Strange Pursuit: September 1990:
Valley Police Department, Douglas County, Nebraska

Any law enforcement officer will tell you that ALL high speed vehicle pursuits are dangerous. In addition to being dangerous, this case got real strange.

Copied below, is the narrative from the actual case report. Names of complainants, witnesses, and suspects have been disguised. Names of law enforcement officials are accurately listed as they did in the original report. It should also be noted that in the convention of the time, the officer writing the report, (in this case, me,) is known as the Reporting Officer or R/O.

At or about 1:15 AM, September 30, 1990, Reporting Officer V114, Randal R Schulze of the Valley Police Department was parked in the lot of the Union Pacific Railroad Depot, near the intersection of Front and Spruce Streets, in the City of Valley, Douglas County, Nebraska, observing traffic and activity in the downtown business district. The weather was clear skies with no wind at 53 degrees. The road surface was dry.

At that time, R/O observed two vehicles traveling east on nearby US-275 at a high rate of speed. The first vehicle, a light blue Ford Taurus, turned south onto Spruce Street, squealing its tires as it turned. The second vehicle, a blue Chevrolet Pickup Truck, followed after the Taurus at a distance of four to five feet behind, also squealing its tires. The Ford Taurus pulled into the lot near R/O and halted. R/O observed that the vehicle was occupied by a man driving, a woman, and a child. The driver shouted to R/O, pointing at the blue Chevrolet Pick Up, "Help us! That guy has been chasing us all the way from Fremont!" (The driver of the Taurus was later identified as Robert Txxxxxxx.) This portion of the incident was witnessed by Jason Hxxxxxx and Jennie Exxxxxx. See attached Written Statement by Jennie Exxxxxx.

R/O observed the Blue Chevrolet Pick Up, (hereafter referred to as the subject vehicle,) traveling south on Spruce Street at an estimated speed of 40 MPH in the posted 20 MPH zone. R/O pursued with red and blue emergency lights activated. The subject vehicle turned west on Second Street at a high rate of speed, traveling for a block to Locust Street, where it turned south at a high rate of speed. R/O activated the siren on the patrol car. The subject vehicle continued south to Church Street, where it turned east, and continuing back to Spruce Street. The subject vehicle turned north on Spruce Street, accelerating rapidly. R/O called in pursuit status, and read the license plate on the subject vehicle to read Nebraska COMM 1-25406. The subject vehicle traveled to the intersection of US-275, where it stopped at the red flashing signal before turning east. R/O continued pursuit, and obtained speeds of up to 95 MPH.

The subject vehicle, occupied by two males, continued east on US-275. In the area of CR-96, the subject vehicle passed a white Cadillac. (The occupants of the Cadillac where later identified as Dale and Brent Hxxxxxx.) About one quarter mile east of CR-96, the subject vehicle applied its brakes and skidded, and then continued. After another quarter mile, approaching the intersection of CR-92, it pulled across into the westbound lane, and again applied its brakes and skid. R/O, pulled to the left side of the subject vehicle to avoid collision. At this time, R/O observed the approaching, westbound flashing lights of Waterloo Police Chief, Edward Stribley.

The subject vehicle began to back up in reverse to attempt a backward U-turn. R/O blocked this maneuver. The subject vehicle then attempted a forward U-turn, which was also blocked by R/O. From this position, R/O found himself in a position of jeopardy, and believed that the subject would ram R/O's patrol car at the driver's side door. The subject vehicle was moving toward R/O's patrol car. R/O drew his 9mm service weapon, pointed it at the clearly visible subject driver, and ordered the subject to stop. The subject again backed up to the westbound shoulder of the highway, now facing west. By this time, Chief Stribley was behind the subject vehicle, blocking any reverse motion. R/O placed the patrol car in front of the subject vehicle blocking any forward motion. The subject vehicle was now "boxed in." The Hxxxxxx vehicle had pulled off the roadway into the eastbound ditch and stopped.

