so hopefully we can do this one time and get done with it so if you want to go ahead and get started um, what ‘were here to talk about and like I said if we have some questions we'll, we'll ask you those later on. ‘Um, before we get to that as T indicated before the tape went on, ‘Trooper Jarvis and Detective New, I wanted to make it clear that as a result of what as already been on the news last night and this morning um, I talked to Kit Crane, ob, probably an hour ago, um, expressed my concern to him about members of the police releasing information to the media. Um, once the charges are filed, you know then its public record but um, until there are charges filed what I told Mr. Crane is that I simply was not going to put um, my client in the position of being hounded by the press for something that hasn’t even been charged yet. Um, and he assured me uh, that he would speak to you directly Trooper Jarvis and then he told me that he would speak to the Sheriff of Henry County who would then relay the message to Detective New that as far as this interview is concerned um, there is to be no release ofJARVIS: LITZ: NEW: LIZ: JARVIS: LITZ: JARVIS: identity, of Sue or her husband’s identifying information to anybody, um, other than the Prosecutor. That was the understanding that we had, um, and so 1 would just like you ‘gentleman to confirm that that is an accurate understanding, ‘Yes, uh, Thad that conversation with uh, Prosecutor Crane and I, me, I did call my supervisor to tell them that that was the agreement made so that they could expect that I won’t be. discussing the case even with them once we, once we leave here, 80, Great and the same thing with you Detective New. ‘Yes, Ihad a conversation with Sheriff Baker and he advised me that P’m not to release any information. Fine. Ok. Um, then just two other things that I will let you take over and Sue can answer any questions, the first thing I got is a copy of her insurance card, Ok For each of you. Ok. ‘The insurance company has not been notified yet. Iwill be doing that this morning, um, that in the scheme of things it’s an insignificant matter but of course the family at some point is going to want to know that. And then the other thing that I filled outJARVIS: LITZ: JARVIS: LITZ: JARVIS: JARVIS: LITZ: JARVIS: after you e-mailed to me, Trooper Jarvis, was the consent to search so that you can get the Sienna. Yes. Um, and I have, and Sue, if you want her to sign again she will, P've already filled it out, she signed it, the only thing that I struck from this because you and Ihad talked about you getting a car and there’s a provision in the waiver form that I have blacked out that authorize you to seize any property which you might consider evidence and so the consent will be to seize the Toyota Sienna. Correct and I think that’s, that, I, Tunderstand your concern that's fine, I think the way that is worded, is once we collect the Sienna any portion of the Sienna that seize, the consent is strictly based on the Sienna, Right. ‘Once we get the Sienna anything on or about he Sienna we feel is evidence is, Understood, Yeah, yeah, that’s not, not allowing us to go to her house or obtain any other evidence at this point, so. Right, ok, so there's that and that’s signed, dated and I witnesses that as well. Ok.LINZ: LITZ: NEW: LIZ: UNKNOWN: LITZ: LITZ: LITZ: Ok, so Sue go ahead. Can | ask one question first? Oh of course, If you don't mind, are we going to be given any personal information of hers, such as address, date of birth and things like that, ‘Yes. Correct. You, yes, you are, Ok And, and that was the understanding with the Prosecutor that those are the kinds of things, at least for, tll the charges are filed stay here. Tunderstand that, we just technically haven't identified her yet, Oh yes, ‘Would we identify her, Absolutely,NEW: JARVIS: LITZ: JARVIS: VANDERBECK: LITZ: VANDERBECK: LITZ: VANDERBECK: LITZ: JARV! VANDERBECK: JARVIS: VANDERBECK: JARVIS: I didn’t know at what point you were going to do that, but Ok, that hasn't been done yet so, If we, if you don’t mind we start with that? Sure. And then, Ok. Sue, you said your name is Sue and your middle name was Ann? Uh buh, Is your legal first name Sue? Yes. Oris it Suzanne, No it’s Sue Ann, Itis Sue, ok, Sue Ann, ok. And ub, ‘Two words. Ok, and what is your date of birth ma'am? 35-49, And your social security number?VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: JARVIS: VANDERBECK: And your address? 10303 Baribeau, B as in Boy, A-R-I-B-E-A-U Lane Indianapolis, ‘And do you have a telephone number, a home phone number, Yeah, it’s Is there anything else you need Detective? Nope, I don’t think so. Alright, Ok, we're through that portion so if you want to go ahead and explain to us what you’ ve come here to talk to us about today. I was coming back to Indianapolis from my mother’s house. We ‘were each driving separate cars, so, Thad the kids with me in the van and I was driving back on US 40 and the baby, I, the baby was asleep by then, but Jonah was still awake, he’s my 4 year old and I ‘was trying to talk to him and do his, he’s autistic so I was trying to ‘work with him with his speech stuff and keep him from waking the babies up while I was driving home and I went through all those itde towns and went through Knightstown and uh, we came out of Knightstown, I passed the school in Knightstown and then a littleJARVIS: VANDERBECK: JARVIS: VANDERBECK: ways down the road, I was talking to Jonah, and then