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This is unreal! He's only getting charged with "a misdemeanor charge"! But being a sheriff, he's probably going to be appointed a VERY GOOD lawyer and might even get off! Just over the summer a state trooper chased a biker, trooper was killed and the biker was charged with murder....(man this state is ****ED UP!)

http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20060907/NEWS01/60907011

Source, Rochester Democrat and Chronicle(newspaper)

Deputy charged with DWI; motorcyclist dies in crash


Victoria E. Freile
Staff writer

September 7, 2006 1:39 pm — Monroe County sheriff's officials today charged a veteran deputy from Greece with drunk driving in a crash that killed a motorcyclist last night on West Ridge Road.

Deputy James R. Telban, Jr., 44, was charged with driving while intoxicated and has been suspended without pay, said Monroe County Sheriff Patrick O’Flynn.

Peter Volkmuth, 27, of Greece was westbound on the 4700 block of West Ridge Road in Parma when a pickup driven by Telban allegedly pulled out in front of the motorcycle at 10:15 p.m., said Monroe County Sheriff’s spokesman Cpl. John Helfer.

Telban, a 19-year veteran deputy, reportedly entered the roadway from a driveway on the north side of West Ridge Road. O'Flynn said Telban was leaving Braemar Country Club.

Volkmuth struck the pickup and died at the scene, he said. He reportedly was wearing his helmet when he crashed.

Sheriff’s deputies, Greece Police and the Monroe County District Attorney’s office are investigating the crash, O’Flynn said.

The collision marks the third fatal motorcycle accident in Monroe County since Monday. Two other men died in a separate accident early Monday morning after the motorcycles they were riding collided in Rochester.

Telban, a member of the road patrol who most recently served as a training officer, was not injured in the accident, O’Flynn said.

O’Flynn said Telban made some “poor personal choices” and assured the public that the department will thoroughly investigate the accident to ensure “justice will be served.”

Telban was taken into custody at the scene and deputies obtained a court order to take a sample of his blood last night, O’Flynn said. Deputies did not release results of his blood-alcohol test.

He faces a misdemeanor charge, was given an appearance ticket and is expected to appear in Parma Town Court later this month, said Kristin Splain, the DWI Bureau Chief for the Monroe County District Attorney’s Office.

Once criminal and departmental investigations are completed, the case will be presented to a grand jury to determine whether Telban will face additional charges, Splain said.

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I just read about this on the upstatenyriders.com What a shame,and he is a vetern officer.He should know better.
 

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...that's f'd up, what was his BAC and why don't they release that info:rant
 

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Discussion Starter #4
bx-459 said:
...that's f'd up, what was his BAC and why don't they release that info:rant
My thoughts exactly!!! Did you notice that he refused the BAC test at first. The sheriff's dept had to get a court ordered blood test.(this requires time which lowers his results).
 

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if it was a normal person the bac would be plastered everywhere and there ass would be going to jail! and charged with murder! i think thats bullshit! if the president pulled out drunk and killed someone i would expect his ass to go to jail also...no one is suspose to be above the law!
 

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also on a side note i remember the thing about the cop crashing and dying cause he was chasing a motorcycle and the motorcyclist was no where near......he got slapped with murder charges
 

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Yeah I remember that too - Sweet, you wanna make sure that the whole country remembers that :mad that's just B.S

"Justice will be served" ... O RLY?
 

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What do you expect ? Old boys club sticking up for each other again. We have one set of laws and everyone should be tried and convicted by them.

2 Bikers clocked at 134mph on a sunny day on a clear(ish) road .. Both got massive fines, banned and 12 months prison.

Same court and magistrate 2 weeks later :

1 off duty cop doing 'in excess' of 150mph on a late evening on a wet road. He gets nothing. Set free. Why ? .. Because he said as a police driver he needed to know how fast he could drive the car. WTF ?!?!?

I hope the bikers family screw him to the wall in civilian court !!

:hail TLR's
:hail TLR's
 

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Your title is misleading....he was a deputy. I was all prepared to start a slander campaign to keep his ass from getting reelected as sheriff, but alas, he's just a deputy so he gets to keep his job.
 

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That is totally ****ED up and that SHIT pisses me off.....NO ONE is above the law and should be tried as such.....DAMMIT I am PISSED now!
 

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Keep us updated with what happens.

SWEET-TL1000R said:
My thoughts exactly!!! Did you notice that he refused the BAC test at first. The sheriff's dept had to get a court ordered blood test.(this requires time which lowers his results).
No need here. Refusing a BAC test is an admission of guilt and you get charged anyway.
Refusing a breath test is a serious offence with severe penalties. Drivers who do not cooperate are fined and disqualified from driving.
 

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That's seriously messed up:mad What was the outcome of the case where the idiot cop killed himself chasing a bike?
 

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SWEET-TL1000R said:
My thoughts exactly!!! Did you notice that he refused the BAC test at first. The sheriff's dept had to get a court ordered blood test.(this requires time which lowers his results).
Damn! Everyone needs to calm down a little bit. I didn't read anything that said this guy got set free of any charges because of who he was. To me, it actually sounds like everything was done correctly.

If you check with most states, DWI/DUI is a misdemeanor charge. That's not the cop's fault, its the lawmakers who make that law. Initially, it is very common for that to be the only charge. For the charge of Intoxication Assault or Manslaughter to be brought against someone, the investigators have to prove up the case and that usually includes combining the results of the accident report, BAC results and any other factors that contributed to the accident. And that takes time. A fatality accident report is usually not completed for weeks.

I can't access the article, but if the guy refused a breathalyzer, according to most states, he has that right. For the officers to obtain a search warrant for his blood, shows that they took the matter seriously. That is not just a simple 5 minute process. If they were trying to cover anything up for this deputy, they would have just documented the breathalyzer refusal and filed the case.

As far as it taking enough time for his BAC to come down, there is no way to know that. In fact, if he had stopped drinking immediately before walking to his vehicle (which is very common) then there is a good chance that his BAC was actually still climbing when his blood was taken.

I would like to wait and see if the investigating agency files the higher charge with the grand jury before making any assumptions. And even if they don't, it still may just mean that they couldn't prove the elements of Intoxication Manslaughter.
 

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BikePilot said:
That's seriously messed up:mad What was the outcome of the case where the idiot cop killed himself chasing a bike?

the biker was charged with murder and sent to prison on a life sentance
 

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Wow! The biker whom ran from the LEO and the LEO was killed RIP recieve murder charges? :dowhat

That is messed up. The Biker must have had a court appointed attorney.
 

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deltl1ks said:
Wow so the biker whom ran fromt eh LEO and the LEO whom was killed RIP recieve murder charges?
yes the cop actually lost control of his car and ran off the road and died, i think its was as far as the cop was pulled over and radared they guy and started chasing him to catch up lost control and died, the bike wasnt anywhere near as far as i know....but its been a while and i dont remember the whole story:O
 

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TL Freak said:
the biker was charged with murder and sent to prison on a life sentance
That's just not right:grr :rant :mad
 

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Discussion Starter #18
BikePilot said:
That's seriously messed up What was the outcome of the case where the idiot cop killed himself chasing a bike?
TL Freak said:
the biker was charged with murder and sent to prison on a life sentance
The outcome of the cop that died cashing a biker is the biker looks like he will be going away for a minimum of 25yrs.

BTW, this whole thing wouldn't have happened if the trooper was driving a CAR rather than the SUV he started the chase in....
 

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sweet u got a link to the origional story?
 

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that deputy should get no less than involintary manslaughter!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
justice my ass!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :banghead :banghead :banghead
 
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