7/25/99

By Dan Towery

On March 21, 1999 Sarah Towery and Chip Smith were killed by a drunk driver (Jeffery A. Trout) in Lafayette, Indiana. Trout was also killed. He was a repeat drunk driver offender with a long history of contempt for the judicial system. This tragic incident need not have happened. Since the crash we have learned a lot about how the judicial system works and about the lack of communication among various law enforcement agencies, between different states, and even between neighboring counties. Although Trout was the primary cause of the crash, there are numerous individuals, businesses, government agencies, and the judicial system, that allowed this tragedy to occur and must bear some of the responsibility.

This document outlines some drunk driving reform initiatives that will reduce future drunk driving tragedies, assign financial responsibility for irresponsible behavior, and create a more efficient judicial system. Some changes are fairly simple and should be reasonably easy to enact; others require a major shift at either the state and/or federal level to enact.

People's reactions to this issue are interesting. We have found that most individuals do not want to deal with this issue, which is too scary, foreboding, or uncomfortable. Individuals do not like to think that a drunk driver may kill a loved one or even oneself in an instant. It always happens to someone else. Most people are much more comfortable with “happy” thoughts rather than thinking about their own vulnerability. This was certainly my viewpoint before that mild March afternoon.

Even those involved with alcohol-related driving issues in Indiana have tended to focus their efforts on changing the legal Blood Alcohol Level (BAC) from the current .10 to .08. Although this is important, educating people about on how many drinks it takes to reach the .08 or .10 level is more important than establishing a lower legal limit. But this discussion is meaningless when dealing with people like Trout, who had a BAC of .27, over 2 1/2 times legal limit in Indiana and over 3 times the legal limit in states with a BAC legal limit of .08.

If stricter drunk driving penalties are enacted, some will claim that individual's rights are being violated. But these proposed reforms are in fact in response to Sarah's and Chip’s rights, which were extremely violated - they were killed and denied a future. Drunk driver's rights are lost only because of their own actions. If individuals cannot act responsibly on their own, then it is the responsibility of government leadership to provide the rules and structure needed to protect innocent people from these irresponsible individuals.

These reforms are for the “future potential victims,” those whose lives may be saved, either from traumatic injuries or from death. 

First, authorities need to admit there is a problem with the “system.” When questioned, many become rather defensive. In fact, only after pressing with multiple follow-up questions could I obtain the true details of how things operate. If I represent John Q. Citizen, I, like most of the population, was very naive in assuming that the authorities had the best practical system operating to protect citizens from criminals, including repeat drunk drivers. The reality is the system somewhat works, some of the time. But it doesn’t have to be that way. Given current technology and a change in the laws and legal interpretation, a major transformation could occur in the way our judicial system functions and handles issues such as drunken driving.

The basic premise of the judicial system is that if an individual breaks the law, he or she must suffer the consequences. Currently, our judicial system includes many judges who treat drunk drivers with a small fine and probation, not only for the first offense but also for the second, third, and even fourth drunk driving convictions. If offenders believe that probation is the only likely outcome from driving drunk, then they feel little need to change their behavior. In effect, these judges' rulings are like the parents who tell a child, “Don’t do that,” but don't reinforce the ruling. They just keep telling Johnny, “Don’t do that,” over and over again and then wonder why Johnny doesn’t mind.

The perception is that driving drunk is “not that big a deal” because if the officials were serious, then there would be more serious repercussions for this behavior. This attitude must change, but I also realize that you can’t put everyone in jail. There are cost-effective alternatives that are currently available but not being used.

About a month before the fatal March 21st date, Sarah had scheduled a weekend visit to our home in Lafayette. Sarah lived just south of Springfield, Illinois, worked full-time as the office manager at an engineering firm (PSI), and was attending the University of Illinois at Springfield part-time. She was taking two classes per semester and would have graduated in May 2000 with a B.A. in business and minor in international relations. She had met Chip, who also worked at the same engineering firm as a drill rig operator, about six months earlier. Although we had met Chip before, this was his first trip to Lafayette. I still feel guilty about him coming to visit us in Indiana and returning home in a box. Sarah always seemed to have a boyfriend, but as we were scheduling the date for this visit, she asked us twice to make sure this weekend was special. She had never asked this before. We don’t know how serious Sarah and Chip were, but they seemed like a couple made for each other. They supported each other, encouraged each other, and made each other happy. Chip had been a volunteer fireman for the Riverton Volunteer Fire Department since he was sixteen (his dad is chief for the Riverton Volunteer Fire department and has been a volunteer fireman for years) and was taking classes to become an emergency medical technician. The EMT certification would allow Chip to be more competitive to become a full-time fireman.