it was just like all of sudden { didn’t see them, they were just right there in front of me. [didn’t see any, any lights until T was right on them and I swerved around to, to the left to try and miss him, and I thought I was going to miss him and then I, [just bumped him and ‘Twent on down the road. And it was so dark out and I couldn’t, there’s no place to tum around because it’s a divided highway until you get to a road because you can’t see where your going in the median and I slowed up and I saw another policeman coming the other way on the other side of the highway, I was already, the kids were awake, I was crying, I was gonna go back, and I thought (in audible) but when I didn’t think I hit him very hard, and I knew someone was going to be there so I, get home, and that’s (in audible) with the kids (in audible), and I didn’t think he was hurt that bad, (In audible) I didn’t think I hit him very much, I didn’t know who all was, there was somebody else there with him, but I didn’t until I saw the news all about it. And then 1 got home and got the kids in bed. (In audible)... the news and saw it. I didn’t know what to do, I didn’t know whether to call the police or who tocall. Ididn’t know who to call. ‘Ok, do you, do you need to take a break, that’s fine. So I waited, so I called Stove and asked him what do. Mr. Litz, and that’s what I did. Ok. Did, kind of go back to clear some things up, you said that ‘you were coming from your mother’s house? Yes 10JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: UNKNOWN: ‘VANDERBECK: JARVIS: Where is does your, where does your mother live? ‘My mother died a year and a half ago, her house is in Cambridge, Ok, so you were just, is there somebody that lives in the house, were you just there checking on it or, No, we take care of it. Ok. Ok, so you was in Cambridge City, Because Rick was over there to. Ok, He had gone over earlier that day because his business is over there. ‘Ok. And J, so you, what time did you leave Cambridge City that evening? T'm not sure around midnight. ‘Around midnight you left Cambridge? ‘Tt was later than that because [helped get the kids out. Maybe a quarter after or something, So around, around midnight, i‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: It was at least midnight or later. ‘And this would have been Wednesday night into Thursday morning, is that, is that correct. Yeah, “This would have been late on the 29" and into the 30" around there, around midnight to alittle bit after midnight of September ‘Ok, so you left Cambridge City and how many children did you have in your car? Three, ‘Three ‘Twins, 14 months old, there not, there 15 months old, Ok, ‘Then Ihad a4 year old. Ok. And what um, what kind of car did you say you were driving? It’s kind of red, maroon van, It's a Toyota, Toyota, 12JARVIS: SMITH: JARVIS: ‘SMITH: JARVIS: VANDERBECK: ‘SMITH: VANDERBECK: SMITH: JARVIS: ‘SMITH: JARVIS: SMITH: Is ita minivan or a full size van, or kind of a SUV. Sliding doors on it. It's 298 Sienna, Minivan, ‘That's what I call it. Ok. And] think if understood you right, did you say there was somebody else, did you say there was somebody following you or with you? No. ‘Ok, ok, [must have miss-heard that. Rick was driving... Ttook the Element . our other car back, Idid get on 70 going back, Ok, so you guys, did you both leave at the same time or, Yeah Ok, Left at the same time, yeah, 3JARVIS: SMITH: VANDERBECK: JARVIS: NEW: JARVIS: NEW: ‘SMITH: SMITH: JARVIS: Ok and you got on 70, ‘Yeah, I took 70 so I could go a little earlier and get stuff ready for the kids, I don’t like to drive at night on 70 with the kids by myself, I can’t pull over if I need to or anything. understand that, Can [ ask a question real quick, Yes, What year is your Toyota van? 98 Ibelieve. Ibelicve it’s a 98. Approximately a 98. I think so, Ok. Td have to look at the insurance, was going to see it might be on this. Ok. 4JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: ‘Yeah, 98. Ok, so around, sometime around 12:00, maybe a little bit after, maybe 12:15 you left Cambridge, you traveled on US 40 towards Indianapolis to go hone, did, had you stopped anywhere from Cambridge City? Just the stop lights. But you didn’t stop to get gas or get anything to eat or nothing like that? Ohno, Ok. [just wanted the Kids to stay asleep. Ok. So, the twins, were they sleeping? Yeah, ‘And then you said you've got a child that’s autistic that was, Four, Four, Tust a baby. Ok, where was he seated at? In a car seat in the back.JARVIS: VANDERBECK: JARVIS: SMITH: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: In a car seat in the back, In the middle car seat. Ok. ‘Three seats across. So there wasn’t, he wasn’t sitting beside you up front on the passenger side, Uh, no. Ok. So, you're, you're coming through 40, coming through, you go through Dunreith, Straughn, and Knightstown, all those lite towns and you said this occurred it would be west, you were traveling west on 40, uh, in the right hand lane of US 40, Yes, Ok, you had passed Yes, ‘You passed the new school that was on the left, Yes, Ok, do you remember how far past the school you were? 16VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: \VANDERBECK: JARVIS: Not exactly, Ldon’t know mileage very well but I was out of the speed zone for the school, Tknow that, So how, how fast would you guess you were driving? Twas going about 50. About 50 miles pet hour, Ok, you were going 50 miles per hour in the right hand lane and