9/6/2009 10:30:00 PM Fawcett gets 13 years in bus driver manslaughter
Josiah David Fawcett
Special to the Courier
PRESCOTT - Josiah David Fawcett got nearly 13 years behind bars for the mid-December death of school bus driver Ronald E. Pogoda.
Judge Thomas Lindberg sentenced Fawcett to 12.75 years in prison for manslaughter and endangerment, according to a Thursday press release from County Attorney Sheila Polk's office.
Fawcett also got three years probation and Lindberg ordered him to pay nearly $48,000 in restitution and DUI fines and fees.
Pogoda was a bus driver for Orme School.
Fawcett was trying to flee Prescott Valley police in a Dodge Dakota pick-up on Dec. 10, 2008.
After running a stop sign, Fawcett, 24, also of Prescott Valley, plowed into the passenger side of the SUV Pagoda was driving at the intersection of Fain and Robert Roads and Highway 89A, according to police.
Just before the accident, an officer saw Fawcett speeding and driving recklessly and began chasing him, trying to make a traffic stop after they turned onto Robert Road.
Fawcett sped up and a department sergeant ordered the officer to stop the chase.
The officer shut down his lights and siren and followed Fawcett at a slower speed.
Fawcett broadsided Pogoda's vehicle after swerving to miss a motorcycle.
Helicopters flew Pogoda and Fawcett to Phoenix hospitals, where Pogoda later died.
Department of Public Safety investigators arrested Fawcett after a hospital stay on charges of second-degree vehicular homicide.
Reader Comments
Posted: Tuesday, September 08, 2009
Article comment by:
No name provided
Gosh, I'm so missing something. This tragedy didn't just "happen," it happened because someone chose to drink and drive and run from police. Do not think I lack compassion or that I don't know what drinking and driving can do. My family has been torn apart because of an alcoholic who chose to drink and drive. Does that make me want to call this a tragic accident? No. My former spouse chose to drink and drive more than once, fortunately he's never physically hurt or killed anyone because of it. He has destroyed his family and has emotional hurt, not to mention, set an extremely bad example for our children. He also knows he's destroyed his own life in many ways and I do feel bad for him. That being said, I know it's something that's out of MY control, but that doesn't mean I have to like it or condone it. I know alcoholism is disease and I know that Mr. Fawcett is probably in a deep state of sadness and depression over all this and will need serious help and counseling to help confront his demons. I know my children's father is remorseful over his actions, too. And I know the only difference between Mr. Fawcett and my former husband is the fact that my ex was lucky enough to never kill anyone. I don't doubt that Mr. Fawcett is sorry, but please do not ever even consider calling this a tragic "accident." That does a disservice to Mr. Pogoda and his family - no matter how wonderful and forgiving they are, and it does a disservice to the PV Police, and yes, it even does a disservice to Mr. Fawcett who needs to realize that his actions caused this. The phrase "tragic accident" won't help him at all if he is to get the help he needs.
Posted: Tuesday, September 08, 2009
Article comment by:
No name provided
The thing that is most irritating about this article is that there are still ignorant people in the world that actually have never had a tragedy happen in their lives but feel their opinion matters. And God lets hope and pray you don't, then people may actually have to stop and think that not all things are intentional. This man is paying with a whole lot more than just 13 years in prison, he lives with his mistake everyday with extreme guilt and sadness, The Pagoda family has found forgiveness and allowed for hate and anger to leave their lives, however some bored people who do not even know circumstances of any of those affected and still feel they should open thier mouths. Pure stupidity. Until you or your family has it happen directly on either side, you should really take the lead and do your research before you have the nerve to actually feel that your opinion matters in the least. Get a life and work for helping people rather than hurting anyone further.
Posted: Tuesday, September 08, 2009
Article comment by:
No name provided
Buiscit: It's an ACCIDENT if you accidentally run a red light and hit someone. It's an ACCIDENT if you sneeze and somehow in the process drift across a lane and hit someone. It's an ACCIDENT if you're somehow distracted and end up hitting and killing someone. It's an ACCIDENT if you blow a tire and spin out and hit someone else or get hit in the process. Those things could happen to any of us at any time. It's a DELIBERATE ACT and a CHOICE if you run from the police at high rates of speed and hit and kill someone. I'm glad Mr. Pogoda's family is so forgiving, they are better people than I am and my thoughts are with them. I'm not sure I'd be so forgiving in the same circumstances.