We met them for lunch on Saturday in Lebanon, went to the IMAX theater (Chip had not been to a 3-D movie before) in Indianapolis, and then played games and looked at picture albums (Sarah’s baby pictures for Chip’s benefit) Saturday night. On Sunday, I made homemade waffles. We decided to take a hike along a stream near Attica, which was also on the way home for Sarah and Chip, before we parted. Because it was on their way home, we drove separately with them following us.

About 2:45 p.m. we were traveling on 350 South, a city street that is straight, flat, and relatively wide (it had recently been upgraded due to Lafayette’s building boom). It was a typical early spring day, slightly overcast and a little cool but pretty nice for March. This section of the road was at that time wide open with few buildings on either side. We were traveling about 45-50 MPH when I noticed a pick-up truck coming toward us that had crossed the centerline. The pick-up had forced the car ahead of us over onto the shoulder, and I started to reduce speed and move to the shoulder also. After the driver of the pick-up crossed the centerline, he steered the truck back to the right. As he went past us it appeared that he was using a cell phone (later it was confirmed that he was arguing with his girlfriend on the cell phone) as he was steering with only one hand. He swerved off onto the shoulder of the road, and I thought he was going into the ditch. Instead, he jerked the steering wheel hard to the left, greatly overcorrecting his trajectory and heading directly toward the Camry with Sarah and Chip.

Margie and I saw the horrific impact in our rearview mirrors and were approximately 300 feet ahead of Chip’s Camry at the time of the impact. Trout’s full-size pick-up was traveling in excess of 70 MPH and Chip’s vehicle was going about 45 MPH when they struck head on. Because Trout had overcorrected his steering and because of his speed, the truck’s right wheels were in the air when the impact occurred. The force of the collision knocked the Camry 30 feet backwards and 30 feet to the right of the road’s pavement. The Camry rolled 360 degrees. It came to rest on its wheels, pointed in the same direction it was traveling, parallel to the road. Sarah and Chip were both wearing their seat belts and the Camry’s air bags deployed but the entire front of the car was pushed into the front seat. Trout’s pick-up landed on its side. He was partially ejected (he was not wearing a seat belt), and the truck caught on fire. Margie and I were the first back to the scene but all we could do was tell the kids to hang on and that we loved them. They were trapped in their seats, both reclining at about a 45-degree angle and unconscious. Neither was bleeding or had any obvious injuries. There was nothing we could do to help them. A little later I did reach in and gently brushed glass fragments from Sarah’s eyes. I was afraid the glass might cut her eyes.

A nurse in the vehicle in front of us came back to help. Sarah had a thready pulse but was not breathing; Chip had no pulse and was not breathing. A Lafayette fireman, Richard Doyle, was in the car right behind Sarah and Chip; he immediately radioed for assistance. Richard had lost his eighteen-year-old son only 1/3 of a mile further up the road in a head-on collision just four months earlier (the other driver fell asleep). A new fire station is only about a mile down the road, and the fire department personnel were at the scene very quickly. The fire in the truck was blazing more intensely with each passing minute. Four or five other motorists had stopped to help. Disregarding their own safety, they rocked the truck in an effort to get the driver out of the burning truck. After several attempts, they were able to pull him through the passenger side window.

After pulling Trout out and seeing his head injuries, all but one of these individuals “lost it” and left him lying just outside of the truck. The flames were now  20-30 feet in the air and the pickup was only 20 feet from the Camry. There was concern the gas tank would explode. The initial fire truck was just pulling up and I knew it would take awhile for them to get their equipment out. One of the guys who helped rock the truck and I grabbed Trout, one at each shoulder, and pulled him 20 feet away from the burning truck. Meanwhile I stood between Chip and the burning truck to try and protect him from the flames or if the gas tank should explode. However, only a minute or two passed before the fire department had their hoses out and extinguished the flames.