what's the, what's the first thing that you saw that kind of made you realize you know the roadway was obstructed? Did you see a light, a helmet, a bicycle, uh, No, I didn’t see any lights, it was dark, it was right in front of me, Ok. When you say it was, It was dark, Tunderstand. When you say it was right in front of you, ‘What Ihit, Ok, do you know, T guess, Ok, at the time did you know what that was that you hit? Not for sure, I know it wasn’t a car. ‘You knew it wasn’t a car. 17VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘Yeah. (Ok, whatever, whatever it was that you saw that you struck, was there, was there more than one of them, was there several of them, or do you know? I wasn’t sure at the time, I know now after seeing the news but I knew that there was more than one. But at the time you don’t know, I didn’t know then till T saw it on the news how many there were but I didn’t see anybody else. Ok. And you said that you don’t feel like, you know what part of ‘your vehicle, you said you didn’t hit it very hard, know what part hit, it was just the windshield on the very edge and uh, and [looked at it when I got home and it was the turn light on the front and that was it. So like up on the front comer on the passenger side? Teub, it wasn’t even a headlight, it was just the, ‘Tum signal on the side, ‘Tum signal on the side, Ok. 18VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘That’s why I thought it wasn’t that bad. Ok. The, the police officer that you saw coming the other way, how far after you struck was that, do you remember? T’'m not sure but I hadn’t found a place to tum around to go back. Was he driving with bis lights and siren thing going fast like, or do you remember? His lights were on. Ok. Idon’t know if I heard a siren or not. Ok. (In audible) Ok, and did you pay enough attention, did you know if that was, Lhave no (in audible) A deputy’ car, (in audible) I couldn't tell. But you, 19VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: Iwas crying, I couldn’t tell what it was, I just know it was a police car with the lights going. ‘And you said at that point, you hadn't found a place to turn around yet then at that point you realized, ‘There’s a lot of little, those things to turn around, ‘Crossover But you can’t see them at night. Right, ‘You know you don’t know if your driving in the median or on one of those, nothings lit up so, and T gotten to a road to turn, Ok, so you had the intentions of turning around until you, you saw that somebody else was going that could provide help, ‘Yeah, Ok, ‘The kids were screaming, ‘Were they awake at that time? ‘They were awake. Did the, did the sound or, of an impact, did that wake them up or, 20VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: I think I woke them up. Did you scream? Lwas crying, Ok. Jonah he’s bad about waking them up anyway. Ok, He’s always waking the twins up. Ok. ‘That's why I was trying to keep him busy so he wouldn’t wake them up because he has trouble with autism, and getting him to sleep. Ok. (dn audible) How, the steps you were taking, you said you were working with him and kind of trying to keep him awake and help keep him, wasn’t trying to keep him awake, ‘Or keep him (in audible), 24VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘Trying to keep him from waking, ‘Waking the other kids up, Keep him occupied. Were you asking questions or singing songs or did you have, We were singing songs and practicing words, we have a program, an educational thing for bim to learn to speak better, Ok, and was your attention, you was kind of focused, was you looking back at him a lot or was he focused more forward or was your, Twas looking back at him a lot. Ok. Just to make sure there Ok. Ok. know, I know a lot of the, alot of details are sketchy but in your mind it’s obviously a traumatic event but um, prior to you striking this individual have you, have you been, do you remember had you looked back and just turned around and he was there or had you been watching forward for awhile? Or do you remember? not sure. And if you don’t remember that’s 22VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: JARVIS: VANDERBECK: Idon't know, ‘That’s fine, don’t want to go out, we don’t want you to say anything that’s, Tdon’t know. Speculation or anything like that. Did you, I know you said you didn’t know for certain what it was you struck immediately um, did you, did you think at that point, you said you was concerned about getting tured around, did you think it could have been a person that you struck on a bicycle or, was that your initial thought? guess, I don’t know, it wasn’t a car, I knew that. Ok. It wasn’t, I didn’t think it was a deer but I hit a deer once on that road. But you, you wasn’t certain what it was and you don’t know how many, you don’t know, now that we know there was people on bicycles, Iknow now but, ‘You didn’t, I didn't know then,JARVIS: \VANDERBECK: JARVIS: VANDERBECK: JARVIS: SMITH: JARVIS: VANDERBECK: NEW: VANDERBECK: NEW: VANDERBECK: Know how many of them there were? No. Why would you ride a bike in the middle of the road? (Crying) Oh, God, Pm sorry. I'm sorry. ‘You'te alright, like I said if you need to take a break, get a drink No. Or anything like that, Can J clarify an answer she just gave? Yeah, ‘You said you, you said something about a deer, did you say you did or didn’t think you hit a deer? Thit a deer years ago. Yeah, ‘About three years ago on that road, Before you said that you