989 13investigativesummary

Investigative Summary Incident Type Fatal Crash Outside Agency Assist - Perry Township.

CPD CAD Number

Involved Parties

Place of Occurrence

Shawn Paynter (Age-30) (injured)

Riverside Dr. / Fishinger Rd.

October 18, 2013

Secondary Investigator

Sergeant Sgt. Brooke Wilson #5120

130889526

Perry Twp. Report 13154A

Page 1 of 42 CPD File

AIU #989-13 Date of Incident

Eid Badi Shahad (Age 39) (deceased) Entisar Hameed (Age 31) (deceased) Shuaa Badi (Age 16) (deceased) Amna Badi (Age 14) (deceased) Ekbal Badi (Age 12) (deceased) Lina Badi (Age 2) (deceased) Lead Investigator Sgt. Brooke Wilson #5120

Incident Summary On October 18, 2013, at 1:25 AM, the Columbus Police Radio Room received a call reporting a robbery/abduction in progress at the McDonalds restaurant at 1905 W. Henderson Rd. The 9-1-1 call taker wrote the Robbery In-Progress run and Columbus Police units (Patrol North - Zone 1 cruisers and the helicopter) were dispatched within seconds. The first ground units arrived at 1:29 AM. (In the area of this dispatched run, the north side of W. Henderson Rd., and the roadway itself, is within the jurisdictional boundaries of the City of Columbus.

However, addresses on the south side of the street, including 1905 W. Henderson Rd., are within the jurisdictional boundaries of the City of Upper Arlington. This may not have been immediately clear to the Columbus Police dispatcher(s) who took/dispatched the run.)

At 1:29 AM, as Columbus Police units were arriving at 1905 W. Henderson Rd., Upper Arlington Police received a telephone call reporting a possible robbery at the McDonalds restaurant at 1905 W. Henderson Rd. Other calls were received by Upper Arlington at 1:30 AM (via telephone from Worthington P.D.) and 1:31 AM (via radio from Upper Arlington Police Unit #53). Several units from Upper Arlington were dispatched. At this time, the Upper Arlington Police dispatcher and officers were unaware that Columbus Police units were already responding.

One of the responding Upper Arlington Police officers was Officer Shawn Paynter #1289, working alone in Cruiser #59.

At approximately 1:33 AM, in the course of Officer Paynter’s response, he approached the intersection of Riverside Dr. (aka U.S. Rt. 33) and Fishinger Rd. This intersection, although bounded on the east by the City of Upper Arlington, lies

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within the jurisdictional boundaries of Perry Township. As Officer Paynter entered the intersection from the south, another vehicle, a 1999 Toyota Corolla, entered the intersection from the east. The vehicles collided within the intersection. Officer Paynter was injured while the driver and five other occupants of the Toyota were killed.

Within 30 seconds of Officer Paynter airing on the radio that he had been involved in a crash, Upper Arlington Police Officer John Greene #1142, working alone in Cruiser #50, arrived at the scene. Officer Greene assisted Officer Paynter out of his cruiser and out of the roadway. Officer Greene checked on the occupants of the Toyota, but was unable to render any assistance to them.

Within about 60 seconds, the Columbus Police helicopter, which had also been responding to the 1905 W. Henderson Rd. robbery, arrived overhead and advised the Columbus Police dispatcher and ground units of the crash at Riverside Dr. and Fishinger Rd. involving a cruiser. Columbus Police Patrol South - Zone 3 units responded to assist.

The following Fire/EMS units would subsequently respond to the scene: Upper Arlington Fire: Columbus Fire: Grandview Heights Fire:

Rescue 71, Ladder 72, Medic 71, BN 72 Rescue 11, Medic 11, Medic 13 Medic 51

Officer Paynter was transported to Riverside Methodist Hospital by Upper Arlington Medic 71 with a head injury. The six occupants of the other vehicle were extracted

by Fire/EMS personnel and each was pronounced dead at the scene.

Additional officers and police supervisors from Perry Township Police, Upper Arlington Police, and Columbus Police also responded and contained the crash scene.

Columbus Police AIU Response At 1:47 AM, Columbus Police Sergeant Duane Nicholson #5147, working S-15, requested a response from Columbus Police Accident Investigation Unit (AIU).

Columbus Police AIU Detectives Shane Karnes #2005 and Michael McWhorter #2181 then contacted me. Detectives Karnes and McWhorter responded from the AIU office while I responded from home.

Upon arrival I met with Perry Twp. Police Lieutenant Steve Cesaro #502, who was the ranking supervisor at the scene. Lt. Cesaro requested a Columbus Police AIU investigation into this crash. (Later that morning, this request would be repeated

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by Perry Twp. Police Chief Robert Oppenheimer via telephone.) I agreed and assumed responsibility for the evidence collection and investigation, while Lt. Cesaro retained responsibility for overall scene security and traffic management.

Perry Twp. Police Officer John Thomas #506 was assigned to complete the State of Ohio Traffic Crash Report.

Detective McWhorter measured the scene with a SOKKIA SRX5X Total Station.

Detective Karnes digitally photographed the scene and assisted Det. McWhorter. I assisted Franklin County Coroner Dr. Jan Gorniak and Coroner’s Investigator Renata Penefiel with the decedents.

Scene Description The crash scene was within the intersection of Riverside Dr. and Fishinger Rd. The weather was clear (with a full moon visible in the western sky) and the roadways were dry and clean. The Ohio State University Airport (which was approximately 3.25 miles northeast of the crash scene) was reporting a temperature of 44° F with wind from the southwest at 4.6 mph. It was nighttime and lighting at the intersection was provided by an overhead street lamp overhanging the roadway at the northeast corner of the intersection. Additionally, ample ambient lighting in the area was provided by overhead lighting in the parking lots of nearby commercial properties.

Riverside Dr. is a major thoroughfare that runs generally north-south, although it is somewhat northwest-southeast, paralleling the east bank of the Scioto River/Griggs Reservoir. In this area (both north and south of the intersection), Riverside Dr. has five lanes: two northbound lanes, two southbound lanes, and left turn lanes to accommodate northbound to westbound, as well as southbound to eastbound left turns.

Riverside Dr. is paved with bituminous asphalt and is in good repair with no defects. Its lanes are marked with reflective paint and embedded reflectors. The intersection stop bars are marked with reflective paint. The roadway is lined with concrete curbs approximately 2 inches high, with periodic curb-cuts to allow access to businesses on the east side of the roadway. (There is no development on the west side of the roadway.) There are minimal shoulder areas between the white fog lines and the curbs on the east side of the street. South of the intersection these shoulder areas are approximately 36 inches, while north of the intersection they are approximately 24 inches. There are no sidewalks lining Riverside Dr.

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Riverside Dr. is divided by a concrete median approximately 5 inches high. The width of the median varies depending on its distance from the intersection, but in the area between impact and final rest, it was approximately 51 inches wide.

North of the intersection, the median is marked by several plastic vertical yellow reflective posts approximately 36 inches tall.

Riverside Dr. has no discernible change in elevation in this area and subsequent measurements determined there to be less than a 1% grade increase to the north. The posted speed limit is 45 mph with the nearest speed limit sign for northbound traffic approximately 500 feet south of Nottingham Rd.

Fishinger

The next major intersection south of the crash scene was that of Riverside Dr. and Nottingham Rd., approximately 1,500 feet south of Fishinger Rd. Northbound traffic cannot see the Fishinger Rd. traffic signal from Nottingham Rd. due to a curve on Riverside Dr. The curve begins immediately north of the Nottingham Rd. intersection and extends approximately 500 feet as the roadway curves approximately 23° from north to northwest. However, the Fishinger Rd. traffic signal becomes visible to northbound traffic well beyond 1,000 feet from the intersection.

Fishinger Rd. is also a major thoroughfare, but running (generally) east-west. East of the intersection, Fishinger Rd. is better aligned in an east-west orientation, but it assumes a somewhat northeast-southwest orientation on the west side of the intersection to accommodate a bridge that perpendicularly crosses the Scioto River.