R/O and Stribley, with weapons drawn, cautiously approached the driver's side of the subject vehicle, ordering the occupants to place their hands on the ceiling. Neither subject complied. The subject began reaching for an unknown object inside of the vehicle. R/O placed the service weapon against the subject and again ordered his hands to the ceiling. The subject reached for the ignition key. R/O reached inside, and pulled the key. The subject began to shout that he was an Omaha Police Officer, on duty, in pursuit of a narcotics suspect, waiving a wallet as credentials, with only an Arizona Operator's License visible. At this point, the passenger began to get out of the subject vehicle. R/O ran around to confront the passenger, placing hand cuffs on the subject, and laying him face down on the pavement behind the subject vehicle for reasons of officer safety. The subject driver was now out of the vehicle, and fighting with Stribley. R/O assisted Stribley, where hand cuffs where placed on the subject, and the subject placed face down on the pavement. The subject continued to fight. Additional assistance was urgently requested.

First assistance to arrive was off duty Sgt Kurt Denker of the Elkhorn Police Department. The subject and passenger, now being secured, allowed R/O to examine the wallet which the subject had waived as police credentials. R/O found no police credentials. The subject continued to shout that he was an Omaha Police Officer, working a narcotics investigation. The subject demanded that Sgt George Cardenas of the Omaha Police Department be contacted, and that Officer Kavaleski of the Omaha Airport Police be contacted. The subject continued to fight. The subject was not able to name a police supervisor. The subject shouted that he was chasing the Ford Taurus because they where transporting "tons of marijuana." The subject was reminded that if he were indeed a police officer, he was off duty, and out of his jurisdiction. The subject replied that the entire United States was his jurisdiction, as he was a D.E.A. (Drug Enforcement Administration,) Agent. The subject then later told R/O that he was an investigator for the Nebraska State Patrol. Leg irons where placed on the subject's ankles to prevent him from additional kicking.

Once the scene was secure, R/O spoke to Dale and Brent Hxxxxxx. The Hxxxxxxs told R/O that west of Valley on US-275, the Ford Taurus, had pulled to the right side, off of the pavement, and passed the Hxxxxxx vehicle at an estimated speed of 80 MPH. The subject vehicle also passed in this manner, chasing the Ford Taurus.

It was determined that Chief Stribley would supervise the impound and inventory of the subject vehicle. Stribley located, concealed in the seat of the subject vehicle in an accessible manner, a knife with a nine inch blade.

Deputy Ritonya of the Douglas County Sheriff's Office would transport the passenger to the Sheriff's Office at Omaha. R/O, accompanied by Elkhorn Officer Jerry Bruna, would transport the subject driver to the same location.

While in route to the Sheriff's Office, the subject rambled about being from outer space, and cursed officers. The subject was advised of his constitutional rights by R/O. R/O asked the subject why he was chasing the Ford Taurus. The subject rep lied that he was not driving, that R/O was driving. The subject continued that he was a law enforcement officer. On again requesting the name of a supervisor, the subject replied that the information was highly confidential.

While in route, the subject remained combative, by kicking, and forcing himself from side to side, causing Bruna and R/O to restrain the subject.

While in route, a records check was requested via radio. The reply advised that the subject's record contained felony convictions, indicating violence. This information made it doubtful that the subject was a police officer.

At the Sheriff's Booking Office, Officers where met by Criminalistics Officer, David Sobotka. The subject continued to be combative, thus making it necessary to leave the hand cuffs and leg irons on the subject. It was necessary for Officer Bruna to stand by the subject to keep the subject seated in the chair. The subject was read the Implied Consent Advisement, Post Arrest, (Form 024-34-001.) The subject continued to shout and curse during the entire reading. The subject was asked directly by R/O, and also asked directly by Officer Sobotka if he would submit to a breath test. The subject continued to reply that he was not the driver of the subject vehicle, that R/O was the driver of that vehicle, and as such was not required to take a test. R/O asked the subject to respond with a simple yes or no if he would submit to a breath test. As heard by Officers Bruna, Sobotka, Deputy Ritonya, and R/O, the subject replied that he would not take any test. It was determined that the subject had clearly refused to submit to a breath test as per Implied Consent.