Posted: Tuesday, September 08, 2009
Article comment by:
buiscit
there is more to the story than what meets the eye, you hear the story of the drunk running from police. you judge before taking the time to hear both sides of the story. although what happened is sad and tragic and absolutely unnecessary, there are always two sides to the story. thankfully there are still people in this world as the Pagodas, they took the time of day to hear the story that created that horrible night. they know that there was so much more running through josiahs brain that night than taking another persons life. in the end several innocent families were injured through this process and the ones not involved in this ACCIDENT should keep their opinions to themselves unless fully educated in the situation
Thirteen years and $48,000 in fines is harsh???? HE TOOK A MANS LIFE with his actions!!! I think he was lucky to get just that.
Posted: Monday, September 07, 2009
Article comment by:
BW
While I am no fan of the Prescott Valley Police Department, I think anger directed towards them in this case is misguided. I have never understood why homicide with a vehicle is somehow less of a crime than homicide with any other weapon. The public needs to support stricter laws for idiots who run from police, they are the responsible parties. Also, I think the police need to designate a siren tone specifically for chases and generously advertize it. Sirens alert the public to an approaching emergency vehicle, but what's needed is an alert to the imminent danger that is approaching in the form of the vehicle being chased. Also, upon hearing a chase siren in your neighborhood you would have some warning to the possibility a criminal may enter your home giving you some time to lock doors or perhaps get your gun.
Posted: Monday, September 07, 2009
Article comment by:
No name provided
I suggest that people (like Patrick) go and buy the transcripts of Mr. Fawcett's sentencing hearing to learn a great lesson of forgiveness and compassion for other people(even ones that make tragic mistakes)that was shown by family members of Mr. Pagoda. We all can learn from them.
Posted: Monday, September 07, 2009
Article comment by:
Dear Don't Chase Them in My Direction!!
Amen
Posted: Monday, September 07, 2009
Article comment by:
Blame the criminal, not the officer.
Don't Chase Them...: I recommend that you read the entire article (until the end of it). See that part that says "..and a department seargent ordered the officer to stop the chase. The officer shut down his lights and siren..." What is it about that you don't understand dude? Get some reading glasses and quit trying to blame the good guys. Blame the criminal why don't you.
Posted: Monday, September 07, 2009
Article comment by:
COPS ARE OUT OF CONTROL
yeah this could have all been avoided if the police would have used a little common sense. i'm sure they already had his license plate number so all they had to do was back off and catch him later at a safe place and time. so i agree with dont chase them 100% on this one. we got way to many wanna be cowboys out there that dont use their head. but then again what do they care its not their family member thats in danger,or possibly gonna get killed,so at the end of the day they get to go home to their family and everything that happend isnt even a thought except i got my man..we as citizens need to take a stand and make sure that these things dont happend or its gonna get further out of control..
I'm sure there is more to the story than meets the eye. JUDGE HARSHLY AND SO SHALL YOU BE JUDGED.
Posted: Monday, September 07, 2009
Article comment by:
JDC
Should police allow speeders and reckless drivers go? When the actions of the driver escalted to the point of endangerment, the officer disengaged.
Posted: Monday, September 07, 2009
Article comment by:
Neil
"Don't Chase them in my direction"? There's only one person responsible for what happened to the unfortunate Mr. Pogoda, and he got off easy at 13 years.
Posted: Monday, September 07, 2009
Article comment by:
Patrick
This guy can burn in you know where. Oxygen bandit. .... Rest in peace Ronald Pogoda. 12.75 seems a little light.
Posted: Monday, September 07, 2009
Article comment by:
Don't Chase them in my direction!!
No no no! Why can't the officer on duty, there at the scene make that call that chasing the cars is not the best call when you are in an area where there are other citizens that could get hurt. You are forcing the crazy driver to keep going. What don't they get about that. The driver has not pulled over yet, so chasing him and making it very dangerous and more intense for the crazy driver seems like such a better idea. Why did it take the department sergeant who was not on scene to make the call. I seriously doubt that officer shut down his lights and followed at a slower speed right away. Either way what happened was horrible and chasing a crazy person is not what we should be doing. It only leads to more trouble. You are needing to keep US safe, don't drive that crazy driver in my direction. Let him go and catch him down the road, set up a road block farther down. Let him drive into the trap. Please stop chasing these people.
Posted: Monday, September 07, 2009
Article comment by:
No name provided
Okay...so tell me that Prescott Valley Police has no liability in this case. Sure seems like P.V. is trying to squeak out of it. Slick.
Posted: Monday, September 07, 2009
Article comment by:
No name provided
13 years for killing somebody? The security guard got 20 years for his "love affair" with a minor. This is what's wrong with the justice system.
