MANSLAUGHTER CHARGE TO BE DROPPED IN DEATH OF MARYLAND POLICE OFFICER
Montgomery County prosecutors have decided to drop a manslaughter charge filed against a Silver Spring man who triggered a police chase in April that led to the death of a police officer, prosecutors said yesterday. A county jury last month found Ruel F. Dempster guilty of several misdemeanors -- including failure to stop after an accident, driving without a license and possession of marijuana -- but was unable to reach a verdict on the manslaughter charge, the top count in his indictment.
State's Attorney John McCarthy said prosecutors felt Dempster had "a fair trial." He said the jury "was pretty split" on the manslaughter charge.
He said prosecutors had kept the family of the police officer, Luke T. Hoffman, 24, informed of developments in the case. John Hoffman, the officer's father, said last night that he and his wife had no comment about the decision. Police Chief J. Thomas Manger also declined to comment.
In the early hours of April 25, Dempster fled on foot in a wooded area after an officer who suspected that he was driving while intoxicated attempted to pull him over. Hoffman, one of the officers searching for Dempster on foot, was struck by a police cruiser as he stood on the side of a narrow, poorly lighted road. At trial last month, prosecutors argued that Dempster, 20, ought to be held accountable for Hoffman's death. "Because of the defendant's selfishness and concern for only himself, Montgomery County police officer Luke Hoffman lost his life," Deputy State's Attorney John Maloney said during opening statements.
Dempster's attorney, Patrick J. Smith, argued that the facts did not support a manslaughter conviction because, under the law, the death has to be "reasonably foreseeable." Judge Katherine Savage declared a mistrial on the manslaughter charge after jurors said they were hopelessly deadlocked on that count. Smith said yesterday that the jury was split 11 to 1, with the majority favoring acquittal.
Stephen J. Wofsey, the officer who struck Hoffman, testified during the trial, providing his first public account of the events of that night. Wofsey said he abruptly swerved right when he realized he was not going to be able to stop his vehicle in time to avoid rear-ending a police cruiser parked in front of him or hitting another officer, not Hoffman, who was standing to the left of the vehicle.
"It was going to be a tough evasive maneuver, but I had to do it," he said.
Wofsey said that, as he drove off the road, he made one last swerve to avoid striking what he described as a "silhouette." "That's the last thing I remember," he said.
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