Behymer told the jury he took evasive action and swerved off the road on U.S. 42 north, up an embankment and into a tree, which disabled his cruiser.
He testified he was going about 80 mph and saw the vehicle approach him at about 100 mph.
Isreal is being tried for felony murder and eight other charges. If convicted, he faces a sentence of 37½ years to life in prison.
Sheriff’s Lt. Mark Hatfield, who was the watch commander, was with Dulle shortly before he went to U.S. 42 and Utica Road to drop tire deflation devices in order to stop the high-speed chase that originated in Franklin after hearing that two deputies had been ran off the road. He said he left the Sheriff’s Office several minutes after Dulle left.
As Hatfield arrived on the scene, he saw officers from Clearcreek Twp. and Franklin looking for Dulle and the suspect. He said the Warren County Communications Center radioed for Dulle to check in.
He said he called Dulle’s name thinking he was on a foot pursuit.
Hatfield said someone called to say they found Dulle’s body which was face down next to an electric service box and lights.
Hatfield radioed that Dulle was down.
As they rolled Dulle on his back, Hatfield said they saw the extensive injuries he sustained.
Photos of Dulle were shown to the jury to illustrate Hatfield’s testimony.
Hatfield said he called for a medical helicopter because he didn’t want to take a chance that something could be done.
He also alerted other officers that the suspect may have Dulle’s weapon.
Hatfield said he also requested Middletown police to go to a Franklin Twp. residence to contact the owner of the Cadillac. He also had a sheriff’s detective go there as well.
Hatfield said he did not allow Deputy Troy Black to go see the body as he knew Black was Dulle’s best friend and he’d be needed to notify the family.
After the jury left the courtroom for the afternoon break, defense attorney Clyde Bennett later objected to showing the photos saying that they were “entirely prejudicial and inflammatory to the jury,” and had no probative value. He renewed his concern that the jury would render a verdict based on emotions and not the law.
Judge James Flannery overruled the motion, saying he watched the jury as they saw the photos and none of them expressed any emotions. He added that the elements of the alleged crime has to be proven beyond a reasonable doubt.
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