said, you did or didn’t think it was a deer? Ididn’t understand what you were, Oh know, [didn’t think it was a, no, I didn’t think it was a deer, I didn’t know what it was I just knew it wasn’t a car. ozNEW: ‘VANDERBECK: NEW: JARVIS: ‘VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: Ok. But you pretty much knew it wasn’t an animal? Or you don’t? T'm not real sure on your answer there, so (in audible) I didn’t think it was an animal Ok. Go ahead. Um, if you've got anything else, like I said we'll get through this. Um, you, you made the comment a moment ago that why would anybody be riding in the middle of the road which is obviously one of the questions that we have as well, so help get answered, in that portion of 40, I believe and I don’t know exactly where this took place at because I wasn’t out there that night but there's ub, there's white fog line and there’s two lanes that are divided by a dash. line and there's a grass median and there’s lanes on the other side. Um, were you, I assuming you were driving between the fog line and the, in your, in your lane of travel on the right hand, ‘What do you call the fog line? The white, The middie line? No, the white Jine on the right hand side, Oh yea, ‘The white solid line that’s, Yea, 25JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: We call ita fog line but the white solid line on the right hand side of the road which would be over on the passenger side, Yea, I wasn’t off the road, Ok, so you was, you was within your lane of travel, Yea, How far, how far between the fog line and the, and the dash line of your lane, you know what I’m talking about on the left, Um hub, ‘How far over would you say his bicycle was, I mean was he right against the white line or was he in the middle of that lane or was he close to the, He, he was, no he was over closer to the, the, what you call the line down the middle, ‘The dash, ‘The dashes, ‘The dash line that would have been on your, ‘Yea, On your left side, 26VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: Yea, he wasn't on the edge of the road where I swerved out and hit him or something, because I swerved the other way to try to miss him, Ok, so at the time you started to swerve towards the, the left into the left lane, To the median, towards the median, Ok, towards the median, how far, how far over would you say you were when you, when you struck, I mean did you just start to turn. or had, was you like halfway in the lane, No, I was over, because I even went out a little ways into just the median, Ok, so you was, when you actually struck him you were in the, more in the little or more in the left lane that you were in the, T was in, yes, cause Txemember going over under the grass of the median, Ok. Ok, did you ub, have time to hit your brakes, was there any, No, No brake marks or your brakes didn’t lock up No, 27JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: Or skid or nothing like that, No, So you just, He was tight in front of me, it was just, [don’t know, it seemed like I could swerve around, it seemed to be easier than stopping, Uh huh, So at the, at the time of the impact you were into the left and almost into the median Yes, (Ok and then you, you continued on westbound um, and you think it was before you got to another cross road that you saw a, a police car? Pm not, Yea, I'm not real sure but I didn’t see a cross road. Ok. kind of know that road, Ok. I’ve driven it a while. Ok. Do you know you're pretty close to the, do you know where the county lines at? 28VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: Yea, Had you crossed into the county line where you saw the police car or where you still in Henry County, ‘Umm, I don’t think Ihad, no, there’s a sign on the right, the county and there’s uh, there"s houses of garage sales along there, Ok. (In audible) How fast were you traveling when you saw the police c: Probably 45. ‘You had slowed down a little bit. Yea, after, ‘And you didn’t, you didn't stop any time. When's the first ime you, put on the brakes to slow down, Ok but when’s the next you came to a stop anywhere, like at a stop sign or did you stop to tun around where, come, come to stop to turn around or did you just continue on? ‘After I saw that policeman I didn’t, 29JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: \VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: Ok, 1 just came home to get Rick, (in audible) Did you have uh, did you have a phone with you at that time? A cell phone? Do you have a celi phone or do you carry a cell phone? Thave a phone but uh, I didn’t use it, it was in my pocket, Ok, did you, you didn’t call anybody then? No, no, no, Icouldn’t drive and be on the phone, no. Ok, No, ‘What was the route of travel you took, I’m not familiar with, 40 Baribeau, Baribeau Lane, so you take 40 into, is it in Indianapolis oris it, Just west of Cumberland, Just west of Cumberland, so you take 40 all the way to, 30VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: \VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: ‘Sometimes I take it to Mt. Comfort, sometimes I don’t but this, time I went cause 40's all torn up with construction to, when you get into town, so I turned it in Cumberland, Ok, Stop light, Ok. Just, if we can, describe to me you took 40 to, what road would you have tumed off of 40 onto? Um, Do you know what, I think it’s, I think its Cumberland Road, ‘Cumberland Road. Ok, then Idon’t remember what names of roads are, I've driven