The subject refused to give officers any information regarding current address, and similar information. At some point, the subject stated that George Cardenas of the Omaha Police Department was the subject's father. It was confirmed that there is a Sgt George Cardenas employed with the Omaha Police Division. Omaha Police contacted Sgt Cardenas, who advised that he is no relation to the subject. Airport Police Officer Kaveleski was contacted via telephone by Officer Bruna. Kavaleski told Bruna that to his knowledge, the subject was not affiliated with any law enforcement agency, and that he only knew the subject as a neighbor. Kaveliski believes that the subject is employed at a restaurant.

So that research could be made as to the subject's identity for booking, the subject was taken to a holding cell, where the hand cuffs and leg irons where removed before the subject was locked into the cell. Before a prisoner is placed in a holding cell, Sheriff's Policy dictates that prisoners be searched, and all property removed and stored outside of the cell. During this required search, in the presence of Officer Bruna and Deputy Ritonya, R/O located in the subject's right side pants pocket, wrapped in an M&M's candy wrapper, a metal tube containing suspected residue of burned marijuana. R/O's training and experience caused R/O to recognized this item as one used for smoking marijuana.

During this time, R/O interviewed Pedro M Silva, the passenger from the subject vehicle. Silva spoke very little English, but did appear to cooperate. Silva told R/O that he did not know why the subject was chasing the Ford Taurus, and that he believed that Cardenas was "crazy." Silva told R/O that from time to time, he had turned off the ignition to the subject vehicle in an attempt to stop Cardenas. At the scene of the stop, R/O did observe a number of keys on the driver's side floor of the truck, indicating that someone might have pulled on the keys. Silva told R/O that he had turned off the ignition during the pursuit, preventing Cardenas from ramming a police car. Silva is not charged with any offense, and was released to go about his way after interview.

Once booking forms where prepared, Officers removed the subject from the holding cell. The subject was found to have been asleep, and appeared to be less combative. Restraints such as hands cuffs and leg irons where not used. The subject was escorted to the booking office, where a booking photograph was taken. The subject was not cooperative as Officers found it necessary to hold the subject in position for the photograph. The subject was asked to sign a finger print card before printing. The subject, standing with hands in his pockets, bent over the counter, grasped the finger print card in his mouth, and began to eat the card. The card was removed, and a new card placed before the subject. Officer Sobotka offered a pen to the subject, which the subject took with his teeth. The pen was taken from the subject, as an attempt to explain to the subject that he could not post bond until after the booking procedure had been completed, including finger printing. At this point the subject began to kick the counter, and physically resist officers. The subject was brought to the floor, where the subject began to fight in earnest. The hand cuffs were placed on one wrist of the subject as the subject continued to resist and fight.

Attempts to secure the subject other arm was so far, unsuccessful. R/O applied a Nova XR5000 Stun Gun to the subject. The subject stopped his resisting for about three to four seconds, then again began to resist in earnest. The Stun Gun was again applied until the subject's other arm was secured. The subject remained passive for about four to five seconds until he came around. The subject was placed in the chair, where the leg irons where again placed on the subject's ankles before transport to Corrections.

The subject was transported the Douglas County Corrections Center at Omaha, Nebraska. While in route, the subject made little or no comment. At corrections, the subject remained passive until restraints where removed. At this point, the subject complained of pain and/or illness. Corrections
Officers advised that the subject would be alright in their custody, and Police Officer departed.

R/O learned the identity of the occupants of the Blue Ford Taurus as Mr and Mrs Robert Txxxxxxx of Yutan, Nebraska. Mr Txxxxxxx was contacted by R/O via telephone. R/O was told that while Mr Txxxxxxx, his wife and daughter where on their was home from Fremont, Nebraska, they observed the subject vehicle pull out of the Lariat Club, located on US-275A, south of the City of Fremont, in Dodge County, Nebraska. The subject vehicle appeared to have run over something in the road, as the subject stopped in the road. The Txxxxxxxs passed the subject vehicle. The subject vehicle began to follow the Txxxxxxx vehicle closely. The Txxxxxxx vehicle pulled on to the shoulder to allow the subject vehicle to pass, but the subject vehicle also pulled on the shoulder and continued to chase. During the chase, the subject vehicle pulled along side the Txxxxxxx vehicle in the opposite lane, causing other vehicle to retreat from the road way. The Txxxxxxx's, feared for their personal safety. In an attempt to evade the subject vehicle, the Txxxxxxx's passed a white Cadilac on the right side shoulder. (The white Cadilac is believed to be the Hxxxxxx vehicle.) The subject vehicle also passed the white Cadilac, and continued to chase the Txxxxxxx vehicle. The Txxxxxxx's came into the City of Valley, where they located R/O, and reported the incident.