To avoid an oblique intersection caused by this slight direction change, Fishinger Rd. has been engineered with an estimated 14 degree (270° to 256°) curve beginning approximately 240 feet east of the northeast apex of the intersection.

Also east of the intersection, Fishinger Rd. has a notable increase in elevation, so that westbound traffic is both descending and curving to the left as it approaches the intersection from the east.

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Despite the curve and change in elevation, the Riverside Dr. traffic lights are visible to westbound Fishinger Rd. traffic as far east as Kioka Ave., which is over 1,500 feet east of the intersection. Fishinger Rd. has a posted speed limit of 35 mph, with the sign closest to the intersection for westbound traffic approximately 1,340 feet east of Riverside Dr. Fishinger Rd. east of the intersection is six lanes. There are two eastbound lanes, but the westbound lanes increase from two lanes to four lanes as westbound traffic approaches from the east, gaining dedicated left turn and right turn lanes in addition to the two dedicated westbound lanes. Fishinger Rd. west of the intersection is 5 lanes wide, with two westbound lanes and three eastbound lanes.

Of the three eastbound lanes, there are dedicated left turn and right turn lanes in addition to one dedicated eastbound lane.

Fishinger Rd. is also paved with bituminous asphalt and is in good repair with no defects. It is lined with concrete curbs approximately 2 inches high. There are no fog lines or shoulder areas. Fishinger Rd. lanes are marked with reflective paint as are its stop bars. Like Riverside Dr., Fishinger Rd. has no sidewalks. Unlike Riverside Dr., instead of a median the opposing lanes of Fishinger Rd. are divided by painted double-yellow lines. Also, Fishinger Rd. has no embedded reflectors east of the intersection.

The intersection itself is large with three five-lane segments and one six-lane segment coming together at right angles. There are neither crosswalks nor pedestrian control signals. The vehicular rights of way are controlled by electronic traffic signals (traffic lights). The lights were illuminated in all directions and appeared to be operating/cycling in a normal manner, although at the time of the on-scene investigation, the operational report had not yet been received by the Ohio Department of Transportation (ODOT).

Crash Scene Evidence The first and most obvious evidence of the crash was the presence of the two vehicles at final rest in the northbound lanes of Riverside Dr. over 200 feet north of the center of the intersection. The cruiser was facing northbound in the left lane, generally parallel with the lane markings and center median. The Toyota was in front of (north of) the cruiser and was also in the northbound lane, but the Toyota was angled facing southwest. The vehicles were still in contact with each other, with the left front corner of the cruiser in contact with the left side of the Toyota at its driver’s door. The right front tire of the Toyota was against the concrete median divider of Riverside Dr.

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Both vehicles showed catastrophic damage with heavy damage to the front of the cruiser and the driver side of the Toyota. The Toyota also showed signs of Fire/EMS rescue extraction, as the roof and rear passenger side door had been cut off the vehicle and stacked on the concrete median. The bodies of all six of the Toyota’s occupants were arrayed in the southbound lanes of Riverside Dr.

Final rest approximately 200 feet north of the center of the intersection

To the south of the vehicles, extending back into the intersection, was a trail of fluids, scrapes/gouges, tire marks, and vehicle debris.

Looking northbound on Riverside Dr. north of the intersection

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Within the intersection itself, there was a series of deep gouges generally where the right northbound lane of Riverside Dr. intersected with the left westbound lane of Fishinger Rd. South and east of these gouges, no discernible marks or debris were found.

Looking northbound on Riverside Dr.

Looking westbound on Fishinger Rd.

At-Scene Assessment Taken as a whole, the crash scene and vehicle damage evidence indicated a “Tbone” crash, wherein the northbound cruiser struck the westbound Toyota within the intersection. The momentum of the vehicles carried both vehicles northbound on Riverside Dr. to final rest.

Further analysis (to follow) of detailed measurements would confirm this initial assessment.

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Additional At-Scene Actions At the conclusion of Detectives Karnes’ and McWhorter’s photography and measurements, Dr. Gorniak caused the bodies to be removed from the scene and transported to the morgue. Both vehicles were impounded and taken to the Columbus Police Impound Lot, with the cruiser secured indoors.

After the roadway was swept, I measured the roadway surface with a Vericom VC2000 Performance Computer. Making a set of five test skids, I obtained a coefficient of friction of 0.8168 for use in later calculations. (to follow) Post-Scene Actions While at the scene, we learned that someone had gone to the Wexner Medical Center at the Ohio State University (OSU Main Hospital) looking for friends who had been involved in a crash in the area of Riverside Dr. and Fishinger Rd. Perry Twp. Officers John Thomas and Emanuel Munoz #505 went to the hospital with me after clearing the scene.

At approximately 7:30 AM, we met with Mr. Mubarak Sail at OSU Main Hospital.

Mr. Sail did not speak English, so hospital staff arranged for an interpreter via a live video link. Mr. Sail told us that he is a close friend of Mr. Eid Badi Shahad. Earlier in the evening of October 17th, Mr. Shahad, his wife, and their four daughters were at Mr. Sail’s home at 1933 Willoway Cir. N. to celebrate a Muslim festival (Eid ul Adha). The family was with him until after midnight (October 18th), when they left his house to go home on the far west side of Columbus. Mr. Sail stated that the crash scene would be on the normal route for Mr. Shahad to take while going home. Mr. Sail was able to identify Mr. Shahad’s driver’s license photo.

With the assistance of the hospital chaplain, I was able to make contact with Mr. Raad Sameer, who is an Iraqi community imam and who knew the Badi family. He agreed to facilitate the meeting between me and the surviving family members in order to make the next of kin death notification.

At approximately 9:35 AM, Officer Munoz and I arrived at the Badi family’s apartment at 4509 Hambrick St. There we met with Imam Sameer, who had already spoken with the surviving family members, including Mr. Badi’s elderly mother. We ensured the family understood the circumstances of the crash to the best degree possible at the time.

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At approximately 11:45 AM, I arrived at the Columbus Police Impound Lot. I further inspected the vehicles and retrieved the memory card for Cruiser 59’s video recording system. Columbus Police PoliceNet personnel downloaded the video and AIU Detective Lisa Barbeau #2149 turned the memory card in to the Columbus Police Property Room as evidence.

At approximately 4:00 PM, I was able to review the video recording. I briefed Chief Oppenheimer on my findings via telephone.

On October 21, 2013, I was given access to an Upper Arlington Police Cruiser that was the same model year (2009) as Cruiser #59 and was similarly equipped for patrol duties. Using this undamaged cruiser as an exemplar vehicle, I weighed it to assess its empty weight and weight distribution for later momentum calculations.

Weight

Distribution

LF:

1,200 lbs

26.37%

LR:

1,050 lbs

23.08%

Weight

Distribution

RF:

1,250 lbs

27.47%

RR:

1,050 lbs

23.08%

The cruiser’s empty weight was 4,450 lbs. To this I added 200 lbs to account for Officer Paynter (165 lbs as declared on his driver’s license) and 35 lbs to account for his patrol gear and rifle. Thus, we can assign an estimated gross vehicle weight of 4,750 pounds to Cruiser #59 at the time of the crash.

On October 23, 2013, I contacted Mr. Kraig Shrewsberry, ODOT District 6 Traffic Engineer. I requested traffic signal sequence and diagnostic reports for this signal. (both attached) The traffic signal is computer controlled and maintained by ODOT. Generally speaking, the signal follows a timed sequencing program between 7:00 AM and 10:00 PM, and an on-demand program between 10:00 PM and 7:00 AM. Since this incident occurred at 1:33 AM, we will address the on-demand programming. (The programming is complex and dependent on which lanes traffic occupies, and in some cases, for how long a vehicle may be stationary. For purposes of this discussion, I will only present the programming as it relates to this incident.)

