Prosecutor’s review finds ‘alarming’ spike in eluding cases

CEDAR RAPIDS — There has been one incident of eluding police nearly every two days since January in Linn County, where a driver won’t pull over when an officer attempts to conduct a traffic stop and then typically takes off on a high-speed chase.

In looking at just one period from April 16-24, there were six eluding incidents, Linn County Attorney Nick Maybanks said. He has been reviewing these cases because he noticed the spike last month during his routine of filing criminal complaints each morning.

  Buy Photo

“The results were alarming, and the data was insightful,” Maybanks said. “We are on pace to charge more eluding offenses than we did in 2021 and 2022, despite increases in penalties for repeat offenders and unyielding prosecution of violators.”

While looking at previous years, he found 97 eluding charges were filed in 2020, 111 in 2021 and 112 last year. This year, based on the 44 charges so far, the office estimates it is on pace to file 129 eluding cases.

“Eluding the police is a seriously dangerous driving offense that puts the public at significant risk of personal injury and property damage on the roadways of Linn County,” Maybanks said. “When a driver makes the reckless decision to attempt to elude the police instead of immediately pulling over, there could be dangerous consequences for innocent victims, police officers and the offenders, as well as substantial criminal consequences.”

What’s also troubling is that the eluding incidents seem to more “brazen” than in the past, so Maybanks attempted to find out why drivers were running from police. He found the most frequent aggravating factors in cases filed this year are:

Some of the offenders had more than one aggravating factor, so a single incident can appear in more than one category.

In reviewing the cases to find out why drivers flee, Maybanks said one offender told officers “I was stupid.” Another said he was late for work. And one driver didn’t have an excuse and told police “This is awesome.”

“We had one person actually tell law enforcement that they had to get money to their sister so she could go to the mall,” Maybanks said.

According to a criminal complaint from Sunday, Aaren Lee Hoffman, 38, of Marion, was charged with felony eluding and other misdemeanors. Cedar Rapids police believed his erratic driving may be due to alcohol or drugs, but when they attempted to stop Hoffman, he led them on a high-speed chase, reaching 80 mph on Collins Road.

Marion police also responded, deploying stop sticks that flattened Hoffman’s tires near Lindale Mall. But he continued to drive to a residence in Marion, which later police found was his home. Hoffman then turned around his vehicle “as if to drive it at officers” but officers advised him to stop or “he would be shot,” the complaint stated.

He was arrested and found with marijuana and a pipe and had “severe odor of alcoholic beverage emanating” from him, according to the complaint. Hoffman also was driving on a barred Iowa driver’s license.

Maybanks said he has heard the “theory” raised that a person eludes police because the driver is simply afraid of law enforcement. He noted that his audit revealed only one case where an offender claimed to be “afraid,” and that offender did not specify the fear was of the police. Police noted the offender did have a suspended driver’s license.

Most drug offenses for personal use amounts, first or second drunken driving offenses and driving without a license are misdemeanors. But if that driver also makes the decision to elude police, that adds a felony charge that can result in prison time, Maybanks noted.

“Even in the case of a firearm charge or a stolen car charge that could be a felony, eluding only adds an extra felony on top of it,” Maybanks said.

Gov. Kim Reynolds last Friday signed into law House File 358, which makes any eluding offense where the offender exceeds the speed limit by 25 mph or more a felony. Offenders face up to five years in prison.

Previously, exceeding the speed limit by 25 mph or more plus another aggravating factor, such as being under the influence of alcohol, having drugs in the car or causing injury to another, warranted the felony charge.

The new law also includes harsher penalties for a person who commits a second offense of eluding — now facing a sentence of up to 10 years in prison.

Maybanks told The Gazette last July about a proposal he drafted for the new eluding law that he brought to the Iowa County Attorney’s Association and that was considered by the Legislature. With the governor’s signing, it goes into effect July 1.

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