Police Jumper July 2003 
2003 Reader Submission
Pending Acceptance
D.A. clears Holmen officer cleared
By DAN SPRINGER of the Tribune staff
A Holmen police officer will not face charges related to a July 17 incident in which a handcuffed woman was seriously injured when she tried to leap out the window of his moving squad car.
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In a report released Tuesday, authorities also said Officer Terry Kind's vehicle did not run over Felicia Foster, but she was dragged along the pavement after the handcuffs became caught in a rear wheel.
Foster, 18, is still being treated at Gundersen Lutheran Medical Center with head and other injuries.
At a press conference Tuesday, La Crosse District Attorney Scott Horne ruled out any criminal prosecution against Kind, who was taking Foster to the La Crosse County Jail when the incident occurred in Onalaska.
At least one member of Foster's family has said she is considering legal action.
But in a three-page review of the investigation report, Horne said it appears Kind did everything possible to protect Foster, and that she must accept much of the blame for the incident.
"The precipitating cause of the injuries is Ms. Foster's decision to leave the vehicle through the rear window while she was handcuffed," Horne said.
Onalaska Police Chief Randy Williams, who headed the investigation, said one of the key questions was how Foster was able to open the squad's rear window.
Horne said his review of audio from a video camera in the vehicle indicates the window might have been left open when the car left Holmen, even though Kind thought it had been closed.
A mechanical flaw in the car could have been a factor as well, Horne said. Investigators found window controls from the back seats were able to override the driver's controls.
"It is possible to believe that Officer Kind attempted to raise the rear window, and in fact believed he was doing so, while at the same time Ms. Foster was overriding his efforts by depressing the control mechanism in the rear of the squad," Horne said.
Horne also said Kind had virtually no way of knowing that the window was down or that Foster was likely to jump.
"I would note, it was dark, there is a Plexiglas shield dividing the front of the vehicle from the rear of the vehicle, and it is entirely plausible that Officer Kind was unaware that the rear window was open," Horne said.
Holmen Police Chief Michael McHugh said he will begin an investigation today into whether department policies and procedures were followed in the incident.
He insisted that none of the village's police vehicles have had previous window problems.
Kind is expected to return to duty today, but will not be back on the streets until the investigation is completed sometime early next week, McHugh said.
Also Tuesday, Williams rejected the claim the squad car ran over Foster. She was dragged when her handcuffs got caught on a rear wheel, but never actually went under the tire, Williams said.
Foster's head injuries, including a fractured skull, most likely resulted when she hit the pavement or possibly a light pole, investigators said. She then bounced under the car, where the handcuffs got caught. The cuffs eventually had to be cut off to free her, Williams said.
Foster has made some progress since the accident, but still has a lengthy recovery ahead of her, said Larry McMahon, an uncle who was named Foster's temporary guardian last week.
McMahon would not provide specifics on his niece's condition because of federal laws on the privacy of medical records. He said Foster's eyes are open, but doctors are still uncertain if she is responsive.
He said physicians have told the family to expect a slow recovery.
Submitted on 07/30/2003
Submitted by:
Steve May
Reference:
LaCrosse Tribune, LaCrossw WI
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