Two pursuits, 4 innocent lives lost

Tulare County Sheriff's deputies attempted a traffic stop last week. The SUV refused to stop and deputies pursued at high speeds until the suspect stuck a car, killing a mother, father, and their 17 year-old son. From the Visalia Times Delta:

The deputy followed the SUV with lights flashing and sirens blaring, said Sheriff's Lt. Keith Douglass.

Less than two miles away, at the Akers Street intersection at Caldwell, the SUV broadsided a maroon Chevrolet Impala, killing all three occupants, police reported.

[...]

"There was a supervisor and commander monitoring the pursuit the entire time," Douglass said, in response to being asked if the pursuit was safe to continue into Visalia city limits. "It was night and there was minimal traffic."

You can read the entire story HERE. While more charges could be filed, the story identifies a parole violation potentially being the only non-chase related charge.

And in Harlington, Texas, reporter Isaac Garcia has been writing about a pursuit that lead to the death of an innocent woman.

THIS story explains the suspect was under surveillance and police observed him commiting a traffic violation. When he refused to stop, police chased. He had a gun and marijuana in the car. DETAILS are slow to emerge.

HERE Mr. Garcia explains how police have been unwilling to release their vehicular pursuit policy and further details about the chase.

He has continued to cover the story, and has another story regarding policies around the region. A few interesting quotes.

Cameron County Sheriff Omar Lucio said information regarding his department’s pursuit policy is not exactly public information. He said that if he released the full details of the policy, criminals might use the information to evade arrest.

FALSE. A well known policy does not mean more suspects will flee. In the year after the City of Orlando changed their policy 118 suspects fled and 40,342 obeyed the order to stop. This is despite a well known and significantly followed change.

John Phillips, founder of Pursuitwatch.org and an advocate nationwide of safer pursuit policies, said he knows all too well of the dangers in police pursuits. In 2001, Phillips said, his sister was killed in a vehicle when police were pursuing another vehicle.

Phillips said that with the help of his website, he helped rewrite some of the pursuit polices in central Florida.

Phillips said he believes that that many pursuit policies change to be more restrictive only after the death of innocent bystanders.

Mr. Garcia did confuse a few things here. I did not start PursuitWatch.org, my father did. Further, while PursuitWatch.org did help OCSO and OPD rewrite their policy, the organization's efforts were spearheaded by Jim Phillips.

Herhold: An open letter to the governor

Yesterday, in the Silicon Valley Mercury News, columnist Scott Herhold wrote an open letter to California Governor Arnold Schwarzenegger urging him to look closely at the California Highway Patrol's pursuit policy. Mr. Herhold's advocacy stems from a pursuit last week that lead to the death of an innocent 15-year-old.

"Given the situation, the adrenaline involved, and the need to make a very quick decision, we don't want to have more variables that could add to bad things happening,'' says John Phillips, the president of PursuitWatch.org, whose sister was killed in a law enforcement chase.

Phillips points out what other agencies have already recognized. There are other ways for officers to handle the situation. In most cases, the police can get a license plate number and arrest the bad guy later.

You can read the rest HERE.

Silicon Valley Mercury News

Tuesday afternoon a man decided not to pull over when a California Highway Patrol officer attempted to stop him for a simple traffic violation. The officer pursed, and about one mile later the suspect crashed into another vehicle, killing a 15-year-old. From the Silicon Valley Mercury News:

[The suspect] has 13 arrests in the county, including multiple convictions for drug use and a prior conviction for reckless driving while evading police. He was recently released from county jail, according to court records.

This guy has fled police before, which strengthens the case for strong punishment for those who do flee, even if they do not hurt or kill anyone.

As for this pursuit, it should have never happened. Although details are still hard to come by, according to the story, the pursuit took place during the afternoon in an urban setting near San Jose State University. The pursuit lasted about 1 mile, and the suspect struck the victim's car with such force, it nearly split in two. PursuitWatch.org was quoted in this story:

"What we have here is a dumb, young criminal making another poor decision," said John Phillips, a national police-pursuit critic. "We should not compound their bad decisions with our own."

Phillips, whose sister was killed in a similar situation in 2001, said that the CHP officer should not have pursued the suspect on the basis of an illegal turn.

PursuitWatch.org, Phillips' organization, advocates pursuing only those who are suspected of committing a violent crime. This is the policy of some departments, including San Jose's.

"The officer should have notified the chain of command that the vehicle did not pull over, obtain a license plate and description if possible, and turn around and turn off his/her lights," Phillips said. "Today's technology allows us to use other methods. Just because the suspect gets out of the sight of the first officer does not mean he will get away."