During these overnight hours, this signal gives priority to Riverside Dr., both northbound and southbound through-traffic. Unless called (further described below), traffic on Riverside Dr. will be presented with steady green lights indefinitely, regardless of how long these lights have already been green. This status is known as the “recall” setting for this signal during these hours.

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If and when a vehicle on Fishinger Rd. approaches the intersection in either of the two westbound through-lanes, the vehicle will drive over a loop embedded in the pavement (30 feet, 8 inches east of the stop bar) and call the light. The traffic lights for Riverside Dr. will immediately change to yellow. After presenting yellow lights for four (4) seconds, the Riverside Dr. lights will turn to red. The signal will hold red lights in all directions for an additional two (2) seconds. Fishinger Rd. will then be presented with green lights for through traffic.

Said another way, during these hours and with no cars present at the intersection, Riverside Dr. has a green light and Fishinger Rd. has a red light. When a car driving westbound on Fishinger Rd., in either through lane, crosses the embedded loop, it will be four (4) seconds before Riverside Dr. will get a red light, but it will

be six (6) seconds before the westbound car on Fishinger Rd. will get the green light.

There is an exception to when a westbound Fishinger Rd. vehicle will cause the signal to immediately change to yellow lights for Riverside Dr. There are additional loops embedded in the northbound lanes of Riverside Dr., 233 feet south of the intersection. If traffic is present for northbound Riverside Dr., and that traffic has driven over these Riverside Dr. loops, then the Riverside Dr. lights will not immediately turn yellow when the signal is called by a westbound Fishinger Rd. vehicle. In this case, there will be an additional 6 second delay before the Riverside Dr. lights turn yellow. [This programming allows (detected) Riverside Dr. traffic to clear the intersection before the light changes.]

Mr. Shrewsberry completed a diagnostic report showing there were no alarms or detected malfunctions with this signal at the time of this incident.

On November 4, 2013, AIU Detective Mark Rice #1457 was able to download the cruiser’s Crash Data Retrieval (CDR) system data.

On December 12, 2013, I received the final Coroner’s reports for Mr. Shahad and Shuaa Badi.

On December 24, 2013, I received the final Coroner’s reports for Entisar Hameed and Lina Badi.

On December 31, 2013, I received the final Coroner’s reports for Amna Badi and Ekbal Badi.

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Crash Event In reconstructing the actual crash event, we must analyze all of the available evidence, to include: physical evidence (such as roadway markings and vehicle damage), the video evidence recorded on the cruiser’s video system, and the vehicle performance data obtained from the cruiser’s Crash Data Retrieval (CDR) system. Each of these elements has value as well as shortcomings. Only through a critical evaluation of all information can we get an accurate understanding of the event.

Physical Evidence As stated above, the evidence at the scene consisted of roadway markings and the vehicles themselves (their positions and damage). Within the intersection, deep gouges were found where the right northbound lane of Riverside Dr. intersected the left westbound lane of Fishinger Rd. These gouges denoted the point of maximum engagement between the vehicles. The gouges immediately led to vehicle parts, fluid trails, and tire marks that tracked northbound on Riverside Dr. in the right lane, before moving to the left northbound lane, and to final rest.

The vehicles were still in contact, but the Toyota appeared to have begun a counterclockwise rotation and separation just as they were coming to a stop. Tire marks on the eastern edge of the concrete median indicated the right front tire of the Toyota made contact and was dragged along the side of the median. This likely is what caused the rotation/separation.

The cruiser had direct impact damage to its front-end. The push-bumper was broken, the front-end was crushed, and the hood was buckled. The damage pattern showed no discernible lateral movement (pushing left or right), but was squarely perpendicular to the longitudinal axis of the vehicle.

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Additionally, the scrapes and scratches to the cruiser’s paint that were caused by the collision were nearly parallel with the vehicle’s longitudinal axis.

These patterns indicate the cruiser collided with an object that was moving neither to the cruiser’s respective right nor left. In other words, the cruiser hit an object that was either stationary, or in-line with respect to the cruiser’s longitudinal axis.

The cruiser’s right front tire and both rear tires retained pressure, but the left front tire was flat. There was no evidence any tire was impinged by the damage.

An interior examination of the cruiser showed the driver side airbag had deployed.

There was no intrusion into the passenger compartment. Blood was splattered throughout the driver side of the cruiser’s interior and hair was embedded in the driver side sun visor. An examination of the driver side seatbelt showed that the pretensioner had not deployed, as the belt was freely moving and showed no stretching or signs of stress. This was indicative that it had not been in use during the collision.

The Toyota, aside from the EMS/Fire rescue damage, had all its damage focused on the driver side. Impact occurred immediately behind the left front tire and covered both driver side doors.

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Both front tires retained air pressure. The right rear tire was flat and off the rim.

The left rear tire retained air pressure, but the wheel was broken at or near the ball joint.

There was no discernible longitudinal deformation at or near the area of impact.

This indicates the Toyota was generally stationary when it was struck in the side.

Intrusion into the passenger compartment was severe, with the front and rear driver side doors having been displaced past the midline of the passenger compartment. Both the driver side and passenger side airbags had deployed. The front passenger side seatbelt was still fastened. No other evidence of seatbelt use was observed.

As stated above, the vehicles came to rest nearly exactly north of the point of impact, with less than 8 feet of displacement to the west. This tells us that the Toyota contributed little, if any, westward momentum to the crash. Also, the contact damage on both vehicles supports that the Toyota was stationary or very nearly stationary at the time of collision. This evidence points to an in-line collision, and therefore a collinear momentum solution is the best tool to give us an assessment of the speed at impact.

Collinear Momentum Speed Assessment In these calculations, Cruiser 59 will be identified as Vehicle #1 and any variables with subscript 1 (Variable1) will relate to Cruiser 59’s pre-collision calculations (subscript 3 for post-collision calculations – Variable3). The Toyota will be identified as Vehicle #2 and any variables with subscript 2 (Variable2) will relate to the Toyota’s pre-collision calculations (subscript 4 for post-collision calculations Variable4).

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The collinear momentum formula for this crash is:

S1 = S3 + Where

S1 is the pre-collision speed of Cruiser #59 S3 is the post-collision speed of Cruiser #59 S4 is the post-collision speed of the Toyota W1 is the total weight of Cruiser #59 W2 is the total weight of the Toyota As stated above, I determined the gross vehicle weight of Cruiser #59 to be 4,750 pounds, so that W1 will be 4750.000. However, the Toyota itself experienced devastating damage and subsequent disassembly by rescue personnel.

Additionally, I did not have ready access to a 1999 Toyota Corolla VE (4D) to weigh as an exemplar vehicle. Instead, we will use published vehicle specification data for this vehicle.

Weight

Distribution

LF:

736.081 lbs

30.50%

LR:

470.609 lbs

19.50%

Weight

Distribution

RF:

736.081 lbs

30.50%

RR:

470.609 lbs

19.50%

The Toyota’s empty weight was 2,413.38 pounds. To this we will add the combined weight of the occupants (as recorded in their respective autopsy reports) of 726 pounds. (This is significant in that the occupants of the vehicle equated to 30% of the vehicle itself.) Thus, we can assign a gross vehicle weight of 3,139.38 pounds to the Toyota at the time of the crash. W2 will be 3139.380.

Before presenting the momentum calculations, we will first have to calculate the post collision speeds of each vehicle: S3 and S4. In this case, the two vehicles became paired at the point of maximum engagement and stayed joined until final rest. Because of this, the post collision speeds of the vehicles were the same and S3 = S4.

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To solve for S3 and S4, we will use the speed formula:

S = √(

)( )( )

Where

30 is a mathematical constant D is the distance from engagement to final rest (measured to be 205 feet) f is the drag factor

To solve for f, we will use the adjusted drag factor formula:

fadj = µ n ± m Where

µ is the coefficient of friction of the surface at the crash scene n is the percentage of braking m is the percentage of grade at the crash scene As stated above, hours after the crash I measured the roadway surface with a Vericom VC2000 Performance Computer, obtaining a coefficient of friction of 0.817.