Richard Doyle used a stool from the Camry to break the rear passenger window and started to give Sarah CPR. The paramedics could not find even faint a pulse for Chip.

It seemed an eternity before another emergency vehicle brought the “Jaws of Life” which was needed to extract Sarah and Chip. We know that, for all intents and purposes, Chip and Sarah were killed instantly. The force of the impact caused massive brain injuries. Due to the seat belt and air bag, the only other injury Sarah suffered was a broken pelvis and a few scratches. (This really shows how these devices help reduce injuries.)

Because Sarah still had a slight pulse, the paramedics and fireman concentrated on extracting her from the vehicle. Both Margie and I were in shock at this time. The firemen made us stand back as they worked to free Sarah. Margie and I decided that I would ride in the ambulance with Sarah and she would take our dog home and meet us at the hospital.

The paramedics started working feverishly on Sarah immediately. I rode in the front seat of the ambulance. As we were pulling away, I saw two firemen placing a tarp over the Camry with Chip still in the driver’s seat. I knew then that he was probably dead. The ride to St. Elizabeth hospital took about 10 minutes. During this time, they kept CPR going constantly. I was somewhat upset when Sarah threw up (something that often occurs when one receives CPR) and they didn't try to clean it up. She would have been very upset to be so messy. Upon entering the hospital emergency room ambulance bay, they cut away Sarah’s bra and began to electroshock her heart into beating again. It seemed liked we stayed in the ambulance, just outside the emergency room doors for quite some time. I lost track but they must have shocked her four or five times before her heart restarted.

I know that before the paramedics made us leave the Camry, while they were extracting Sarah, her pupils were fixed and dilated. But even when they wheeled her into the emergency room, I still thought she would recover. On the TV shows, they shock people to restart the heart all the time, and they recover. I was even thinking about the changes we would have to make at home to accommodate Sarah during her recovery.

Margie returned to the hospital, and I started to make calls to family members. We were absolutely frantic, as we only knew Chip’s last name as Smith. We had no idea what his father’s first name was, and when I called information, there were over 200 Smiths in the Springfield telephone directory. This anxiety was heightened, as we couldn’t find out where Chip was taken. No one seemed to know anything. We couldn’t understand: If he wasn’t at St. E’s or at Home hospital, then where was he? We found out later that Chip was declared dead at the scene and was taken directly to the morgue. Diane Begley, the emergency room doctor on duty, informed us that she was quite concerned because Sarah was not capable of breathing on her own. Richard Doyle and his wife, Sandy, came to the hospital and sat with us till other family members began to arrive. Words cannot describe their help and comfort as we waited for more information on Sarah’s condition.

The brain CAT scan confirmed Dr. Begley’s concern; Sarah's injuries were not survivable. We wanted to know, were they 110% certain? What were the options? We wanted to keep Sarah alive until all the family members arrived and could say their good-byes. The emergency room staff felt it might be possible with drugs to keep her stabilized for just a few hours. She was moved to the intensive care unit. We also decided to proceed with organ harvest donation so Sarah's death could benefit others. All immediate family members arrived within four hours, and a more sophisticated brain scan showed there was no brain activity. The official time of death was 10:15 pm. The intensive care staff tried to keep Sarah stable, as the harvest donation team would not arrive until 6 a.m. Unfortunately, the drugs needed to keep her stable were also making it impossible to harvest her major organs. We made the decision to stop the drugs and to turn off the ventilator. The machines were turned off at 12:30 a.m. on March 22nd.

The team was able to harvest Sarah’s corneas, heart valves, and some skin tissue, because these organs are not as sensitive to the drugs as the major organs, such as the heart. Sarah enjoyed helping people and would be glad to know that even in her death she could make someone's life better.