You can read the rest of the story HERE.

A busy few days

For some reason, this last week seemed to be extremely deadly. There was the death of an innocent victim in Baldwin Park, California. In that case, the police were chasing a car thief. I argued against that chase HERE. The same newspaper published an editorial arguing for an progressive police policy.

Next, police pursued a man who was thought to be involved in a "possible disturbance" ended in his death. The Monitor in South Texas covered the story:

John Phillips heads PursuitWatch.org, a website that highlights the negative consequences of police pursuits for non-violent offenses. The website was created after Phillips’ 20-year-old sister was killed as a bystander to a police pursuit in 2001.

Despite the light traffic conditions before dawn Wednesday, officers should have broken off their pursuit of Saldivar, said Phillips.

“Law enforcement has to go on what they know, and in this case the guy was just causing a disturbance,” Phillips said. “It wasn’t worth the pursuit.”

[...]

Phillips points to written pursuit policies as a way for officers and their supervisors to know how to decide during the heat of the moment — and to know “law enforcement is properly doing their job.”

[...]

Phillips disputes the notion that the responsibility rests with the person who is fleeing.

“Let’s say he was drunk,” he said. “Chasing someone because they’re drunk only compounds bad decisions. He’s already made that decision. Let’s not compound that decision and make it even worse.”

You can read the entire story HERE.

Next, in what seems like it's straight out of Hollywood, police took part in a wild chase and sequence of events in Yakima, Washington. Police started to pursue a suspected car thief until they thought they had the situation under control a few blocks later. However, the suspect jumped a fence, broke into and stole another car, driving out of the lot and nearly running over several of the officers who had exited their cars to find the suspect. A long pursuit ensued, and it ended when the suspect crashed, killing two innocent victims. From the Yakima Herald-Republic:

John Phillips, director of the Orlando-based safe-pursuit advocacy group PursuitWatch, called judging Sunday's chase in Yakima "tricky" but said he was troubled by the duration of it.

"Seven minutes, that's too long," he said. "There's just so many opportunities for something to go wrong."

Phillips, whose 20-year-old sister was an innocent victim of a 2001 police chase, noted that more than 300 people a year are killed in police pursuits, according to statistics kept since 1982 by the Federal Highway Traffic Safety Administration. Of that number, roughly a third -- an average of 121 people since 1994 -- were innocent bystanders. They were either in a different vehicle or on foot or bike.

"My group isn't saying no pursuits at all, because there are times they are needed, and we want to see penalties increased for fleeing," he said.

"But pursuits shouldn't start out for minor felonies. It's like essentially shooting a gun into a crowded room."

But Merryman insisted that the incident at the used-car lot was not a minor felony. In addition to being charged Wednesday with two counts of first-degree murder, Kollman was also charged with two counts of first-degree assault for allegedly trying to run down officers during the escape.

"He's got the mindset of a cop killer," he said. "When do we let him go?"

It is important to note that the last point by Mr. Merryman justifies a pursuit for reasons that occurred after the pursuit was already initiated. If police didn't pursue the suspect from the start, the crazy events at the car lot wouldn't have happened. You can read the entire story HERE.

Innocent victim dies in Orlando... Just what happened?

Update, 10:55 AM:

According to the Orlando Sentinel,

Officers said 24-year-old Kenny Zarzuela struck Spencer George Owens' car in Tuesday's crash at Lake Margaret Drive and Semoran Boulevard while fleeing from police. Owens, 42, of Orlando, died at Florida Hospital East.

Police say an officer turned on his lights upon observing Zarzuela run a red light. The suspect was driving erratically and refused to stop. The officer followed for a block or so, and when he was turning his police cruiser around, heard the sound of the collision.

Orlando Sentinel: http://www.orlandosentinel.com/news/local/breakingnews/os-crash-accident-orlando-20100119,0,6550186.story

--------------

News reports out of Orlando this morning are revealing the death of a motorist who was struck and killed by a vehicle that failed to stop at the request of the Orlando Police Department. Details are few and far between, but here is what we think we know so far:

• According to the Orlando Sentinel, OPD attempted to pull over a blue escort after it ran a red light.
  
• The escort failed to stop, and the police followed.
  
• The suspect's car then struck the victim. Rescue crews transferred the victim to the hospital, where he/she was pronounced dead.
  
• The suspect has been arrested. Charges have yet to be filed.
  
• According to WESH, police noted that they did not initiate a pursuit and that the accident happened minutes after the attempted stop.
  

It's very early on this story, but let's stay with it until more details are released.

