LONGMONT — Attorneys for a man accused of running down a state trooper and killing a Colorado State Patrol cadet argue evidence should be dismissed because the patrol violated its policies and procedures during the traffic stop, chase and eventual use of stop sticks.
Court records show that attorneys for Christopher Lee Gebers made those allegations in arguing that any evidence obtained as a result of the traffic stop should be tossed out.
Prosecutors argued against those claims.
The State Patrol declined to comment on the specifics of the incident and the results of the internal investigation on grounds that the criminal case against Gebers is pending.
The agency agreed to discuss its pursuit policy, including the use of stop sticks, only in general terms.
“There is only so much we can say, given there is a pending criminal case going on with it,” Trooper Josh Lewis said.
Gebers, 28, is accused of fleeing a traffic stop May 23 and speeding into an unrelated traffic collision, where he struck State Trooper Clinton Rushing and CSP Cadet Taylor Thyfault. Thyfault, 22, died at the scene.
Gebers is charged with first-degree murder, attempted murder and numerous other felonies related to the incident. He is being held without bond.
Police found more than an ounce of methamphetamine in Gebers’ car after the crash. They contend he had been traveling to Longmont from Federal Heights to conduct a drug sale.
Rushing, 38, was seriously injured, but Lewis said Rushing has returned to “light duty” until he fully recovers.
Gebers’ attorneys allege that CSP Sgt. James Hirth did not follow policy when he attempted to stop and then chased Gebers, because he did not observe any crime that would reasonably lead an officer to initiate a traffic stop.
The defense contends Hirth should have discontinued the pursuit. It also alleges Rushing violated procedure when he deployed the stop sticks.
Prosecutors countered that Hirth had reasonable suspicion to stop Gebers, because his Honda Civic was equipped with blue headlights, which are illegal in Colorado on most civilian vehicles. They also contend that the defense’s claim that Rushing violated procedure and caused the crash is unfounded.
In the aftermath of Thyfault’s death, the State Patrol said it would review its policy regarding stop sticks and changed certain aspects of its pursuit policy in September, particularly with regard to stop sticks.
Lewis said the State Patrol continuously monitors its policies and procedures, drawing from its own experience as well as from outside police agencies and updates them periodically.
“Any changes in our policies aren’t coming from a single instance, this instance included, as tragic as it may be,” Lewis said.
The new policy dictates troopers only use stop sticks from a “fortified position” like a bridge abutment or guardrail. It also dictates troopers develop a plan for follow-up control of the vehicle. The choice to pursue rests with the trooper. Ending pursuits sometimes involves using stop sticks or “tactical vehicle intervention” that involves making physical contact with a fleeing vehicle, he said.
“Our goal is always to end a pursuit in the safest and fastest way possible,” Lewis said. “We can’t say we would do one thing in one situation versus another.”