Because this test was done at the scene of the crash and in the direction of Cruiser #59’s (and hence the post-collision combined) path, the grade of the roadway (m) has already been factored into the calculation of µ. We are then left with the braking efficiency of the post-collision vehicles, n. We will address the braking efficiency of each tire.

There were no discernible tire marks on the roadway that indicated Cruiser #59 braked after the collision. Indeed, this is supported by the data from the cruiser’s CDR, which indicates Officer Paynter’s foot likely came off the brake pedal at the point of engagement (further discussed below).

Cruiser #59’s left front tire lost air pressure during the collision, but the other three tires remained fully inflated and were undamaged. Therefore, based on industry published data, we will assign a drag factor of 0.017 for the unpressurized, freerolling left front tire and drag factors of 0.010 for pressurized, free-rolling tires on the rear and right front.

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Therefore, the adjusted drag factor for Cruiser #59 is calculated as:

Drag Factor Adjustment Table Vehicle: Cruiser #59 Total Weight: 4750.000 Front Wt. Dist.: 0.538 Rear Wt. Dist.: 0.462

Wheel Driver Front Passenger Front Driver Rear Passenger Rear Total

Percentage Grade Coefficient of μ Being or Weight (W) of Friction Used Slope (m ) (n) (m)

Drag Factor (f)

Force (F)

1250.000

0.017

1.000

0.000

0.017

21.250

1300.000

0.010

1.000

0.000

0.010

13.000

1100.000

0.010

1.000

0.000

0.010

11.000

1100.000

0.010

1.000

0.000

0.010

11.000

4750.000

Adjusted Drag Factor = Total Braking Force / Total Weight =

56.250 0.012

The weights used for the Toyota reflect the published vehicle weights plus the passenger weight. The weight distribution remains as published. For the passenger side front tire, we will use the coefficient of friction value as tested at the scene. Because both driver side wheels had been lifted from the pavement, their µ is nil. We will range the µ value for the passenger rear tire between 0.2 and 0.4, as this tire was off the rim, which itself was sliding sideways and alternating between skipping and scraping. The lower limit vs. upper limit calculations are:

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Drag Factor Adjustment Table (Lower Limit) Vehicle: Toyota Total Weight: Front Wt. Dist.: Rear Wt. Dist.:

3139.380 0.610 0.390

Percentage Grade Coefficient of μ Being or Drag Factor Weight (W) of Friction Force (F) Used Slope (f) (m ) (n) (m)

Wheel Driver Front Passenger Front Driver Rear Passenger Rear Total

957.511

0.000

1.000

0.000

0.000

0.000

957.511

0.817

1.000

0.000

0.817

782.286

612.179

0.000

1.000

0.000

0.000

0.000

612.179

0.200

1.000

0.000

0.200

122.436

3139.380

904.722

Adjusted Drag Factor = Total Braking Force / Total Weight =

0.288

Drag Factor Adjustment Table (Upper Limit) Vehicle: Toyota Total Weight: Front Wt. Dist.: Rear Wt. Dist.:

Wheel Driver Front Passenger Front Driver Rear Passenger Rear Total

3139.380 0.610 0.390

Percentage Grade Coefficient of μ Being or Drag Factor Weight (W) of Friction Force (F) Used Slope (f) (m ) (n) (m) 957.511

0.000

1.000

0.000

0.000

0.000

957.511

0.817

1.000

0.000

0.817

782.286

612.179

0.000

1.000

0.000

0.000

0.000

612.179

0.400

1.000

0.000

0.400

244.872

3139.380

Adjusted Drag Factor = Total Braking Force / Total Weight =

1027.158 0.327

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We can now calculate the post-collision (combined vehicle) fadj as the combined braking force divided by the combined weight, or: Lower µ (0.2)

Upper µ (0.4)

fadj =

fadj =

fadj =

fadj =

fadj =

fadj =

fadj = 0.122

fadj = 0.137

For our post-collision calculations, we will range fadj = 0.122 – 0.137

We can now range the post-collision speed of the joined vehicles: Lower µ (0.2) S2,4 = √(

)( )(

)

S2,4 = √(

)(

)(

Upper µ (0.4)

)

S2,4 = √(

)( )(

)

S2,4 = √(

)(

)(

S2,4 = √

S2,4 = √

S2,4 = 27.392

S2,4 = 29.027

)

The minimum post-collision speeds for the joined cars (S2 and S4) will be ranged between 27.392 mph – 29.027 mph.

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We will recall the collinear momentum formula S1 = S3 + Lower µ (0.2) S1 = 27.392 +

(

)(

and solve for S1:

Upper µ (0.4) )

S1 = 29.027 +

(

S1 = 27.392 +

S1 = 29.027 +

S1 = 27.392 + 18.123

S1 = 29.027 + 19.205

S1 = 45.515

S1 = 48.232

)(

)

This formula yields a minimum pre-collision speed of between 45.515 mph – 48.232 mph for Cruiser #59.

Video/Audio Evidence This crash was video recorded. Although it is tempting to believe this simple statement will lead us to a quick and easy understanding of the crash event, merely seeing and hearing the crash does not answer all our questions. While the recordings offer excellent context and overall insight into what happened, they also fail to properly address the finer details of the incident and, in some cases, provide information that is at least misleading and at most false. (further explained below) Our video recordings come from two separate but related sources, the cruiser video systems (CVS) of Cruiser #59 (Officer Paynter) and Cruiser #50 (Officer Greene).

These systems involve on-board recording equipment that video records through forward-facing cameras and audio records through microphones, which may be mounted inside the cruisers and/or on the officers themselves. The recordings are digitally stored on memory cards inside the respective cruisers and cannot be viewed in real time. Limited (and varying) vehicle performance/status parameters are superimposed on the video recordings by the CVS. The cruisers’ video systems continuously receive video input from the camera, but they do not necessarily record the input. The recording (capturing) of video and audio is triggered when the cruiser’s emergency beacons are activated. As these cruisers’ CVSs are programmed, when the beacons are activated, the prior 30 seconds of inputted video is captured. This provides a 30-second look-back prior to the activation of the recording. There is no such look-back for capturing the audio recording, which begins at the time of activation and no sooner.

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Typically, when such a CVS is activated by turning on the cruiser’s beacons, we will expect to see the beginning of a video recording which replays (mute) for 30 seconds. After 30 seconds have passed, we will see the emergency beacons activate and hear the audio recording begin. This is exactly what we see and hear for both cruisers.

While both cruisers had similar systems, they were not identical. Some parameters record on one cruiser, but not the other. The (various) parameters are: Date and Time:

Both CVSs accurately displayed the date and time of the recording, with the time displaying to the whole second.

Using radio transmissions as a benchmark, we know the times displayed by the respective cruisers’ CVSs are synchronized.

(L)ights:

For both cruisers, when the cruiser’s emergency beacons are activated, the CVS denotes this by superimposing a letter L on the recording. When the beacons are turned off, the L disappears. The functionality of this feature on each cruiser can be verified by watching the front push-bumpers of the cruisers. The beacons, when activated, can clearly be seen reflecting from the top of the cruisers’ respective pushbumpers.

(B)rakes:

For both cruisers, when the cruiser’s brakes are applied, the CVS denotes this by superimposing a letter B on the recording.

Unlike the use of emergency beacons, the appearance of “B” and the actual use of brakes cannot be visually verified.

However, in watching the recordings and observing the actions of the vehicles, the context of the driving, and the appearance/disappearance of the “B”, both cruisers’ CVSs appeared to be accurately recording the respective vehicles’ braking activity. No reason was found to doubt the accuracy of the CVSs’ display of “B”.

Unit Number:

For both cruisers, the cruiser’s number is superimposed on the recording by the CVS.