so much, it, it’s the stop light, the only stop light in Cumberland, Ok. ‘And I tum right, it’s areal, uh, *s next to that Sero’s Restaurant and Ok, [tured right there, 31JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: Ok, To go up to 21" Street, Ok, so you take Cumberland up to 21* Street, ‘Then I go west on 21" to the subdivision J live in. Ok, then Baribeau, it’s off of 21 Street, Baribeau, Well, In the subdivision, A couple of streets in. Ok, Off of that. ‘And you, you didn’t stop anywhere between Knightstown, No, And your home? No, Ox. No. 32JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: Ok, were your, did your, was your crying enough, was the children awake the whole ay home or did they go back to sleep or, ‘The twins went back to sleep. Ok Jonah was awake. Ok. When you got home who was at your house when you got there? Rick. Ok. And did you tell him then what had happened or did you tell him the next morning? No, I told him then. Ok. Lasked him what to do. Ok. Um, where did you park the Toyota that you were driving? Did you park it in the driveway or in the, In the driveway, 33JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: In the driveway. Ok, and you and Rick at sometime contacted uh, contacted your attorney, um, was that in, was that the following morning or was that that night or? Uh, it was in the morning, [’m not sure what time it was, maybe 6 or something, Ok, I got his emergency number. Ok. Did you, had the car been taken anywhere since, since then, No, Oris it, Ok, so it’s still, It still hasn't been taken anywhere. ‘Ok, and it’s at your house now? The only thing I did was take the car seats out. Ok, it hasn’t been washed or, Ohno, Nothing like that, No, 34JARVIS: VANDERBECK: SMITH: \VANDERBECK: SMITH: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: Ok. Um, when did you first become aware that uh, there was an officer or that there was a person that was struck on a bike and Killed? Was that the next morning or, No, it was in the middle of the night cause T looked at the news. Not the middle of the night, don’t know what time, It was early in the morning. In the morning, (in audible) Did you, ‘We saw it on the news that, early next morning. ‘Ok. T guess it was early next morning, Had you contacted your attomey before or after you saw that on the news? Uh, [don’t remember. I don’t know if Icalled him yet or if Ijust looked his number up cause J knew he wouldn’t be in the office very early but knew I could leave a message. Ok, Ok. Was there, was there any doubt in your mind once you saw that on the news, I mean, you knew that that’s what, that 35VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: \VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: you're the one that had struck that person once you saw it on the news, you knew that was, Twas hoping it wasn't. No, I kept thinking that’s the same spot on 40, it was about the same time. ‘But at, at the time of the accident, I didn’t know what ‘You didn’t think that you hit anything hard enough to, No, [swerved enough and when I looked at the car it didn’t, the car doesn’t look bad at all. ‘What kind of, what was the damage that was on the car? You said the tum signal, ‘Tum signal light on the front right comer. Uh bub, And the right edge of the windshield. Is the windshield cracked or? Yea, Ok. Ok. But that’s it. 36JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: LITZ: ‘VANDERBECK: JARVIS: ‘VANDERBECK: LITZ: JARVIS: NEW: Ok. ‘What do you call the mirror, nothing on it. Ok Nothing. No scrapes on the car, no nothing. Ok. How long, what was your day like Wednesday. Do you work anywhere? Can Ihave something to drink here. Yea, Sure Please, I'm sorry. You're alright. 'm sorry. Rick you want something? Tneed to clarify one more thing here, Ok. Is your last name Smith sir? 37SMITH: SMITH: NEW: SMITH: NEW: SMITH: NEW: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: ‘VANDERBECK: Yes Ok, you guys said you're married, ‘Yea, she kept her maiden name. Ok, but you're legally married. Yes, Ok, Yes, Ok. Go abead, Ok. Um, let's go back to Wednesday before, before the accident, uum, are you employed anywhere? No now. I, Tuh, quit my job in January to go work with Jonah. ‘Ok. So what time did you, what time did you get up Wednesday morning? Do you remember what, can you tell me what your day was like? Probably 7:30 or something like that. 7:30 in the morning? ‘Yes, Jonah gets up early. 38JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: Ok. Did you, was you staying around your house or had you been in Cambridge all day? No, Staying at the house, {was at home cause Jonah goes to Preschool for Special Ed everyday, every morning. 5 days a week. Ok So one of us and usually Rick drops him off at Preschool and then either Rick or I pick him up. Ok. So, what time did you go to Cambridge City? Not until that evening because Ihave a teenager three days a week that comes in to help me some with the twins so I can work with Jonah. Ok. Because he has 6 houts, it’s supposed to be 6 hours of training one on one with him every day. Ok. She was there and she left at 5. 