Mishawaka Police Cpl. James Szuba, 42, and his K-9 partner, Ricky, were killed in a traffic accident on 1/9/10 while on duty at approximately 9:20 p.m. Cpl. Szuba and the 8 year old K-9 unit dog Ricky were both pronounced dead on the scene. The accident occurred on Byrkit Street just south of McKinley Avenue. Captain Tim Spencer was in an unmarked car and saw an SUV, GMC Yukon, going 51 in a 30 zone on Fir Road. He turned his lights and sirens on to pull him over. He reported the suspect took off. After a high-speed chase, the suspect hit a fire hydrant but kept going. Spencer then called for backup. Szuba was providing backup for Spencer when the suspect crossed the intersection at the same time as Szuba. The suspect had swerved around a vehicle parked at the stoplight at McKinley Highway when he hit the oncoming squad car of Corporal Szuba and Ricky. The driver of that vehicle, Shawn Devine, 31, of Mishawaka, was taken to a local hospital for treatment of his injuries. When Officer John Minier with the Humane Society arrived on the scene K9 “Ricky” was taking his last breath. Szuba joined the Mishawaka Police Department on Feb. 26, 2002. Cpl. Szuba was a ILEA firearms instructor and the armor for the Mishawaka Police Department and served eight years with them. K9 “Ricky” was cremated on 1/11/10. and was next to Cpl Szuba during the service and later was decided by the family to keep K9 Ricky’s ashes at their home. Thousands attended their service and 150 K9 officers with their K9 partners also attended the service. Pipes & Drums, bagpipe group, along with a color guard and a riderless horse accompanied the hearse into the cemetery as the K-9 officers all saluted. All of the officers in attendance wore upside down white carnations, each with a red dot. The white was to symbolize purity and service and the red dot symbolized the blood Szuba and K9 Ricky shed. At the end of the cemetery service, all officers placed their white carnations, on the cremains of Ricky and the casket of Cpl. Szuba. Szuba is survived by a wife, Debbie, and two children, Joshua James Szuba , who turned 22 two days after his fathers death, and Stephanie Elizabeth Szuba, who is 18. Memorial contributions can be made to two funds, the Cpl. Jim Szuba/Canine Ricky Canine Fund, or the Heroes Section Southlawn Cemetery Fund. The address to send contributions to either fund is the same: Policeman’s Federal Credit Union, 1130 S. Main St., South Bend, IN 46601.
Shawn Devine has been in the police system many times. Devine was first convicted in 1997 when he was 18 years old for violating his learner’s permit and disregarding a stop sign. In the course of 13 years, Devine was arrested for six more driving offenses, five of which ended in convictions and four of which were related to alcohol. In a 2002 incident in Mishawaka, Devine smashed into a woman’s parked car near the 200 block of East Stanley and drove off. Mishawaka police caught up with the man at a 7-Eleven store where Devine failed multiple roadside sobriety tests and officers also found four unopened cans of “Icehouse” lying on the floorboard of Devine’s car. Devine pleaded guilty to driving while intoxicated in the case, in exchange for two other counts being dismissed. He was given one year of probation, ordered to pay restitution and ordered to undergo a substance abuse program, which he successfully completed. Devine also had drunken driving convictions in 2005 and 2006 and a driving-while-suspended infraction in 2007. In the 2006 case, Devine was charged with two Class C misdemeanors along with two Class D felonies for operating a motor vehicle while intoxicated after a prior conviction and operation of a vehicle with more than 0.08 percent alcohol concentration after a prior conviction. As part of a plea agreement, Devine pleaded guilty to the first D felony count and the three other counts were dismissed. St. Joseph Superior Judge Jerome Frese then sentenced Devine to a one-year suspended sentence and one year of probation. Devine also was ordered to serve three 9 a.m. to 5 p.m. shifts at the county jail. The 2006 case was the only infraction considered as a felony in Devine’s driving history. Police documents from Devine’s 2006 arrest say Devine has never had a valid Indiana license and dispatch data showed repeated suspensions and prior convictions on only an expired ID card. On July 20, 2009, in Michigan, a drug informant notified Niles City Police Department he was arrested for the delivery of marijuana at the Wal-Mart, 2107 S. 11th St. When a female driver of the silver SUV in which Devine and another male were riding pulled into the Wal-Mart parking lot about 7:30 p.m. on July 20, 2009, three Niles city police officers (two undercover) were waiting for them. After Devine and the woman went inside the store and returned five minutes later with no shopping bags in their hands, they got into the SUV. Police made a traffic stop on the vehicle and asked, in separate interviews, why the three were at the Wal-Mart, according to police. “All three gave conflicting information as to why they were there,” said court records. Police asked the woman driver and Devine if they could search the vehicle and they said yes, but they added that the vehicle didn’t belong to them. In a twist of irony, a police dog with a Niles officer discovered marijuana in the back of Devine’s vehicle. Police found 10 1-pound bags of marijuana in a camouflage bag. When the three were arrested both Devine and his male friend blamed the other for why they had marijuana in the SUV, court records revealed. Devine was sentenced on Oct. 19 after a plea agreement to two days in jail with credit for two days served. He also was placed on probation for 18 months with several conditions. He was convicted in October and placed on probation, but could face four years for violation of probation. According to the probation terms, Devine was prohibited from drinking and from being away from his Mishawaka house between the hours of 9 p.m. and 6 a.m., according to Berrien County Drug Court records. Devine could break his curfew but his probation officer needed to be advised. Devine also had to undergo random alcohol and drug testing and his probation terms for alcohol was zero tolerance.
