Whitefish man won't have to pay for wrecked police vehicles

The Montana Supreme Court ruled last week that a Whitefish man isn’t responsible to pay $7,327 in restitution to the city of Whitefish following an incident from 2009 when a Whitefish police vehicle rear-ended another patrol car while in pursuit of Ralph Jentile.

The state’s high court said Whitefish’s Municipal Court erred in their original judgment that held Jentile accountable for repairing the damaged police vehicle when it was duly noted by the Montana Highway Patrol that pursing officer Ryan Zebro was negligent for following too closely. The court also noted that while emergency personnel may be authorized to ignore certain laws of the road while in pursuit, they still have a duty to drive safely and will be held liable for driving recklessly.

The Supreme Court has directed the Whitefish Municipal Court to conduct a new restitution hearing consistent with their opinion.

The original incident goes back to October 2009 when Helena’s Veteran’s Administration contacted Whitefish police with concerns that Jentile was possibly suicidal. According to court documents, Jentile had made an inquiry with the VA regarding the lethality of lithium and the lack of an antidote.

In 1990, Jentile was reportedly diagnosed with bipolar disorder and began regularly taking lithium. He said his prescription changed after he had multiple knee operations and the lithium interacted with his pain medication.

Police made multiple welfare calls to Jentile’s cell phone after being contacted by the VA. Jentile hung up on Zebro during the first call, then in the second call he told Zebro he wasn’t suicidal. During a third call, Zebro told Jentile the VA had ordered an evaluation of him and that he needed to turn himself in to police. Jentile reportedly threatened to kill any law enforcement officers who came to his house. Shortly afterward, Whitefish police chief Bill Dial ordered a “felony stop” on Jentile.

After locating Jentile, three patrol cars attempted to pull over his 1994 Blazer. He initially stopped, but before officers could get out of their vehicles, he took off with Zebro and officer Brandon Thornburg in pursuit at an estimated speed of 45-50 mph in a 25 mph zone. Jentile turned onto Somers Avenue, then into his own driveway. A police video shows that while Jentile was speeding, he slowed down before turning and used his turn signals at least once.

The first patrol car in pursuit, a Dodge Durango, was able to stop behind Jentile’s vehicle, but the Ford Escape hybrid SUV patrol vehicle was unable to safely stop and rear-ended the first patrol car. Police Tasered Jentile twice as he exited his vehicle — reportedly once in the testicles — then handcuffed him. Jentile was then taken by ambulance to a hospital for a mental evaluation.

Highway Patrol investigated the crash and found that Zebro was following too closely. Zebro was not cited for the infraction, but did receive a letter of reprimand.

Jentile was initially charged with misdemeanors of resisting arrest, reckless driving and eluding a peace officer. The city of Whitefish also asked for restitution for the damaged vehicles.

After a plea agreement, two of the charges were dropped and Jentile pleaded guilty to eluding a peace officer.

During the Municipal Court restitution hearing, Jentile’s public defender, Jessica Polan, argued that Jentile should not be held responsible for the restitution because the officers violated the department’s policy on vehicle pursuits. Jentile had not violated any criminal laws, she said — instead, he was a person with mental health concerns.

Polan also noted that the Montana Highway Patrol investigation concluded that Zebro’s vehicle was following too closely.

Both Zebro and Thornburg testified at the restitution hearing that they were told ahead of time that Jentile was a threat to law enforcement and may have weapons. They testified they felt it necessary to keep Jentile in sight during the pursuit in case he got a hold of a weapon. No guns were found in Jentile’s house after the arrest, but Jentile did have a concealed weapons permit.

At the conclusion of the restitution hearing, the Municipal Court ordered Jentile to pay $7,327 to the city after deciding the patrol cars collided “as a direct consequence of Jentile’s erratic, unlawful driving.”

Jentile appealed to Flathead County District Court, which affirmed the Municipal Court’s decision.

In the Supreme Court’s opinion, Justice James Nelson writes that the court disagrees with the Municipal Court’s “hasty determination” in the restitution case.

The Municipal Court should have compared Zebro’s negligence with Jentile’s negligence, if any, based on evidence presented at the restitution hearing, the opinion notes.

Justice Nelson also notes that emergency personnel has the duty to drive safely under the circumstances of a pursuit and that they aren’t relieved from liability for driving recklessly. Nelson mentioned the highway patrol report that found Zebro a fault in the accident, and commented, “It appears the Municipal Court disregarded that evidence entirely.”

In the dissenting opinion, Justice Jim Rice wrote that the “Municipal Court’s determintaions are supported by substantial evidence presented at the hearing.

“The Municipal Court clearly considered and compared the respective negligence of the parties and determined that the police had acted properly, while Jentile was entirely responsible for the accident.

“The cause of the city’s claimed damages was [Jentile’s] fleeing from a legal traffic stop, not officer negligence.”