Family of man killed in fatal ’10 police chase may get $250,000

Feb. 04--YAKIMA, Wash. -- The family of a Yakima man killed when his car was struck by a felon eluding police in a stolen pickup in 2010 will receive a $250,000 proposed settlement from the city.</p>

The settlement, which resolves a claim filed by the family of Pascual Ayala in 2011, is expected to be approved by the Yakima City Council when it meets Tuesday evening. Ayala, 29, and his girlfriend, Marina Barajas, 41, who was a passenger in the car, both died in the crash.

In August, the city agreed to a $400,000 settlement with Barajas' family. Both settlements are being paid for entirely by the city's insurance policy.

The two were killed on their way home on June 20, 2010, when Shaun Kollman, who was high on methamphetamine and cocaine, sped through the intersection at 16th and Englewood avenues and slammed into their car while trying to outrun police. The crash ended a citywide 14-minute-long chase, which the two families claimed resulted from a poor decision by city police officers, who should have gone to greater lengths to end the chase sooner.

City of Yakima Assistant Attorney Helen Harvey said the settlement is not an acknowledgement of responsibility on the part of the city. Prior to reaching the settlement, the city spent $100,000 defending itself in the case. That covered the city's deductible, allowing insurance to pay for the rest of the city's legal costs and settlements to the Barajas and Ayala families.

Kollman was sentenced to 51 years in prison in November 2011 after a plea bargain reduced his two most severe charges from first- to second-degree murder. Kollman also pleaded guilty to nine other charges, including two counts of second-degree assault and two counts of motor vehicle theft.

The 11 total criminal counts occurred in a span of about two hours that Sunday afternoon in 2010. Kollman first stole a Ford F150 from Hahn Motor Co. before being pursued and striking a car at Third Street and Pacific Avenue. From there, he ran to nearby A.C. Auto Sales, where he stole a second pickup, driving it through a fence and past police officers, which began the second leg of the pursuit that resulted in the fatal crash.

Yakima attorney Mariano Morales, who represents Ayala's family, said he wouldn't comment on the agreement until after it is approved by the City Council.

Kollman had previously been convicted on a number of violent offender charges, including assault and malicious mischief. At the time of the 2010 incident he was under the supervision of the state Department of Corrections, which had released him from custody one month earlier.

The department had obtained an arrest warrant for Kollman three days prior to the incident for failing to report to his supervisor.

Barajas' family has a lawsuit pending against the state Department of Corrections seeking more than $2.9 million in damages, claiming the department didn't follow its own procedures in supervising Kollman and didn't do enough to apprehend him once the arrest warrant was issued.

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