Per request of R/O, the Txxxxxxx Family was contacted and interviewed by a Sheriff's Deputy of the Saunders County Sheriff's Office, at the Txxxxxxx home in Yutan, Nebraska. A Written Statement was prepared by Debra A (Mrs Robert) Txxxxxxx regarding the incident. The Txxxxxxx Family continue to fear for their personal safety, and strongly desire that the subject not be informed of their whereabouts unless determined absolutely necessary by the County Attorney's Office. The Txxxxxxx's fear that the subject might attack them at home.


RANDAL R SCHULZE
OFFICER II,
V114, VALLEY POLICE
REPORTING OFFICER



SYNOPSIS:

The subject was arrested, and booked or cited for the following offenses, for the following reasons:

1) 39-669.07; OPERATING UNDER INFLUENCE OF ALCOHOL
Observations and evidence observed by Investigating
Officer have caused the opinion that the subject was
driving while under the influence of alcohol.

2) 39-669.08; REFUSE D.W.I. TEST
The subject clearly refused to submit to any tests of
any kind.

3) 28-905; OPERATE MOTOR VEHICLE TO AVOID ARREST
With Police Officer in pursuit, with active emergency
lights and siren, the subject made an attempt over a two
mile distance to evade apprehension, and made further
vehicle attempts to stop for police at scene of arrest.

4) 28-904: RESIST ARREST
With physical effort, the subject resisted arrest,
causing officers to utilize necessary, minimal force to
control the subject,

5) 28-1202; CARRY CONCEALED WEAPON
Located within the subject vehicle, hidden, but within
easy access to the subject, a knife with a nine inch
blade was located.

6) 28-610; IMPERSONATE PEACE OFFICER
The subject repeatedly, and loudly proclaimed that he
was an "on duty" undercover police officer, employed
with the Omaha Police Division, the Drug Enforcement
Administration, and the Nebraska State Patrol.

7) 28-907; FALSE INFORMATION
The subject repeatedly, and loudly proclaimed that he
was the son of Omaha Police Division, Sgt George
Cardenas, demanding that Sgt Cardenas be called.
Sgt Cardenas was called, and denies any relation or
knowledge of the subject.

8) 28-901; DISORDERLY CONDUCT
The subject, by force, violence, physical interference,
made attempts to obstruct, impair, or pervert the
administration of law enforcement from the time of
initial contact, through out booking, to incarceration,
To wit: Non cooperation through booking procedures,
finger printing, and photographing procedures by
continued violence, requiring physical restraint.

9) 28-439; POSSES DRUG PARAPHERNALIA
Located in the subject's physical possession, was an
instrument containing suspected burned marijuana
residue, used for the ingestion of marijuana.

10) 39-669.03; WILFUL RECKLESS DRIVING
As observed by a Police Officer, the subject's driving,
which included following too close at a high rate of
speed, speeding, driving left of center, backing against
traffic, disregard for traffic control signs and
signals, and nearly hitting a police vehicle with the
subject vehicle, endangering life, limb, and/or
property.

11) 60-570; PROOF OF FINANCIAL RESPONSIBILITY
No documents where located within the subject vehicle or
in the possession of the subject indicating Proof of
Insurance or Proof of Ownership.

 

Disposition:

The subject (via his attorney,) requested several continuances before finally requesting a Jury Trial about several months after the incident occurred. The subject failed to appear for his trial, and bench warrants were issue for his arrest. It is believed the subject left the State. By the time I left Nebraska in 1994, these warrants were still outstanding. As far as I know, the subject has not ever appeared in court for this incident.

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