Officer’s Name:

For both cruisers, the officer’s name is superimposed on the recording by the CVS.

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Call Number:

For Cruiser #50, but not Cruiser #59, the officer’s call number is superimposed on the recording by the CVS. (Upper Arlington Police assign individual call numbers to officers that are irrespective of the cruiser number they may be assigned to during any given tour of duty.)

Vehicle Speed:

For Cruiser #59, but not Cruiser #50, the vehicle’s speed is superimposed on the recording by the CVS. The speed displayed by the CVS cannot be verified. This is further discussed below.

Agency:

For Cruiser #50, but not Cruiser #59, the agency’s name is superimposed on the recording by the CVS. Cruiser #59

Date/Time Speed Unit Number (L)ights Name

Call # Agency

Cruiser #50

(B)rakes

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As stated above, the speed displayed on the CVS recording cannot be verified as accurate at any specific point in time. Although it may give generally reliable readings over time, specific, instantaneous readings cannot be obtained because the speed displays are updated once per whole-second, not smoothly and continuously. Such readings may be reliable for a vehicle driving at or near a steady speed, but rapid acceleration, deceleration, or crashing will outpace the ability of the CVS to accurately provide us with speed data. This is what I meant when I earlier stated the information on the recording can be at least misleading and at most, false. To illustrate this, we can see that immediately after the crash, both vehicles slid to a stop. Cruiser #59’s CVS continued to record and display vehicle speed. However, the CVS incrementally displayed speeds as 52mph, 43mph, 31mph, 18mph, 6mph, 2mph, and 1mph in the seven seconds after the cruiser had stopped. These particular speeds were obviously false.

The cruiser videos do provide us with valuable information, but it must be used cautiously given these shortcomings.

In addition to the CVS recordings, I also obtained the radio communications between and among the police dispatcher and the cruisers. By piecing together the audio recordings from the communications center and the audio captured by the cruisers’ CVSs, we can create an interlaced timeline to textually display the events: (Note: Although I was able to determine both cruisers’ CVS times were synchronized with one another, I also determined that the time stamps on the communications center recordings were five seconds ahead of the CVS time. This discrepancy has no bearing on this investigation as it relates to the crash event, but I listed both times (“CVS” and “Radio”) for each observed activity, regardless of the source of the information.)

Time

Radio Transmission

01:30:52 (CVS) 01:30:57 (Radio) 01:30:55 (CVS) 01:31:00 (Radio)

Cruiser #10: “Ten”

Cruiser #59 Video Officer Paynter is driving eastbound on Wickliffe Rd., east of Kioka Ave. His beacons are off and his CVS has not yet begun audio recording.

Cruiser #50 Video

Outside Agency Assist - Perry Twp. Fatal Crash – October 18, 2013 Page 23 of 42 Time 01:31:02 (CVS) 01:31:07 (Radio) 01:31:04 (CVS) 01:31:09 (Radio) 01:31:10 (CVS)

Radio Transmission

Cruiser #59 Video

Dispatcher: “S-10, go ahead.”

Cruiser #10: “(disregard) Ten to Five-three and all available units, possible forty-one at McDonalds on Henderson Road.”

Unidentified: “Copy.”

01:31:15 (Radio) 01:31:12 (CVS)

Officer Paynter stops his cruiser on Wickliffe Rd. and begins a 180 degree turnaround maneuver, backing into the driveway of 2579 Wickliffe Rd. While turning around, Officer Paynter activates the cruiser’s beacons. This activates the CVS’s audio recording and captures the 30-second look-back CVS video recording.

Officer Paynter completes his turn around and is now driving westbound on Wickliffe Rd., east of Kioka Ave.

01:31:17 (Radio) 01:31:22 (CVS) 01:31:27 (Radio) 01:31:24 (CVS) 01:31:29 (Radio) 01:31:25 (CVS)

Officer Greene pulls out of a parking lot at 2140 Riverside Dr. and begins driving northbound on Riverside Dr. at Trabue Rd. His beacons are off and his CVS has not yet begun audio recording.

01:31:30 (Radio)

01:31:26 (CVS) 01:31:31 (Radio)

Cruiser #50 Video

Cruiser #53: “Five-three, coming up on the rear.”

Officer Paynter activates the cruiser’s siren while westbound on Wickliffe Rd. east of Kioka Ave.

Outside Agency Assist - Perry Twp. Fatal Crash – October 18, 2013 Page 24 of 42 Time 01:31:29 (CVS) 01:31:34 (Radio) 01:31:35 (CVS) 01:31:40 (Radio) 01:31:42 (CVS)

Radio Transmission

(Unidentified): “All units, Detective (unintelligible) desk… they tried... they contacted McDonalds, no response.”

Officer Paynter turns left from westbound Wickliffe Rd. to southbound Kioka Ave. Officer Paynter turns right from southbound Kioka Ave. to westbound Wickliffe Rd. Officer Paynter deactivates his siren, but he leaves his beacons on while continuing westbound on Wickliffe Rd.

Cruiser #53: “Five-three copies, I see the CPD unit.”

01:31:55 (Radio) 01:31:55 (CVS)

Officer Green passes northbound through the intersection of Riverside Dr. and W. Lane Ave. He activates his cruiser’s beacons and siren. This activates the CVS’s audio recording and captures the 30-second look-back CVS video recording.

01:32:00 (Radio)

01:32:03 (CVS) 01:32:08 (Radio) 01:32:08 (CVS) 01:32:13 (Radio)

Cruiser #50 Video

Despatcher: “Five-three on the rear.”

01:31:47 (Radio) 01:31:46 (CVS) 01:31:49 (Radio) 01:31:50 (CVS)

Cruiser #59 Video

Cruiser #53: “Five-three to the other cars, I’m at the… a… south… east side… the east corner watching the back door.”

Officer Paynter passes Wickliffe Woods Ct. as the roadway curves 90 degrees to the right from westbound Wickliffe Rd. to northbound Sunset Dr. Officer Paynter continues northbound on Sunset Dr., passing Swansea Rd. and Woodstock Rd.

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Radio Transmission

01:32:19 (CVS) 01:32:24 (Radio) 01:32:22 (CVS) 01:32:27 (Radio) 01:32:28 (CVS) 01:32:33 (Radio) 01:32:30 (CVS) 01:32:35 (Radio) 01:32:33 01:32:44 (CVS) 01:32:38 01:32:49 (Radio) 01:32:45 (CVS) 01:32:50 (Radio) 01:32:46 (CVS) 01:32:51 (Radio)

Cruiser #10: “Ten, I copy southeast corner.”

Cruiser #59 Video As Officer Paynter approaches Nottingham Rd., he yelps his siren three times and then turns left from northbound Sunset Dr. to westbound Nottingham Rd. Officer Paynter completes his left turn and turns/leaves his siren on as he continues westbound on Nottingham Rd. Officer Paynter begins a right turn from westbound Nottingham Rd. to northbound Riverside Dr. Officer Paynter completes his right turn into the left lane of northbound Riverside Dr. Officer Paynter continues northbound in the left lane of Riverside Dr. with lights and siren active. The traffic light for northbound Riverside Dr. is visible and is green.

As Officer Paynter approaches the intersection of Fishinger Rd., the light for northbound Riverside Dr. changes from green to yellow.

The Toyota can be seen crossing the stop bar and entering the intersection westbound from the east.

The traffic light facing westbound Fishinger Rd is visible and is red.

Cruiser #50 Video

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Radio Transmission

01:32:47 (CVS) 01:32:52 (Radio)

Cruiser #59 Video Officer Paynter begins to brake and move his cruiser from the left northbound lane into the right northbound lane of Riverside Dr. We hear the cruiser’s tires squeal and the CVS indicates he is braking before Officer Paynter leaves his lane.

Cruiser #50 Video

The Toyota enters the intersection completely and comes to a stop.

Our last glimpse of the traffic light shows northbound Riverside Dr. to be yellow while westbound Fishinger Rd. is still red.

