The entire State of Minnesota
grieves the tragic and senseless murder of Mendota Heights Police Officer Scott
Patrick on July 30. Conducting a routine
traffic stop, he was apparently gunned down in cold blood at close range by the
driver of the vehicle.
That driver is believed to have been Brian Fitch, now
charged with first degree murder in Officer Patrick’s death.
Fitch had appeared before a judge several months ago, facing
a presumptive prison term. The judge
placed him on probation and ordered to a specific chemical dependency treatment
program that I have sentenced many defendants to from my courtrooms. It is a good, tough program that has had a
decent track record with tough cases.
Fitch apparently left the program before completing it.
It is the situation all judges fear. We are called to administer Justice, tempered
with mercy. We are aware that the United States
imprisons a larger percentage of its population than any other country in the
world. A large part of our prison
population are there because of drug offenses, and many authorities on the
subject say it is far more cost effective to offer chemical dependency
treatment than imprisonment.
In cleaning out my desk last month, I found a letter or two,
thanking me for giving a particular person a second chance, and telling me that
he or she has now been sober for months or years. While these letters certainly make me feel
good, I can’t help but think that it could have gone the other way: The person who should have been sent to jail
or prison for drunk driving becomes intoxicated again, is involved in an
accident resulting in serious injury or death.
Then it would be me, answering my front door to find that cameras
rolling and a microphone in my face asking for explanations.
Judges can never be absolutely certain, even after a trial,
that we know what happened at a particular event in the past. We surely can’t be certain what may happen to
a person in the future. So, as all human
beings, we must make the best decisions we can with the best information we
have. We hope and pray that our decision
is correct.
As recent events testify, some times, tragically, they are
not.
Our hearts go out to Officer Patrick’s wife and daughters,
as well as to his law enforcement family from every department across the
state. All of us join in their grief and
sorrow and ask that question that has no answer, at least in this life:
“Why?”