39JARVIS: VANDERBECK: JARVIS: SMITH: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: Ok. How often, how many times a week do you guys go over to her house, or do you go to the house in Cambridge, is ita weekly thing, a monthly, No, sometimes it’s everyday. Ox It depends on what needs to be done. It depends on what needs to be done, Ok. His business is there and, Isit, Um, Uh, is it un, is it uncommon or is it normal, is that that normal time you guys drive home or if you would leave at night is that, Liry not to leave that late but sometimes I have, And you, It depended on when my mom was alive it was, you know Thad to do things for her sometimes it would be late. Ok. 40VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: \VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: Sometimes I would stay overnight. Ok. Um, would, did you have concems with leaving that late at night? Imean were you tired or sleeping or I mean, No. Do you normally have any problems driving at night with sleep issues or anything? T'd taken a nap when twins took a nap earlier that day for about an hour so I wasn’t, that was one of the better days when I wasn’t tired, Ok, so you were fairly well rested when you, Yea, When you drove home that night. Ok. Are you om any type of medications or anything? Prozac. Prozac. Is that prescribed to you I'm assuming? Yea. (Ok. And had you taken it regularly as you normally do? Everyday. 4lJARVIS: \VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: But Wednesday you took it, you was in your normal routine. Yea, ‘Take it like you always do. Ok. Is that uh, does that have any affect on you, in the past has it affect your driving or anything like that? No, Ok. I've been taking it for a long time. Ok, ok. ‘Years. ‘And was there anything else? Had you been under the influence of anything that could have, do you drink alcohol? No, I don’t drink at all. (Ok, and you hadn’t had any alcohol to drink that night? Inever drink. Ok. And was there anything else that could have, say altered your state of mind, you don’t do any other drugs or nothing, the Prozac ‘was the only thing that you took that day, 42VANDERBECK: JARVIS. VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: No, And that is, Ibuprofen, Ok, No. ‘You didn’t have anything else that day that would have, Blood pressure pill. That doesn’t do anything. Ok. So when you left Cambridge City driving home you were in your normal state of mind? You weren't tired? You were as you typically are driving home? You didn’t feel any ill affects? ‘Actually I was better than what I am sometimes driving home I'm a little tired. Ok, So you felt well rested and safe to drive home. ‘Yea or I woulda stayed all night. Yea, I'm assuming with the children in the car you wouldn’t have, you wouldn’t have driven, you know if you felt unsafe driving or anything, No. 43JARVIS: NEW: VANDERBECK: NEW: VANDERBECK: NEW: VANDERBECK: VANDERBECK: NEW: VANDERBECK: ‘Ok. Elmer have you got any, anything we need to clear up or any other questions? Right after the accident did wh, and you said you went on down the road? Ok. You said you did, I slowed, I slowed down, ‘You slowed down, Ok. After down the road ‘You said you didn’t make any phone calls at that time you had a cell phone? Ididn’t make any phone calls. don’t usually use my phone in the car. For one thing it’s hard to drive and have kids and I don’t ‘even remember if it was in my purse or if it was in my pocket. ‘Sometimes I carry it in my pocket if I’m not, when I’m with the kids and stuff so I carry it, you know so I can, But you just hit some, something so, that's what I’m asking. Did you ever make an, I did not. ‘Attempt to make a phone call? I didn’t, I don’t know, I didn’t, [know I didn’t. I didn’t. 44NEW: VANDERBECK: JARVIS: VANDERBECK: JARVIS: SMITH: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: Ok. Ok. Idon’t mean I don’t know, I know I didn’t try and make a phone call, don’t know why but J just, J just didn’t. Twas just crying and, Have you, have you ever been in an automobile accident before? Yea, I think you said you hit a deer one time, Actually Rick was driving when we hit a deer. Ok. It jumped across 40. Tt jumped across in front of us on 40. Ok, but have you personally ever been involved in an automobile accident? ‘Years ago. Probably 25 years ago or something. I slid on the ice ‘on 70 and slid off the road. ‘Ok, what, did you, during that accident did you, was it something that, was your car totaled, Imean did you, did you stop and notify the, No, it wasn’t totaled it, it was on 70 on that dead mans curve thing where, they've changed it since cause, 45VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: A lot of people had accidents there. Was the police called at that accident? They, the State Police came. Ok. But I don’t know that anybody called them cause everybody kept driving past, nobody would stop and help me. Ok. (audible) Ok. You're aware that wh, there’s an obligation to contact the police or you know stop if your involved in an automobile accident, you're aware of that? ‘Yea, Thad one other accident when I was 18 I think, (in audible) 1 called the State Police. And I don’t, I don’t want to try to, read your mind here or speculate or anything, um, the reaction that you described to me that you had um, after you struck, or after this accident that you know you started crying, become distraught and you know things like that, um, would it be safe for me (o assume that you realized that you struck something other than an inanimate object? Tmean had there been a tire in the road, 46VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: ‘VANDERBECK: It wasn’t a tire, I know that, Had you ever struck anything in the roadway before, a tire uh, Aboard, A block or a board or something? Yea ‘And when that happened you didn’t have this type of