For this accident with Cpl Szuba, Devine faces five charges including: operating while intoxicated and causing the death of another person, two counts of operating with a controlled substance and causing death to another person, resisting law enforcement and a habitual substance offender. Devine’s blood alcohol level was at .239 percent at time of the crash, nearly three times the legal limit. The legal limit is .08. Devine faces up to 31 years in prison. On 1/14/10 Devine was transferred from the hospital to the St. Joseph County jail. On 1/15/10, just after a few hours after the service started for Cpl. Szuba, Devine appeared in court for the first time in a wheelchair and was rolled in by deputies into a jail room to be arraigned before a judge via video conference. A preliminary plea of not guilty was entered for Devine. Devine’s next court date will be on 1/21/10 in front of St. Joseph Superior Court Judge Jane Woodward Miller and has a $100,000 bond. A judge set Devine’s trial date for May 10, 2010. On his plea deadline date of March 30, 2010 he pleaded guilty to seven felony counts. Count 1, causing a death – Operating a motor vehicle while intoxicated (alcohol) Count 2, causing a death – Operating a vehicle while under the influence of a Schedule 1 controlled substance (cocaine) Count 3, causing a death – Operating a vehicle while under the influence of a Schedule 2 controlled substance (Vicodin) Count 4, causing a death while resisting law enforcement ,Count 5, he pleaded guilty to being a habitual substance abuse offender (this allows the court to impose an additional sentence) Count 6, possession of cocaine Count 7, possession of controlled substance (Vicodin) The plea agreement says Devine will spend at least 20 years but no more than 37 years in prison. Devine had a long record of drunk driving offenses. Because of that he was also charged with being a habitual controlled substance offender. It allows the court to impose an extra 3 to 8 years in prison. On May 14, 2010 Judge Jane Woodward Miller sentenced Shawn Devine to thirty one years in prison.
Also because of this tragedy causing the death of a police dog while driving drunk could not be prosecuted as a separate crime before this accident. In March of 2010, Ricky’s Law was passed, making it a Class D felony to be an impaired driver who causes a police animal’s death. In Indiana, it was already a Class D felony to “knowingly or intentionally” injure a law-enforcement animal and cause its death, but state law did not provide for a criminal charge when the animal’s death is caused by impaired driving. The law now makes it possible for a Class D felony charge to be filed against impaired drivers who cause such an animal’s death. A Class D felony conviction carries a potential sentence of six months to three years in prison. It also raises the penalty for drivers who cause the death of an officer while fleeing police from a Class B felony to a Class A felony. Those convicted of a Class A felony face prison sentences of 20 years to 50 years. This law will serve as a tribute and recognize the sacrifice and honor the memory of Officer Szuba, along with his trained K-9 partner. The Senate approved this by a vote of 36-14, and the House voted 67-28 in favor of it.
On 12/6/10 Cpl. James Szuba’s wife testified at a hearing before St. Joseph Superior Court Judge David Chapleau and is seeking up to $5 million in damages in a wrongful death lawsuit filed against David Devine.