We decided to have Sarah cremated. Margie and I had decided to do this in the event of our own deaths long ago but we had never talked to Sarah about it. Death usually isn’t a topic in a conversation with a healthy young adult and her parents. Jeep and Jodie, Chip’s parents, and Margie and I decided that we would have a joint visitation but separate memorial services. At Sarah’s memorial service, we played some of her favorite songs, such as the Titanic soundtrack (her favorite movie), John Denver’s “Leaving on a Jet Plane,” and Garth Brook’s, “The Dance” (the first song Sarah and Chip danced to). Margie read some comments we had written about Sarah. Since we had decided to have an open mike, I made some comments about Sarah and the little things in life and even forgave Trout, thinking that he didn’t want to die and that it was an accident. (We found out about the BAC of .27 the day after the funeral. Now if anyone mentions the “accident,” I am quick to correct him or her, saying that it was not an accident. It was a crash and it was murder.) Four young women spoke, each saying that Sarah was her best friend. Her boss also spoke. We really felt that giving anyone who wanted a chance to pay tribute to Sarah was really special. She would have liked that.

Since Sarah loved to travel (she went to England with one of her best friends last fall) and loved to dream about visiting new and exciting places, we are trying to scatter some of her ashes in the places she loved and/or dreamed of visiting. Margie and I were also determined to make some positive things happen out of this. We set up a scholarship fund at the University of Illinois at Springfield, especially for part-time students. As previously mentioned, some of Sarah’s organs were harvested to help others. We shipped some of Sarah’s winter clothes to the Kosovo refugees. We gave money to Lincoln Library in Springfield because Sarah loved to read. We made a donation to the local humane society in her memory as well. 

We are trying to make some sense out of this, but our lives will never be the same. I don’t think the ache will ever go away. I still feel guilty that I couldn’t protect her; I should have been able to. The fact that Sarah and Chip were following me somehow makes me feel responsible for leading them into the path of an out-of-control truck. Intellectually I know this is not rational thinking but emotionally it will not go away.

We let Sarah struggle and make her own decisions. We knew that this was best for her, and she was very independent. But I always told her, if you ever get in a real bind, I will always be there for you, you can always count on me. But I wasn’t there for her, I couldn’t help her. I wasn’t able to do anything in the two seconds it took for a drunk driver to end Sarah’s and Chip’s lives.

But I promised her that she and Chip would not be just another statistic, that I would do everything I could to see that their deaths prompt some type of change, that there would be fewer drunk-driving victims in the future. After all, if we can’t learn from our past mistakes and initiate the needed transformation to prevent those same mistakes from occurring over and over, then what kind of society are we? When I made that promise, little did I realize how much change was needed. These recommendations are strictly a result of the circumstances surrounding Sarah and Chip’s deaths. I am sure there are other circumstances that need to be considered, but when even these listed recommendations are enacted, a fundamental transformation will have occurred.

Jeffrey A. Trout, aka Jeffrey A. Pedone, was born on August 6, 1959, raised in Southern California, and moved to Indiana in 1993. His psychological profile indicated that his father, Don Trout, moved from California to Indiana when Jeff was seven years old, abandoning him. Jeff lacked structure in his life and began drinking in the seventh grade. He had no contact with Don Trout and no nurturing relationship developed with his stepfather. He was drunk the first time at age 12 and by 19 was usually drunk at least three times a week. The July 1995 assessment, conducted by Larry Todd, M.S. Tippecanoe County, indicated that 4-6 beers at noon, a 6-pack in the evening, and a pint of 90% bourbon later in the evening was typical. The report also indicated that he experimented with marijuana and cocaine but alcohol was his “drug of choice.” Trout was at high risk for a full relapse; he was an alcoholic and he was drug dependent.

Jeffrey A. Trout used the name Jeffrey A Pedone while living in California. He used the social security number 570-27-5077 while in California with the Pedone name and 609-52-9768 with the Jeffrey A. Trout name. We do not known how he was able to obtain a new social security number. Was some false identification used? We also do not known if other names and/or social security numbers were used. The court records in Tippecanoe County include mentions of a prior OWI in Arizona and a robbery conviction in California.

The law enforcement agencies could not help track down Trout’s record because he was killed; regulations prevented a fingerprint search from being done. Mike Langford, our civil trial attorney, hired a private investigator to track Trout’s record. However, all of our searches were based on name and social security number. When searching current computer files by name, a single different letter may result in failure to find a match. It is very easy for a typing error to result in “no match” when searching court records, let alone if an individual purposefully changes his or her name, or uses different permutations of his name.

At this time it is still not clear if a fingerprint search was actually done with all of Trout’s other arrests.. The sheriff of Boone County indicated that fingerprints are sent to the state police and/or FBI but they don’t always request a search be conducted. 