reaction when you struck a board? You didn't No. Become distraught and crying and that No. ‘You didn’t react that way. OK. No. Ok. And, T apologize if I ask some things twice but Ineed to make sure I'm certain on some answers. Um, after, after the accident, you continued on to your house um, you told your busband what had happened, and you said the car was parked in your driveway at that time, Ub huh, 41JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: \YANDERBECK: Is that, is it still there now, is it in the driveway, in the garage? No, it’s in the driveway. ‘Ok. So ithasa’t been, thasn’t been driven, ‘Ithasn’t been moved, started, ‘We didn’t wash it, all we did is go out and look at it. ‘And you got the car seats out of it you said? I did that the next day, Ok. Steve told me I could. Ok. Is there anybody else you've talked to about this other than. the people in this room? No, Ljust told miy sister something happened because I needed her ‘to come watch the kids. But she saw the news and I think she figuring it all out. ‘Ok, When was that, today, she watching the kids today, ‘She came out this morning. 48JARVIS: VANDERBECK: JARVIS: VANDERBECK: UNKNOWN: ‘VANDERBECK: UNKNOWN: NEW: VANDERBECK: NEW: VANDERBECK: NEW: VANDERBECK: Ok. Alright, So the only, the only, they only conversation you had with her would have been you need to come watch the kids, told her you had a meeting or appointment, T didn’t talk to her till after I talked to Steve about what to do. Ok. {mean I talked to her about watching the kids but I didn’t tell her anything. Ok. T didn’t know what to tell her. Ok. When you come up on the scene where the accident took place and you're driving along and you said you're not tired or anything like that, Yea, Make sure that I’m real clear but when you get up on that scene and you first struck something in the road, what did you see? It was just like there’s was this thing right in front of me, Ok. And I swerved to miss it and I saw it like, 49NEW: VANDERBECK: NEW VANDERBECK: NEW: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: Ok, did you see a thing or did you see more than one thing? I, I saw, it looked like there was more than one thing there, but I didn’t know there three of them until I saw them on the news. Ok, so you hit whatever this was, Yea, ‘And you passed and you kept control of your vehicle, did you ever Jook back and did you know what it was then’? No, not for sure. It was so dark I couldn't see. Do you think, did you know what it was based on, Imean obviously the way you've told me you've reacted, you know you didn’t think it was, Ididn’t know, ‘You didn’t think it was a deer and you didn’t think it was an animal, Tknew it wasn’t, A tire or something, ‘A deer and I knew it wasn’t a tire or something, T would have seen that right on the road or I would have felt it going over it and I didn’t run over anything. 50NEW: VANDERBECK: NEW: VANDERBECK: NEW: ‘VANDERBECK: VANDERBECK: NEW: ‘When your, well when you first hit it then you go past at any point that you knew it was a person? thought it was, I wasn’t sure but I thought it was and J, I thought there was more than one person there, you know more than one, like a motoreycle or a bicycle or something. Tknew there was, something but I didn’t know, Something as far as a person? Yea. Ok. And you continued on, you finally end up at your house, you have a cell phone and you don’t call anybody, you get to your house and then did you call the police then? No, I talked to my husband first, Ok. So that night right after the accident there was no time you ever contacted authorities? The police? ‘Not until L asked Steve who to contact. Ok, and that was the next day sometime when he came to work, your attomey, No, that was, that was early that morning, Ok, SLVANDERBECK: NEW: VANDERBECK: NEW: SMITH: ‘VANDERBECK: SMITH: NEW: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: ‘We were up all night, Ok. Alright And then, ‘Cause it was like, what 1:00 when [ got home or, Did you say 1:00 when you got home, Tt was probably later than that, Idon’t know. don’t know, Cause I beat you home. Ok. Alright. Today is the, at this meeting we started a little bit ago, ‘don't know what time it was. “This is the first time you've spoken with any police officers about this today? Uh buh, Ok. Alright. You said you were unemployed currently or retired or, took like an early, I just resigned. (Ok, what did you do? What kind of work did you do? 52‘VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: Nurse. Ata hospital or school or? Hospital. Twas in the critical care for about 17 years. Where did you work at? Methodist. Methodist. And then I was on Pulmonary floor the rest of the time, Ok, ‘And I just worked a couple years with the kids. Ok. Had you not seen the police car coming the other way with the lights on, I would have gone back and looked around. You think you would have went back. Thit a dog one time, I wasn’t sure what it was and I went back and searched everywhere for it, Ok. So you had, you had intended on stopping until you, 53VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘But I knew there was somebody was going to be there. Ok. ‘And [had the kids with me. I just wanted to get them home, (in audible) and I didn’t think it could of been that bad and I should and after I looked at the car I didn’t think it was even as bad as I ‘thought it might have been because it just, it didn’t look bad at al. could have, like, I could have just hit a