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Fiery crash kills siblings after chase

Driver, 15, of stolen truck may face felony charges

Emily Bittner
The Arizona Republic
Dec. 12, 2003 12:00 AM



Related link
12 News video: Car theft in Tempe leads to fiery fatal crash

Two children are dead and a teenager may face manslaughter charges after driving a stolen pickup into a gravel truck early Thursday morning following a freeway police chase, sheriff's officials said.

The driver, Jose Dominguez, 15, was ejected from the 2002 Dodge Ram at the accident scene, the southbound off-ramp of the Loop 101 Freeway. He was in fair condition at Scottsdale Healthcare Osborn. The gravel truck driver was treated at the scene, said Lisa Allen-MacPherson, a spokeswoman for the Maricopa County Sheriff's Office.

The two dead, a 12-year-old boy and his 17-year-old sister, were from Mesa, but their names were not released pending an autopsy.

Dominguez identified them from his hospital bed and their family has been notified, but his relationship to the victims is unclear, Allen-MacPherson said.

Dominguez is accused of stealing a similar Dodge Ram from Chandler and fleeing from police after they tried to stop him, according to Mesa police reports. He was detained, and his case was referred to juvenile court last month.

The events leading up to Thursday's fatal collision began in the early morning at a Tempe apartment complex in the 2000 block of East Broadway Road.

Around 3:30 a.m., Matt Penkert, 26, heard the sound of his truck's exhaust pipes. He ran out into the parking lot to see its taillights vanishing in the distance.

"What's going on with their parents that those kids are out and about?" Penkert asked. "It's a school night. The last thing I would expect is that a 12-year-old is stealing my truck."

A Tempe police officer spotted the truck on McKellips Road and followed it, Allen-MacPherson said.

Police sent an officer to the apartment with Penkert.

"The truck took off once they realized the cop was following them," Penkert said he was told. The officer never had a chance to turn on the patrol car's flashing lights because backup hadn't arrived, he said.

The Sheriff's Office is investigating whether the Tempe officer followed department pursuit policies, Allen-MacPherson said.

Tempe policy requires officers not to pursue people in non-violent felonies, misdemeanor crimes and civil traffic infractions.

Officers can pursue suspects in the case of a violent felony and "the need to immediately apprehend the suspect is necessary to prevent further risks to the public," according to the policy.

Tempe police took the unusual step of requesting that the Sheriff's Office investigate Thursday's incident.

"In light of instances we have seen, not only here in the Valley but around the country . . . having an independent agency do the investigation seemed appropriate," said Sgt. Dan Masters, a spokesman for the Tempe Police Department.

Police pursuit policy has come into question nationally as authorities question its safety and efficacy.

Allen-MacPherson declined to say if the officer used his emergency flashing lights or sirens, key components of a chase.

"We don't release tidbits of our investigation," Allen-MacPherson said. "We release the investigation when it's finished. When it's concluded, we'll have information for you as to whether lights were on and sirens were on."

The stolen truck's route and whether the officer stayed with the truck the whole time is unknown, authorities said.

"We had it going both north and south on the highway," Allen-MacPherson said.

The stolen truck eventually headed south on the 101, exiting at McKellips at about 100 mph, she said.

She said their exact speed is unknown.

"We can just surmise that it must have been a high rate of speed given the fireball that ensued," she said.

The gravel truck was headed east on McKellips and was probably passing through a green light when the truck hit it, authorities said.

Fire broke out during the collision and the bodies of the two killed were "engulfed" in flames, Allen-MacPherson said.



Senta Scarborough contributed to this article. Reach the reporter at emily.bittner@arizonarepublic.com or (602) 444-6846.



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