07.01.2006 - Coopersburg Patrolman Matthew J. Hinkel raced to assist state police in Lower Milford Township on a non-emergency call in December. His siren off, he sped about 40 mph over the posted limit on W. State Street near Hillside Drive in Upper Saucon Township, state police said.
There, according to a state police reconstructionist, Hinkel lost control of his cruiser, crossed into the opposite lane and smashed into a car driven by Shirley Tuomela, a 70-year-old grandmother of six who was headed to a diner and then the hospital to see her husband. She died a few hours later, three days before Christmas.
Lehigh County District Attorney James Martin announced Friday that ''Hinkel recklessly or with gross negligence'' caused Tuomela's death. He approved a count of homicide by vehicle and involuntary manslaughter, two counts of reckless endangerment, plus careless driving, reckless driving and speeding.
Martin said the state police investigation revealed Hinkel was driving his Ford Crown Victoria Police Interceptor between 62 and 68 mph in a 25-mph zone. In addition, the crash site has a sign that recommends reducing speed to 20 mph, Martin said.
''It is always unfortunate when criminal charges are brought against a fellow law enforcement officer,'' he said. ''However I am satisfied that in this case, these charges are warranted given the non-emergency situation and the extremely high rate of speed officer Hinkel was driving at the time of this crash.''
Hinkel, 28, of 5601 Lower Macungie Road, Lower Macungie Township, was arraigned Thursday before District Judge David Harding and released on $30,000 unsecured bail. He has been on administrative duties since the crash.
Officer Jeffrey Kipp, who was Hinkel's passenger, has recovered from leg injuries enough that he may be able to return to work in about a month, Coopersburg Chief Daniel Trexler said.
Martin said police departments typically have policies on driving procedures. Coopersburg's policy states that ''Emergency response speeds shall not exceed the posted speed limit by more than 20 mph.''
''Here, Officer Hinkel was operating his vehicle at a speed 37 mph to 43 mph greater than the posted speed limit and 17 mph and 23 mph in excess of the stated policy and no emergency existed,'' he said. State police said Hinkel was headed west on W. State Street at 7:32 p.m. on Dec. 22 and Tuomela, who was with her 48-year-old son Darrell, was in the eastbound lane.
Hinkel was headed to a home in the 1500 block of Gable Drive in Lower Milford Township where state troopers from the Fogelsville barracks needed assistance looking for a man wanted on a warrant, Martin said. The Fogelsville troopers told dispatchers to send available Coopersburg units ''if they can go out,'' according to transcripts of radio transmissions.
Tuomela was headed to the Coopersburg Diner to visit her granddaughter and then to St. Luke's Hospital-Fountain Hill, where her husband was coming home after a follow-up visit for cancer treatments, her family said.
Trooper Brian Vadell, a state police collision analyst and reconstruction specialist, said Hinkel was going 62 to 68 mph when he passed Hillside Drive. His right rear tire left the north edge of the road, Vadell said. In an attempt to regain control, Hinkel steered sharply to the left, Vadell said.
Hinkel's cruiser then crossed into the eastbound lane into Tuomela's path. The right side of the cruiser struck the front of Tuomela's car, Martin said.
Tuomela, her son and Kipp were taken to Lehigh Valley Hospital-Cedar Crest. Tuomela died about three hours later. Her death was attributed to blunt force trauma to the chest; the manner of death was ruled as accidental.
Tuomela's son suffered broken bones in his wrists and leg and Kipp was treated for leg injuries.
According to court documents, one witness told police that she was in her living room watching television when she heard the dispatch on her police scanner.
''After the county gave them directions, I saw the cruiser flying by,'' the witness said. ''I thought to myself 'if he doesn't slow down, he is going to launch it at Hillside Drive.'''
Since his wife's death, Alvin Tuomela said he's had to learn to cook, wash his own clothes and clean up around his home.
The 72-year-old said he and his wife would have celebrated their 50th anniversary this year. The two met while attending Friedensville Evangelical Lutheran Church when they were teenagers. They spoke during youth group, dated and then married in 1956. He was an electrical designer at Air Products, and she was a housewife who loved to bowl, said Carolyn Tuomela, her daughter.
She had more than 50 trophies at her home, and in her younger years was a consistent 200-bowler and was still throwing strikes in the days before her death, she said.
''She was the heart and soul of the family,'' Carolyn Tuomela said.
Alvin Tuomela said he is glad to see charges filed against the person responsible for his wife's death, even if he is a police officer. Carolyn Tuomela said Hinkel should never be allowed to drive.
Attorney Mark D. Crossley of Allentown said he has filed claims on behalf of Shirley and Darrel Tuomela with the borough's and Hinkel's insurance companies. Depending on the outcome of those claims, he may or may not file a lawsuit, he said.
Hinkel's attorney, John Waldron, said he is still studying the case and said, ''One of the things I will investigate is if this was a non-emergency call.''
He said Hinkel, who did not wish to comment at his home Friday, is very upset.
''He feels that he was trying to do the right thing,'' Waldron said. ''It was not malicious, not intentional. He's received calls from other police officers who feel for him because they can be in the same situation as him.''
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