tree limb or something. How high up, did you see, you said the damage on your vehicle, there was damage near the turn signal lens and then on the windshield or up by the windshield, did you see, Jn the right comer area, Did you physically see an impact? No, mean, did you see anything hit your van or were you swerving and, No, Ijust swerved to miss. Ok. I didn’t see anything. So there was, 54VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: \VANDERBECK: JARVIS: VANDERBECK: No, Thad no idea what hit or anything, So then the sound, did you feel, could you feel in your steering wheel or in your brake pedal or anything or what is it that, ‘The windshield. Did you see it crack right away? I mean did you notice the crack or how do you know, Twas turning, I was trying (in audible) over in the median and that’s when [ must have clipped him. So, Clipped him then, or something, If you didn’t see, really didn’t see how, Ok. Thit him, I was trying to get around him. (Ok, so what I’m, what I’m wanting to get at is how do you know that you hit him if you didn’t see, did you hear, ‘Because right after that I heard that, and right after that Isaw that windshield after I got around, 55,JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: Ok, ok. So, So I knew I hit something. So the sound is what, knew I hit something. Ts what made you know that you hit something. Ok. But I didn’t run over anything. Ok. know I didn’t run over thing Ok. Iwould have felt running over something. Did you feel, Ididn’t, no. So the sound is the only thing, No, (in audible) I saw the windshield, that was it because all I was doing is driving, Ok. 56VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: NEW: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: I didn’t run over anything, So you don’t, Other than feel when Lun off the road and into the median, Ok. ‘That was different, Right, so you don’t know if you actually struck the bicycle or if you struck him, Idon’t know. Ok. Did you ever see anything fly into the air? Tdon’t, no, not really, Did you see anything after you strike him and go on, did you look back at any point in your mirrors or, Gn audible) Did you see, Idon’t remember, I think I did but I don’t remember seeing anything, STJARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: JARVIS: VANDERBECK: JARVIS: ‘VANDERBECK: ‘You don’t, you didn’t see any type of lights or reflectors or, No, ‘You didn’t see anything, didn’t see any reflectors when I came up on them. Ok. So there was basically a split second there, but enough time for you to try and react and you hear an impact, (in audible) ‘That you, you never saw anything when you was coming down the road and you didn’t see anything behind you? No, ‘To indicate that there was anybody in the roadway? No. ‘As anurse, how long would you say you was a nurse for? Idon’t know, 73, (in audible) that is. ‘And you said you worked in the critical care unit for a while? 17 years.JARVIS: VANDERBECK: JARVIS: VANDERBECK: JARVIS: NEW; JARVIS: VANDERBECK: NEW: LITZ: Ok. Has there ever been an incident in the past where you've stopped at an accident, you weren’t involved in or a done any CPR, Yes Been in any emergency situations? stopped at an accident before, we did CPR on my mother Ok. Do you have any other questions? Uh, Mr. Smith since you' ve been a witness to the interview for identification purpose can Thave your date of birth? And it’s Rick Smith? Yes. Is that right. Ok. Thank you. Idon’t think so. Ma'am, do you have any questions for us? What happens next? Well Mr. Litz did you have any questions you want to ask or anything, No. 59~ NEW: JARVIS: Atall. Ok. Ok, go ahead, I'm sorry. Um, we're going to report back to Henry County Prosecutor's Office so they can, I'm assuming your attorney has told you and the Prosecutor has ordered me that um, as long as we feel your being honest with us and you come forward and cooperating that ub, we are not to arrest you today. Um, you going to be, you know, you're going to be free to Jeave here and you are free to leave and were going to submit a report to the Henry County Prosecutor's Office. Usually our role in the criminal investigation not get any to super details but we usually gather facts and evidence, everything and we present that to the Prosecutor's Office and they, you know they decide what, if there’s criminal charges to be filed, what charges will be filed, you know we don’t really make that decision. We have some inputs and opinions, stuff but there the ones that decide and especially in this case, um, the Prosecutor has advised us just to get a statement from you and you know we'll present a report and a transcript of the statement to him and then they'll review it, um, we already discussed the uh, the consent to search form, um, once we leave her we're going to go to your guys” house um, and have the car towed, I’m not sure, it'll probably go to the State Police Post in Pendleton, we didn’t know exactly at the time we didn’t know where you guys lived at and we didn’t know how far we had to tow it but um, if you want as a courtesy to you, we'll follow you home and you know we'll stay, we'll stay outside where we can see the car and give you time to get your sister or whoever’s there if you want them to leave or whatever and then we'll contact the, we'll contact the wrecker service and uh, we'll, we'll take the car in, um, our evidence technicians you know will do their, do their work with it, collect any evidence and stuff and then,