The earlier computer search of Tippecanoe court documents made reference only to a previous OWI in Arizona and a robbery conviction in California. When I went to the courthouse to search the court files, I found information giving the county and dates for these two convictions. This was helpful as our investigator was initially doing a search county by county. A firm was hired to conduct a statewide search in California but came up empty. A 1982 conviction for robbery in Orange County, California was eventually found. But even though the Tippecanoe County court files referenced an OWI in Mohave County, Arizona, no information regarding this arrest and conviction was located in that county’s court records. Following is what has been located in various court records:

Because cross-state checks for prior OWI convictions are not consistently done, those prior OWIs are not always used to determine the total number of OWIs. In addition, the frequency of plea-bargaining the charges down to a misdemeanor, makes it difficult to track true felony arrests. Changing one’s name from state to state makes it very easy for the authorities to lose track of actual prior arrests and convictions. Fingerprints are usually taken of an arrestee at booking but a fingerprint check may not be requested (depending on the seriousness of the crime).

In addition, there is no automated system to notify other counties where an individual may be on probation. Thus, the county where the person is on probation may be completely unaware of subsequent arrests, that is, of probation violation. Picking up the telephone or sending a fax is the usual method if law enforcement personnel suspect the perpetrator is on probation. Current computer checks only show past arrests, convictions, and driver’s license restrictions for the given name.

For example, when Trout was booked in Boone County on 10/20/98, he was asked if he was on probation anywhere. He indicated that he was not, even though he was still on probation in Tippecanoe County for the 1995 convictions. No one verified that. If they had checked, his probation would have been revoked and he could have been arrested in Tippecanoe County. While he would have probably made bail and been released, his probation monitoring may have changed drastically (see item # 8).

Most states have statues allowing ignition interlock devices for OWI offenders. States have these statues because a federal bill was passed about ten years ago, which reduced federal highway funds, if the states did not allow this technology. Indiana passed such legislation and gave the judges complete discretion as to its implementation. I could only find one Indiana judge, Judge Rick Culver in Hancock County, who has been using the technology. He has used these devices consistently for five years. In fact, he has required these devices on over 1,200 vehicles and now requires these devices for every OWI offender.

The ignition interlock system looks like a CB radio. The driver must blow into a straw device attached to the main unit. If the BAC is above .025, the vehicle will not start. It also has a rolling retest and many other features to make it almost full-proof. It requires maintenance every two months at which time information is downloaded from the device, including the number of times alcohol is detected while trying to start the vehicle, level of insobriety, date and time vehicle is operated, if bypass of system was attempted, and many other features. This information would be very valuable to probation officers. An online computer system links the service center, corporate office, and court system to this information.  The cost is $60/month or $2/day and is paid for by the OWI offender. Typically Judge Culver requires the ignition interlock for two years but allows the device taken off after one year if their record is spotless, including the info from the device. Car stereo installers or equivalent frequently do the installation of the ignition interlock system. There are four companies that manufacture these devices. The research shows that these devices work.

Solution: Make ignition interlock devices or house arrest mandatory for all OWI offenders.  After six months of house arrest then the individual could have the ignition interlock devise installed.  The ignition interlock device would be installed on his or her car for at least two years. There should be no exceptions.  This will not only reduce the number of repeat offenders but also cause the casual drinkers to consider the consequences of having too many beers and driving. The roads will be much safer. Texas just passed legislation requiring the ignition interlock for every OWI in the state.

Contacts:

Judge Rich Culver
Hancock County Superior Court #2
Phone: 317/462-1115.

Brian Brees
Ignition Interlock Systems of Hancock County, Inc.
72 South Meridian
Greenfield, IN 46140
Phone: 317/462-4617
FAX: 317/462-6877
Voice Mail: 317/335-5625

Joe Sheram
Guardian Interlock Systems
Phone: 770/499-0499

National Highway Traffic Safety Administrating
http://www.hwysafety.org/facts/dui.htm

Ignition Interlock Group
Life Sciences Corporation
200 Girard Street, Suite 206
Gaithersburg, Maryland 20877
Phone: 301/212-9222
http://www.ignitioninterlock.com/body.html

Trout had 10 drinks in the space of 2 hours and 28 minutes served by Mirage bartender, James Irwin. Many of the drinks were doubles and triples, resulting in the equivalent of about 23 drinks with no food. Trout weighed about 215 lbs and the BAC of .27 works out with the expected formula. The Indiana Excise Police confiscated the surveillance video showing the number of drinks and time each drink was served.