The cruiser strikes the driver side of the Toyota.

The cruiser and the Toyota, now paired together, slide to a stop northbound on Riverside Dr.

01:32:47 – 01:32:53 (CVS) 01:32:52 – 01:32:58 (Radio) 01:32:59 (CVS) 01:33:04 (Radio) 01:33:10 (CVS) 01:33:15 (Radio) 01:33:15 (CVS) 01:33:20 (Radio)

Cruiser #59: “Five-nine, ten-five at Riverside and Nottingham, I’m hurt… send me a medic… tenfive.”

Dispatcher: “Ten-five.”

Officer Paynter attempts to transmit on his radio, “Fivenine, crash at Riverside and Nottingham, ten-five…”

This attempted transmission does not broadcast.

Officer Paynter makes a successful radio transmission and we hear a distant siren approaching.

The approaching siren gets louder.

Officer Greene is northbound Riverside Dr. passing through the intersection of Nottingham Rd. Officer Greene completes the curve on Riverside Dr. north of Nottingham Rd. and Cruiser #59’s beacons come into view.

Outside Agency Assist - Perry Twp. Fatal Crash – October 18, 2013 Page 27 of 42 Time 01:33:21 (CVS) 01:33:26 (Radio) 01:33:28 (CVS) 01:33:33 (Radio)

01:33:30 (CVS) 01:33:35 (Radio) 01:33:38 (CVS) 01:33:43 (Radio) 01:33:40 (CVS) 01:33:44 (Radio) 01:33:43 (CVS)

Radio Transmission Cruiser #10: “Ten to Twelve, can you take that?”

Cruiser #12: “Twelve, I couldn’t copy, can you repeat?”

Cruiser #59 Video The approaching siren gets louder.

Cruiser #50 Video Officer Greene is approaching the intersection from the south.

The cruiser we heard approaching arrives and the siren stops.

Officer Greene arrives at the intersection of Riverside Dr. and Fishinger Rd. He drives through the crash debris and stops his cruiser just south of final rest of the wrecked cars.

He shuts off his siren.

Cruiser #10: “Ten-five, Nottingham and Riverside, I believe… with a…

Paynter… start that way.”

Officer Paynter attempts to transmit: “Five-nine, I’m trapped… Five-nine Riverside…” This does not broadcast Cruiser #50: “Fifty, change that to Fishinger and Riverside, I’m with him.”

Officer Greene runs up to the wreckage while broadcasting the correct location.

Dispatcher: “Copy.”

01:33:48 (Radio)

Crash Data Retrieval (CDR) System Cruiser #59 was equipped with a Bosch Crash Data Retrieval (CDR) system. The CDR system is an on-board computer program that receives data from several other on-board computer programs. These systems (and subsequently the data recorded by the CDR) vary not only between vehicle manufacturers, but between manufacturers’ models and even different model years. The Toyota had no such system at all.

The CDR system for the 2009 Ford Crown Victoria receives information from the Event Data Recorder (EDR), which records data during an “event” as defined by its software, such as a collision and/or an airbag deployment. The EDR itself receives

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data from two other sources: the Restraint Control Module (RCM) and the Powertrain Control Module (PCM).

The RCM monitors: The driver’s side and passenger’s side seatbelt circuits The driver’s seat track position The side impact sensors The front impact sensors Whether or not the passenger seat is occupied Whether or not an airbag underwent a one or two stage deployment The times of airbag deployment Whether or not either front seatbelt pretensioner deployed, and the respective times Whether or not a side airbag deployment took place Whether or not there are any faults detected in the RCM systems Further, the RCM will gather data during an event, at intervals of 0.8 milliseconds (eight ten-thousandths of a second). This data includes the change in longitudinal acceleration (positive or negative Gs) as well as the longitudinal cumulative delta V (change in velocity in miles per hour). This data is locked by a restraint deployment.

Cruiser #59 recorded RCM data from the crash event. This data indicates the following: Cruiser #59’s restraint system was operational Officer Paynter’s seatbelt was not fastened The passenger side front seat was occupied by something (the officer’s gear bag) but the weight on the seat was insufficient to allow a passenger side airbag deployment (a child safety feature). Therefore, the passenger side airbag was disabled The passenger side front seatbelt was unfastened Neither the driver side nor passenger side front seatbelt pretensioners deployed (because both seatbelts were unfastened) The driver side front airbag underwent a two-stage deployment No side impact event was locked

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The PCM monitors: Time relative to a defined “event” Whether or not a Restraint Deployment Signal was received The vehicle’s indicated speed The percentage of accelerator applied The percentage of throttle Whether or not the brake switch was applied Whether or not the brake stability control had been activated/deactivated Whether or not the ABS braking was active Whether the transmission was in neutral, reverse, or neither Whether or not the speed (“Cruise”) control was on The engine RPM The driveline torque (commanded and actual) Whether or not the traction control and stability control were active The time elapsed since the last ignition cycle began (up to a max of 63.75 seconds) The PCM receives its data from an on-board Data Recording Device (DRD), which in this case records the above parameters in a continuous loop, consisting of 126 recordings taken at 0.2 second intervals, making a 25.2 second recording loop that overwrites itself until instructed by a Restraint Deployment Signal (RDS) to “lock” the data.

The PCM record begins 20.2 seconds prior to the collision (RCM event trigger) and continues through 5.0 seconds after the collision. As I did before with the CVS and radio recordings, I have created a timeline interlacing the CVS and PCM recordings.

Whereas before I presented a broad overview of the incident with times given in whole-second increments, I can now present more specific information in 1/30th second (0.033-second) increments. I also can now show specific and reliable speeds obtained by the PCM through the CDR. This analysis, covering a 33-second time span and at 0.033-second increments, includes 1,000 frames reviewed. The entire comprehensive timeline is appended to this narrative, but the pertinent elements are as follows:

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01:32:27.000

Cruiser #59 is westbound on Nottingham Rd., approaching the intersection with Riverside Dr. The emergency beacons and siren are activated and will remain so throughout the incident (although the siren will be silenced/ destroyed during the crash).

The traffic light for westbound Nottingham Rd. is red and the light for southbound Riverside Dr. has just turned yellow.

The CVS displays a speed of 45 mph and the brake is activated as the cruiser is slowing to make a right turn onto northbound Riverside Dr. This continues for 0.700 second until…

01:32:27.700

The cruiser’s PCM record begins. This denotes the beginning of the look-back data capture and we know the RDS will send an event signal 20.2 seconds from this point.

The PCM indicates that Officer Paynter’s foot is off the accelerator and on the brake pedal and the cruiser is decelerating from 28 mph through 15 mph.

This status and deceleration is consistent over 1.300 seconds until…

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01:32:29.000

The cruiser begins to turn right onto northbound Riverside Dr. The PCM indicates Officer Paynter continues to slow the cruiser in the beginning of the turn for another 0.300 second until…

01:32:29.300

Officer Paynter releases the brake pedal. The PCM indicates a speed of 11 mph. He will not begin to accelerate for another 0.200 second until…

01:32:29.500

Officer Paynter begins to accelerate the cruiser while completing the turn onto Riverside Dr. from Nottingham Rd. The accelerator use goes from 1% through 100% and the throttle opens from 6% through 99%.

The cruiser accelerates from a PCM-indicated speed of 11 mph through 32 mph (with a 0.400 second interim peak of 34 mph) over 3.500 seconds until…

01:32:33.000

The cruiser has completed the turn onto Riverside Dr. and almost immediately begins rounding the curve to the northwest.

The cruiser continues around the curve with the PCM indicating accelerator use between 85% and 100%, throttle opening at 99%, and

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speed accelerating from 34 mph through 43 mph.

This continues for 1.633 seconds until…

01:32:34.633

Green lights

01:32:38.533 Red lights

Green lights

While the cruiser is still rounding the curve on northbound Riverside Dr., the traffic signal at Fishinger Rd. comes into full view.

