Original Article Death penalty push in traffic fatality goes too far Jul. 16, 2005 12:00 AM The despicable behavior and criminal irresponsibility attributed to accused Loop 101 killer David James Szymanski screams for justice. Society's visceral gut reaction might be to support Maricopa County Attorney Andrew Thomas' decision to pursue the death penalty in the vehicular-homicide case. But when reason kicks in, Thomas' rationale for capital punishment is a stretch in this case. That feeling does not stem from any particular sympathy for Szymanski, the 22-year-old Fountain Hills man accused of first-degree murder in the April 7 collision on Loop 101 that killed Cody Brett Morrison of Scottsdale and hurt two others. Szymanski, who may have been impaired by alcohol, was driving the wrong way, apparently in an attempt to flee Scottsdale police. Before the deadly chase, he menaced a woman with a knife and confronted two men at her apartment, according to police accounts. The escape attempt that resulted in the crash that killed Morrison constitutes unlawful flight, opening the door to the death penalty, prosecutors say. Szymanski's alleged actions are cold-blooded, reckless and chilling. No details have emerged about the case that would prompt a call for leniency. Vigorous prosecution is a must. But Thomas' push for the death penalty seems a step too far. Besides the legal discussion about whether the death penalty is even applicable under state law in this instance, questions linger about the police chase. The Scottsdale Police Department is conducting an internal investigation into the pursuit, but early indications are that policies were not followed. For one thing, the police cars did not turn on lights and sirens. Thomas absolutely is correct when he says that a car can be as lethal a weapon as a gun or a knife and a case of vehicular homicide may lend itself to the death penalty. The facts suggest that this isn't the one. - Thursday