Paying Tribute To Colleague -- Murder Charges In Officer's Fatal Fall

EVERETT - Marc Richard Vanslyke may not have directly caused the death of an Everett officer last week, but prosecutors are holding him accountable.

Snohomish County prosecutors have filed second-degree murder charges against Vanslyke in the death of Brian DiBucci, who accidentally fell 100 feet off the Hewitt Avenue trestle Thursday while assisting fellow officers during their pursuit of Vanslyke.

Though the charges filed yesterday in Everett District Court against the 22-year-old Lynnwood man aren't final, legal precedent in Washington may give prosecutors reason to keep the murder charge. And for Vanslyke, their ultimate decision could have an enormous effect on how much time he spends behind bars - potentially a 20-year difference.

Yesterday afternoon, under a cloudless sky, about 800 people gathered for DiBucci's funeral to pay tribute to the 30-year-old rookie patrolman, the first Everett officer to die in the line of duty since 1920.

Among them were Bellingham police Sgt. Dave Richards, who said the murder charge was appropriate.

"If he (Vanslyke) hadn't been doing what he was doing, Brian (DiBucci) would still be here today," Richards said.

How and when DiBucci fell remains unclear; his fellow officers didn't realize he had fallen until after arresting Vanslyke, who had crashed his car into a barrier at the end of the trestle.

Jim Townsend, chief criminal deputy prosecutor for Snohomish County, declined comment other than to say final charges in Superior Court are expected within about two weeks.

Prosecutors filed the second-degree murder charge against Vanslyke under a state statute that allows a murder charge if a defendant causes the death of someone "in the course of and in the furtherance of" another felony. In Vanslyke's case, the crime he's accused of is attempting to elude a pursuing police vehicle.

What can be tricky in such cases, legal experts say, is what constitutes the definition of cause.

"It is one of the most difficult issues in criminal law," said David Boerner, a professor at Seattle University Law School who formerly served as chief criminal deputy prosecutor for King County.

"Causation can reach out pretty far, and the question is how far should it go. Ultimately that's going to be a question for the jury."

In Washington, the courts have held defendants responsible for causing a death - even if their action wasn't the sole cause.

In 1990, the state Supreme Court concluded that Clyde Leech caused the death of Seattle firefighter Robert Earhart when Leech started a fire at an abandoned apartment building in 1987. Though Earhart's death was partly caused by his own negligence - he did not replace his oxygen bottle before it ran out - the court wrote that Leech caused the death by setting the fire.

Boerner said the case against Vanslyke falls roughly into that same category.

For Vanslyke, who has several juvenile criminal convictions, a murder conviction would carry a sentencing range of about 14 1/2 to 23 years in prison, prosecutors said. In contrast, he likely would only spend about six months in jail if convicted of the other two felonies, second-degree possession of stolen property (the car) and attempting to elude police, they said.

Yesterday at DiBucci's funeral, colleagues focused on the man they would sorely miss. They remembered him as a compassionate man and a jokester. He put his life and soul into his work - and his cars. To fellow officer and fiancee Margaret Erb, he was simply her best friend.

Erb spoke before a crowd of police officers, troopers and sheriff's deputies from around the region about the man she was to marry in February.

"(That) Brian loved his job is an understatement," Erb said, standing with DiBucci's patrol car and his dark-green Chevy Impala displayed behind her on Everett Memorial Stadium's football field. ". . . He accomplished in four short years what most of us can only dream of doing in 90."

Former supervisors joined Everett Police Chief James Scharf and Tenino, Thurston County, Police Chief James Swenson in a tribute that portrayed DiBucci as a stellar officer who had a way with words, and as a young man who had a penchant for cars and speed.

"I often wondered whether he wanted to become an officer because he liked to drive fast," joked Fircrest, Pierce County, police Officer Derek Stansbury.

Stansbury, who worked as a dispatcher with DiBucci in Thurston County, was promoted as Tenino's police chief and eventually hired DiBucci onto the force. Four brake jobs and several tires later, Stansbury described DiBucci as an officer coming into his own.

"Brian (DiBucci) had a way of calming any irate person," he said. ". . . Brian, thank you for your humor, kindness and big smile."

Father John Cornelius, pastor of Our Lady of Perpetual Help, held up DiBucci's life as a reminder for DiBucci's colleagues that their job was not only a public service but also a ministry. And Everett Mayor Ed Hansen pointed out the risks police officers must encounter every day in ensuring a community's safety - a reality that many in the crowd knew well.

"When any police officer dies in the line of duty, a little piece of us dies with them. It doesn't matter what he was doing," said Richards, who has attended many funerals for fallen colleagues. ". . . I hope the public would see that there is no routine call for an officer."

Bidding farewell was difficult for all, especially for Erb. Her steady voice quavered when she recalled the day DiBucci proposed to her. His eyes were filled with tears and his voice choked up, "worse than mine is now," Erb said.

"I said yes," she said. "Anyone would have said yes. It was an honor."

Keiko Morris' phone-message number is 425-745-7804. Her e-mail address is: kmorris@seattletimes.com

Anne Koch's phone-message number is 425-745-7814. Her e-mail address is: akoch@seattletimes.com