Both northbound lights are green. The cruiser continues rounding the curve. The PCM indicates accelerator use between 85% and 100%, throttle open at 99%, and speed accelerating through 62 mph. This lasts another 3.900 seconds until…

The cruiser completes rounding the curve and is now driving straight northwestbound on Riverside Dr. The PCM indicates accelerator use between 66% and 96%, throttle open between 80% and 99%, and the speed accelerating through 86 mph. The Fishinger Rd. traffic signal comes into view. The light for northbound Riverside Dr. is green and the light for westbound Fishinger Rd. can be identified as red. This lasts for 7.167 seconds until…

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01:32:45.700

Red lights

Yellow lights

The traffic signal for northbound Riverside Dr. at Fishinger Rd. changes from green to yellow. The PCM shows accelerator use at 92%, throttle open at 99%, and the speed at 86 mph.

(We know from the traffic signal function report that the cruiser could have been no closer than 233 feet south of the intersection, or the light would not have been eligible for an immediate call from Fishinger Rd. traffic.)

The cruiser continues for another 0.367 second until…

01:32:46.067 Red lights

Yellow lights

We see the first glimpse of the westbound Toyota’s headlight(s) as it begins to enter the intersection from the east.

The PCM shows that nearly immediately (0.033 second)…

Headlight

01:32:46.100 Red lights

Yellow lights

Toyota

Officer Paynter lifts his foot from the accelerator. The PCM records the accelerator use drops to 0.5% while the throttle drops to 15%.

The speed remains at 86 mph.

The cruiser continues northbound on Riverside Dr. while the Toyota continues to

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enter the intersection from the east. The PCM data shows the accelerator use drops to 0%, the throttle drops to 14% and the speed drops to 85 mph over another 0.400 second until…

01:32:46.500 Red lights

The PCM data records Officer Paynter activating the brake pedal. The accelerator is at 0% and the throttle is at 12.5%.

The recorded speed is 86 mph.

Yellow lights

Officer Paynter continues to brake and, after another 0.400 second, the antilock braking system (ABS)

Toyota

activates.

Officer Paynter brakes hard as the vehicle decelerates through 77 MPH until…

01:32:47.000

Yellow lights

01:32:47.300

Yellow lights

Officer Paynter begins to swerve to the right (east) while continuing to brake heavily. The cruiser decelerates through 73 mph and continues to veer into the right lane of northbound Riverside Dr. over another 0.300 second until…

The Toyota stops within the intersection and within the right lane of northbound Riverside Dr.

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The cruiser, however, is continuing to brake heavily and veer into that same lane.

The cruiser decelerates through 49 mph over another 0.600 second until…

01:32:47.900

Cruiser #59 collides with the driver side of the Toyota as the Toyota is stopped within the intersection.

The RCM sends an event signal to the CRD and commands it to capture the event data and PCM lookback data.

The PCM data indicates Officer Paynter’s foot came off the brake pedal and went back down on the accelerator. (The crash is ongoing at this point and it is likely Officer Paynter, who is unrestrained and colliding with the headliner of his own vehicle, has no purposeful control of his own feet.) The accelerator use shows 100% while the throttle is at 99%. However, the PCM shows the engine RPMs dropping quickly. The accelerator is being depressed and the throttle is being commanded to open, but the engine has become disabled and is coming to a stop. The cruiser speed drops from 49 mph to 39 mph in .200 second.

This remains fairly consistent while the post-collision cars slide northbound on Riverside Dr. over the next 1.80 seconds, until…

01:32:49.700

The traffic signal for northbound Riverside Dr. (which is now behind the cars) would have turned red. The cars continue to slide northbound another 1.60 seconds until…

Outside Agency Assist - Perry Twp. Fatal Crash – October 18, 2013 Page 36 of 42

01:32:51.300

The PCM shows the cruiser’s RPMs have dropped to 0 and the heavily damaged engine has quit. However, the accelerator is still at 100% and the throttle is at 91.5%. The speed is reading 16 mph as the cars continue to slide and decelerate for another 0.400 second until…

01:32:51.700

The traffic signal for westbound Fishinger Rd. (which is behind the cars) would have turned green. The cars continue to slide northbound for another 1.200 seconds until…

01:32:52.900

The PCM record stops.

This final reading shows accelerator use at 100%, throttle at 99.5 % and RPMs at 0. The final recorded speed is 5 mph.

However, the cars will continue to slide for another 0.100 second until…

01:32:53.000

The cars come to final rest.

There is no longer any recorded PCM data, but the CVS is displaying an erroneous speed of 52 mph. It will be another 7.267 seconds before the CVS speed incrementally drops to 0 mph.

CVS Speed

Other Evidence Sought In addition to the evidence and information already presented, I sought and/or reviewed the following: CVS recordings from Upper Arlington Police cruisers #54, #L11, and #S10.

Each of these recordings showed the respective units’ responses, but each unit arrived well after the crash and none provided any insight into the crash event.

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Security video from the McDonalds restaurant at 3746 Riverside Dr. (southeast corner of Riverside Dr. and Fishinger Rd.) These recordings did not capture the intersection or the crash.

Security video from The Big Fat Greek Kuzina/Feta Express restaurant at 2816 Fishinger Rd. This business had what appeared to be a security camera mounted outside the front door. I visited this restaurant on October 21, 2013 and requested any video in their possession they may have had. No one I talked to seemed to know anything and the manager has failed to contact me as I have requested. No recordings have been reviewed, or confirmed to exist.

Statement of Columbus Police Officer Bradley Thiel #2168, Helicopter Unit.

Officer Thiel was the observer in the helicopter that arrived overhead shortly after the crash. Officer Thiel reported that he did not witness the crash, but arrived to observe the immediate aftermath.

Statement of Upper Arlington Police Officer Shawn Paynter.

Officer Paynter described hearing and responding to the Robbery In-Progress call.

His entire statement appends this narrative, but what is significant, and independent of our earlier observations, is his description of when he saw the Toyota and how and why he responded in the manner he did.

He stated: “Prior to the collision, I had been driving in the northbound center lane of Riverside Drive. When responding to an emergency, I have been trained to drive as close to the center of the street as possible, in order to leave the most room to maneuver on all sides. My recent training includes a tactical driving course at the Ohio Police Officers’ Training Academy (sic) (OPOTA), which was held in July 2013. In that course, I received instruction in collision avoidance techniques.

One instructed maneuver was to attempt to steer behind a vehicle that is in front of and traveling perpendicular to your cruiser. I was instructed that this makes it more likely to avoid a collision with such a vehicle (or at least the passenger compartment of such a vehicle) that is crossing the cruiser’s path.”

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“When I was nearing the front (west side) of the McDonald’s, I saw that the traffic light at the intersection of Riverside Drive and Fishinger road was still green in my direction. At almost the same instant, I saw a small car driving westbound on Fishinger Road into the intersection with Riverside Drive and into my path of travel. I knew that I would not be able to stop the cruiser short of the intersection, so I immediately attempted to steer my cruiser toward the right northbound lane of travel. It was my intention in that moment to try to pass around the back of the small car in an attempt to avoid a collision. I quickly realized that the small car was coming to a stop, and a collision would be unavoidable.”

“Immediately prior to the collision with the vehicle that was traveling westbound on Fishinger Road, I had attempted to steer behind the rear of the vehicle, but the vehicle stopped unexpectedly in the intersection directly in front of my cruiser and I had no time to avoid a collision.”

“My cruiser struck the driver’s side of the small car before I could take any other evasive maneuver.”

Why? In a traffic crash reconstruction, we can reasonably answer what happened and how it happened, as I have endeavored to do here. However, one of the most difficult questions to answer, and indeed the question that often remains unanswered, is why the crash occurred.

Due to the technology at hand (CVS recordings and CDR data) our insight into this crash necessarily focuses on the actions of Cruiser #59 and its driver, Officer Paynter. Also, the officer himself can answer many of our questions related to why he did what he did. However, we have no such technology to similarly track the actions of the Toyota, nor do we have any statements from its driver, Mr. Shahad.

