Linn County prosecutors cracking down on criminals who try to flee

CEDAR RAPIDS - The Linn County Attorney's Office is cracking down on offenders who try to run from police for speeding and traffic violations, because they are wanted in another crime or because they are trying to escape capture after committing a crime.

Linn County Attorney Jerry Vander Sanden said the attempt-to-elude offenses, which can be a misdemeanor or felony, aren't 'merely a traffic violation - it's a serious crime” that poses risks to police and the public.

Vander Sanden came up with the policy, which started Jan. 31, after reviewing statistics that showed an 'alarming” increase in the number of these cases in recent years. These types of charges have nearly doubled in three years - going from 45 in 2014 to 88 in 2017.

Some of the recent incidents have resulted in fatal crashes with others who had no connection to the defendant or crime - except for being another driver on the road.

Vander Sanden pointed out one example in April 2015. In that case, Lawson Chadwick, 50, of Cedar Rapids, led police on a high-speed chase while driving under the influence of methamphetamine and amphetamines. Chadwick ran a stop sign and crashed into a van driven by Stephen J. Cook, 35, of Palo.

Cook, a Cedar Rapids Water Division worker and Palo volunteer firefighter, was ejected from the van and died the next day.

Chadwick was charged with homicide by vehicle while under the influence of drugs and first-degree theft as a habitual offender. He is serving 40 years in prison.

'I think the average person would be surprised at how common those who commit this offense also receive either a deferred judgment or suspended sentence with no jail time to serve,” Vander Sanden said.

He pointed out many of the people who run from police already have warrants for their arrest or may have an illegal gun as a felon or drugs.

The new policy calls for prosecutors to ask for more jail and prison time in these circumstances.

Vander Sanden listed several examples of those who reoffend after given probation:

l Jeremy Mirkes, who was charged with felony attempt to elude in 2016 after he led officers on a chase resulting in a crash that injured his passenger. He pleaded guilty and got probation.

Mirkes later absconded from probation, and Vander Sanden filed to revoke the probation. When Mirkes was found, a judge released him pending a hearing. But two days later, Mirkes again was arrested after leading police on another chase in Washington County that ended when he crashed into a police vehicle.

Vander Sanden then asked for another probation revoke, but this time Mirkes was placed on work release - until he escaped for about five weeks in 2017. When he was arrested again this year, the court revoked probation and sentenced him to a five-year prison term May 21.

l James Surrett, 50, of Cedar Rapids, led police on a chase that reached up to 100 mph through the city before he crashed into a school bus and pickup truck driven by a pregnant woman on First Street SW, near Riverside Park.

Surrett then posted bail but was arrested again about eight days later after authorities said he assaulted and confined a woman against her will and threatened her. While out on bail, he was driving a stolen car. He led marshals and state troopers on a chase through Benton and Iowa counties because he had violated a no-contact order.

Surrett, who already had eight felony convictions, was sentence to 15 years in prison in 2015, but was paroled in 2017. Just two months ago, he was arrested on a drunken driving charge. Parole officials recommended no bail pending a parole revocation hearing.

The new policy also requires prosecutors to file the most serious attempt-to-elude charge that is supported by the evidence in the case. The standard charge is a serious misdemeanor, but that can be enhanced depending on speed or if the person is fleeing from police after committing a crime, such as a robbery or burglary.

An aggravated misdemeanor attempt to elude is driving 25 mph over the speed limit and comes with a two-year jail term, according to law. The charge increases to a felony if the violator is driving over 25 mph beyond the speed limit and participating in a felony; driving drunk or under the influence of drugs; or of the fleeing results in bodily injury to a person. Then the punishment increases to five years in prison.

The policy doesn't allow dismissal of charges or plea agreements on the attempt-to-elude charges, except under 'exceptional circumstances,” Vander Sanden said.

Attempt-to-elude cases stand out from many other crimes because most come with 'convincing” evidence, he said - videotaped proof, since most police cars are equipped with dashboard cameras that capture the chase.

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com