The Mirage is required to quit serving alcohol between 3 AM and 6 AM according to its liquor license. However, the Mirage advertises that it is open 24 hours a day, so people can enjoy the gaming (gambling?) room.

Roger Heer is the sole owner of the Mirage, which is incorporated. Heer is also an insurance agent and operates “High Risk Insurance” next door to the Mirage. The Mirage’s initial lawyer indicated there was no dram shop insurance coverage. Twelve weeks after crash and after a change of the Mirage’s attorney, it was discovered that the Mirage did have some coverage. I have tried to discover which states require dram shop insurance as a condition of obtaining a liquor license, to no avail. Dram shop insurance is required in Illinois but not in Indiana. An insurance agent whom I talked to said it is morally and ethically a crime for an insurance agent to own a bar and not have dram shop insurance at the appropriate level.

Numerous states require state-approved training for bartenders prior to obtaining a bartender’s license. Bartenders must be able to recognize when someone has had too much to drink and to take the appropriate action to prevent them from injuring or killing themselves or someone else. While the bartender needs to screen patrons and possibly limit sales, the bar owner is interested in maximizing the number of drinks sold and increasing profits.

Depositions taken from Roger Heer and Diane Thompson, Mirage bartender, indicated that James Irwin received no training or did any other of the Mirage employees. The Indiana Alcoholic Beverage Commission places responsibility for bartender training with the bar owner. The state needs to ensure that such training is adequate and takes place.

James Irwin was employed by the Mirage for 6-8 weeks prior to the March 21 crash and did not have possession of a bartender’s permit at that time. Indiana statue allows one to serve alcohol for 30 days with a receipt and a permit application applied for. However, Irwin failed to include his court depositions with the application (resulting in an incomplete application), so the Indiana ABC returned his application.  He did not get the required court deposition until March 26, 1999 (5 days after the crash).  Yet the Indiana ABC issued a server's permit on April 20, 1999 (30 days after the crash).

Contacts:

Clifford Ong, Chairman
Indiana Alcoholic Beverage Commission
302 W. Washington St., Room E114
Indianapolis, Indiana 46204
Phone: 317/232-2430

Daniel Steiner, Executive Secretary
Indiana Alcoholic Beverage Commission
302 W. Washington St., Room E114
Indianapolis, Indiana 46204
Phone: 317/232-2430

Habitual offender not eligible for bartender’s license

James Irwin, Mirage bartender on March 21, had the following convictions:

In addition, he was convicted of another OWI and public indecency. Note: Information on Irwin's drug use, taken from his psychological profile and posted here earlier, has been removed from this site at Irwin's request. We obtained his psychological profile from the Tippecanoe County Courthouse, where court personnel copied it for us as part of his file.

If a licensed bartender is charged or convicted of serving alcohol to an intoxicated person, then their server's permit should be suspended upon being charged and revoked if convicted. In addition, they should not be eligible to obtain a server's permit in the future if convicted. If they weren’t paying attention during their training or didn’t take their responsibility seriously, then they do not deserve a second chance. Serving alcohol to an intoxicated person is like placing a loaded gun in his or her hand.

Trout did not have auto insurance on his truck with him as a listed driver. His auto insurance was cancelled in December 1998 due to the Boone County arrest for OWI in October.

Side note: Trout’s insurance company, Salina Mutual, knew about the OWI arrest in December but the "system" had no way of notifying the appropriate authorities. Insurance companies can do queries of high-risk individuals from Bureau of Motor Vehicle's computer records but law enforcement agencies and probation departments can?? Something is wrong here. 

Trout put the insurance in his girlfriend, Anica Gallivans, name without her knowledge. Anica lived at a different address than Trout, and she had her own car. There was no way Anica should have been listed as principal driver (at least not legally). However, because it was a commercial policy it was all legal.  Gary Houser, Trout’s insurance agent, had Trout sign a waiver stating that coverage was limited to drivers other than Trout. This seems like a pretty easy and slick way to "beat the system.” In addition, Anica received a telephone call from Trout at 10:30 AM on March 21,1999 and she could tell by his abusive nature that he was intoxicated. Trout called on his cell phone at Anica’s doorstep just before noon still agitated. Trout was on the cell phone arguing with Anica when he murdered Sarah and Chip.