Although we now know that Mr. Shahad entered the intersection against the red traffic light, we struggle to answer why.

When viewing Cruiser #59’s CVS recording, we see the Toyota enter the intersection as described in detail above. However, what cannot be adequately depicted in this format (print), is the manner in which the vehicle decelerated to a near stop as it entered the intersection, and then resumed its course very briefly before again braking, this time to a complete stop. It appears as if the driver were braking steadily and firmly as he entered the intersection, but released the brake before stopping, only to almost immediately resume braking to a full stop. Of

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course, our visual observation of the recording is all we have, as there is no way to demonstrate exactly what the driver was doing.

We can explore, to a certain degree, whether or not Mr. Shahad was somehow unable to stop short of entering the intersection. I attempted to address this by inspecting the Toyota’s brakes.

I removed and inspected both the inner and outer brake pads from the Toyota’s right front disc brakes. The inner pad measured 12mm while the outer pad measured 10mm. These measurements respectively represent 80% and 67% of the original thickness of 15mm.

Right Front Inner-Pad

I also removed the right rear wheel drum and inspected the rear brake shoes in place. The forward shoe measured 3mm while the aft shoe measured 3.5mm.

These measurements respectively represent 60% and 70% of the original thickness of 5mm.

Right Rear Aft-Shoe

I was not able to measure the left side wheels due to the crash damage. Also, brake fluid levels and quality could not be inspected due to crash damage.

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The brake pads/shoes themselves do not support an argument that, due to poor brakes alone, Mr. Shahad was unable to stop short of the intersection. However, there are other factors beyond mere brake pad/shoe thickness. As stated above, the vehicle was loaded with 726 lbs. of passengers, taking the vehicle up to a minimum weight of 3,139.38 lbs., excluding gasoline and general cargo (which could not be measured due to the crash damage). This represents a minimum of 90% of the designed gross vehicle weight of 3,515 lbs. Add to this the vehicle was traveling downhill while braking, and it may have been possible that the Toyota was unable to stop short of the intersection, even with adequate brake pads and shoes. Further, we have no way of knowing what the Toyota’s speed was when Mr. Shahad began his attempt to stop.

There may have been no mechanical reason at all for Mr. Shahad not stopping before entering the intersection. He may simply have run the red light because he was fatigued or distracted. Given the late hour and the four children on board ranging from 2 to 16 years-old, either may reasonably be the case.

We do know from his autopsy report that nothing was found in his blood or vitreous fluids that would indicate impairment.

Mr. Shahad had a valid Ohio driver’s license with a corrective lenses restriction.

However, due to the crash damage, there is no way to conclude whether or not he had been wearing glasses at the time of the crash. His Ohio license history dates back to March of 2011, only 2 ½ years prior to this incident. Within that time, Mr. Shahad had been involved in three traffic crashes, two of which were intersection related. However, Mr. Shahad was not found to have been at fault in any of these crashes, so no patterns or driving habits could be reasonably inferred.

Unfortunately for us as investigators and, more importantly, the surviving Badi family, we may never know with any certainty why Mr. Shahad ran the light. We only know with certainty that he ran the light.

Crash Summary On October 18, 2013 at 1:32 AM, Officer Shawn Paynter, a 30 year-old police officer with just less than 6 years employed with his agency, was working alone in marked Upper Arlington Police Cruiser #59 and was responding to a Robbery-InProgress call. He was operating with emergency lights and siren. His route to the robbery took him northbound on Riverside Dr. (U.S. 33) through Perry Township.

At this same time, Mr. Eid Badi Shahad, a 39 year-old father of 9, who had immigrated from Iraq approximately three years earlier, was driving with his wife Entisar Hameed (31) and their four daughters: Shuaa Badi (16), Amna Badi (14),

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Ekbal Badi (12), and Lina Badi (2). These six members of the Badi family were in a 1999 Toyota Corolla with Mr. Shahad unrestrained in the driver’s seat, Ms. Hameed belted in the front passenger seat, and all four Badi girls unrestrained in the back seat. They were coming from a friend’s house after celebrating Eid ul Adha and are thought to have been en route to their home on the far west side of Columbus.

They were driving westbound on Fishinger Rd., perhaps with the intention of continuing on to I-270 via Cemetery Rd. Before reaching the intersection of Riverside Dr. and Fishinger Rd., Officer Paynter had been responding to the robbery for approximately two minutes, covering approximately one mile. He had had his emergency beacons on for the last 90 seconds and his siren had been on (uninterrupted) for the last 46 seconds, since before he emerged from a residential area and entered northbound Riverside Dr. from Nottingham Rd. After turning onto northbound Riverside Dr. from Nottingham Rd., Officer Paynter accelerated steadily over approximately 16.2 seconds, covering approximately a quarter mile. He had positioned the cruiser in the left (inside) northbound lane, as far as possible from the right curb and any potential hazards. He had a clear view of the green northbound traffic lights from at least two-tenths of a mile south of the intersection. There was no other traffic visible to him. His cruiser’s speed accelerated from 11 mph (during his turn) up through a peak speed of 86 mph, which he would maintain for less than two seconds.

Mr. Shahad was driving westbound on Fishinger Rd. and approached the intersection of Riverside Dr. He was faced with a red traffic light that had been red for an undetermined amount of time, but at least for the 12 seconds immediately before he entered the intersection.

Officer Paynter had active emergency lights and siren; a clear, straight, dry roadway; no known traffic; and most importantly, the right of way through a signaled intersection.

Mr. Shahad approached the same intersection while faced with a stale red light.

Mr. Shahad’s Toyota crossed the Fishinger Rd. traffic signal loop (30.67 feet east of the intersection) before Officer Paynter crossed the Riverside Dr. traffic signal loop (233.00 feet south of the intersection). This caused the Riverside Dr. (Officer Paynter’s) light to immediately change to yellow.

[Although Officer Paynter recalls he responded when he saw the “small car driving westbound” entering the intersection, it is instead likely he began to react when his traffic light turned yellow. I base this on his reaction time as recorded by the cruiser’s PCM. The time between the Riverside Dr. light changing to yellow and

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Officer Paynter’s first recorded reaction (lifting his foot off the accelerator) is a remarkably fast 0.400 second. However, the time between the first view of the Toyota’s headlight emerging from the east and Officer Paynter’s first recorded reaction is an improbable 0.033 second. In either event, Officer Paynter appears to have reacted very quickly.]

Officer Paynter, more than 233 feet south of the intersection, stopped accelerating and began to panic-brake. He was able to shed approximately 11 mph as he perceived the Toyota was traveling westbound through the intersection in front of his cruiser. He continued panic-braking and began to steer to the right in an attempt to get behind the Toyota and allow it to pass through to the west.

Unfortunately, Mr. Shahad appears to have seen/heard the cruiser and reacted by stopping quickly. This put him at a stop in the intersection directly in the cruiser’s path.

Officer Paynter continued to panic-brake as he completed his lane change into the right lane and, unwittingly, onto a collision course with the now-stopped Toyota.

While doing this, he was able to shed another 26 mph from his cruiser’s speed.

The cruiser slowed to a minimum approximate speed of 45 to 49 miles per hour before impacting the left side of the Toyota.

Officer Paynter, who was unrestrained, continued forward and collided with the headliner/sun visor of his cruiser while his right foot slid off the brake pedal and depressed the accelerator pedal, but to no effect.

The Badi family each suffered fatal head and neck injuries.

Both cars slid northbound to rest.

Conclusions While it has been my privilege to assist the Perry Township Police Department with this reconstruction and report, I will defer any final conclusions and disposition to Perry Township Police Chief Robert Oppenheimer or his designee.

Sgt. Brooke Wilson #5120 Accident Reconstructionist Columbus Division of Police Accident Investigation Unit