Side note: The insurance was in Anicas's name with a waiver signed by Trout that he was not a covered driver. She knows that he is driving and that he is intoxicated, but she does not notify the authorities. Trout was arguing with Anica on the cell phone when he lost control and murdered Sarah and Chip. Again, Anica knew that he had been drinking but did not notify the authorities.

Angie Romack was the business manger for J.T. Enterprises, Trout’s construction firm. It appears that she was well aware of his drinking habits, trips to Indianapolis for cocaine, driver’s license suspension, and auto insurance cancellation.

Angie just happened to drive by the Mirage around 2:00 pm where she saw Trout’s truck parked outside. She went inside and saw that Trout was drunk. She claimed to have asked for his keys, but when he refused, she simply left. She did not call the authorities even though she knew he was drunk, had no driver’s license, and wasn’t covered by insurance.

Trout was arrested in Boone County by the Indiana State Police on October 19, 1998. He was charged with OWI, doing 104 MPH on Interstate 65, had no working brake lights on his truck (he was arrested at 10:56 PM), and was driving recklessly. He was released on October 20, 1998. Trout’s attorney, Nicholas Deets with the firm Heide Sandy Deets and Kennedy, requested a continuance on December 11, 1998. The Indiana State Patrolman,  had Trout on radar and Trout failed the breath test. A plea bargain had been agreed upon between Deets and the Boone County Deputy Prosecutor on February 8, 1999. Trout was to get six-months house arrest for this OWI charge. If a continuance had not been granted, then his probation violation in Tippecanoe County would have been picked up in the presentence investigation report. The plea agreement was to have been sanctioned by the court on April 9, 1999, just a little late for Sarah and Chip. Over four months elapsed between the time Trout was arrested for his fourth OWI (that we know about) and when he murdered Sarah and Chip.

Perhaps, defendants should be allowed a continuance for certain circumstances. However, if the BAC is over .15 and they request a continuance, and are found guilty, then fines are doubled, ignition interlock time is doubled, house arrest time is doubled, and work release time or jail time is doubled. Of course the courts need to hold up their end also. The courts must have the resources to prosecute in a timely fashion.

Probation officers are a very critical part of the judicial system that are often overlooked and taken for granted.  Trout’s probation officer in Tippecanoe County had served in that capacity since the 1995 OWI, hit and run, marijuana, unlicensed handgun and unlicensed shotgun convictions. For these crimes Trout only received four years of probation (plus 93 days in jail prior to the plea bargain). Trout's probation officer explained that in general, the type of charges and behavior dictate the amount of time he spends with each individual and the frequency of testing for alcohol and drug usage. Trout was nearing the end of his probation and had only been arrested for a speeding violation since the 1995 conviction; his probation status was such that he merely had to mail a post card every two weeks.

Trout's probation offcier ndicated that his current caseload is almost 300 cases. He also indicated that to do his job well, he could probably handle about 75 cases. If Trout's probation offcier had a manageable caseload would he have found out about Trout’s arrest in Boone County? We will never know. Trout could have then have been arrested for violating his probation.

A person’s record should travel with them regardless if they move to a different state. Many experts express dismay over the way previous OWI convictions are handled. Many times an individual can start with a clean slate just by moving to another state. States with different BAC levels are part of the problem. The way potential felonies are plea-bargained to misdemeanors makes it difficult if not impossible to know what the original charges were. Compound that with someone who moves to a different state periodically and you can end up with an individual with a number of misdemeanors when if known, the total charges and convictions would result in felony convictions and more severe penalties.

Side note: Having their license suspended does not stop repeat offenders from driving. Anecdotal evidence supports this. People convicted of OWI should not have a choice of a suspended license vs ignition interlock. While the OWI offender may claim he or she cannot afford the ignition interlock, courts should enforce the application of it.  If people can afford to get drunk, they can afford the ignition interlock ($2/day).

All facts and information presented are true based on the information currently available as of this date.