Sentinel: http://www.orlandosentinel.com/news/local/breakingnews/os-crash-accident-orlando-20100119,0,6550186.story
Local 6: http://www.clickorlando.com/news/22270486/detail.html
WESH: http://www.wesh.com/news/22270278/detail.html

Teen flees, mom dies, children hurt

Minneapolis - A 15 year old in a stolen car fled from police and while speeding through an intersection Sunday, slammed into a car carrying a mother, her son, and her sons friend en route to Sunday school.

Hanna Abukar, 26, of Minneapolis died at the scene, according to the Hennepin County medical examiner's office. She was driving her son and a neighbor boy to Sunday school at a mosque, said Omar Jamal, executive director of the Somali Justice Advocacy Center. Abukar's son was in critical condition and the other boy was in stable condition, Jamal said.

Officers had tried to stop the teenager because of a simple traffic violation. When the boy refused, the pursuit began. Soon after, officers learned that the car they were chasing had been reported stolen. The pursuit was called off because of safety concerns about a half mile from the crash scene.

Let's hope the MPD exercises proper oversight of this incident.

Continue HERE.

Just what happened in Panama City Beach?

A suspect still remains at large after a pursuit of a suspected drunk driver ended in a deadly rear-end collision, according to the Panama City News Herald.

Two of the victims sons arrived on the scene of the crash shortly after and some sort of confrontation ensued. The sons claimed a plain clothes man claiming to be a police officer, despite being told they were family members of the deceased, inappropriately assaulted the brothers and violently forced them to the ground and handcuffed them. Officers say the sons refused to identify themselves and were thus during their job in keeping the crime scene clear of outsiders.

According to the News Herald article:

[Cmdr. Michael] Moring wrote that he identified himself as a police officer and asked them who they were, but the brothers told him their identities were none of his business. Moring said he told them to identify themselves and then “physically stopped one of the unknown white males from entering the crime scene.” The second male “drew his right arm back with a balled fist as if he were about to strike me.”

A physical altercation ensued and the men, Jeff and Terry Lenz, were taken to the ground and handcuffed.

The other three officers offered similar accounts of the incident.

Watch the sons account of events:




What really took place will probably never be absolutely known. This problem just goes to show the effects of poor policy and decision making by law enforcement. A pursuit of a suspected drunk driver should never ensue, and difficult decisions soaked in tense emotions should never have to be made.

One thing is for sure, Paul Lenz in dead.

Palm Beach Post and Washington Post

Interesting article from this weekends Palm Beach Post:

In the hours following the fatal Pahokee crash, Sheriff Ric Bradshaw supported the decision to follow a stolen 1990 Toyota, saying the conditions were right. The suspect and deputies wound through the Glades in the early morning hours of Nov. 28, with no bystanders at risk.

Bradshaw noted the link between violent crime and car theft. Plus, this pursuit technically wasn't a chase, he said, given deputy Greg Fernandez's speed of 55 mph moments before crashing into his two co-workers.

Yet former Sheriff Ed Bieluch says that number is way off. At least three people close to the investigation put the impact speed at 110 to 112 mph, said Bieluch, who is considering another bid for the office. The traffic investigation remains open, and officials have not released any findings.

Bradshaw: How can this not be a chase!?! Was does "technically" mean? Does technically really matter when you have two of your officers who are now dead?

Four of every 10 pursuits end in crashes, and two of every 10 end in injuries, according to research noted on the Web site pursuitwatch.org.

A 1997 study by criminology expert Geoffrey Alpert published in the National Institute of Justice's Research In Brief found that nearly half of police agencies nationwide had modified their pursuit policies during the previous two years - and that 87 percent made their guidelines more restrictive.

Continue HERE.

Also, the Officer who was involved in a deadly pileup on the Capital Beltway last May has been indicted on two counts of vehicular manslaughter. I appeared on Countdown with Keith Olberman and the Washington Post in response to this incident. You can read a transcript of the Countdown interview HERE.

The incident began about 7 p.m. May 30, when Campbell, a seven-year veteran of the department on routine patrol, began chasing a speeding motorcycle near the Richie-Marlboro exit on the Beltway's outer loop.

Campbell's police cruiser slammed into McCarter and Clanton's sport-utility vehicle. The SUV flew over the guardrail and into traffic on the Beltway's inner loop, causing a series of crashes that closed down all lanes for almost five hours.

Continue HERE.

Letter to the Sacramento Bee

On Monday afternoon, a vehicle being pursued by the Sacramento County Sheriff’s Department crashed violently into a car carrying a family of four in Rancho Cordova. Two children were transported to UC Davis Medical Center, while their parents were taken separately to the Mercy San Juan Medical Center, over 15 miles away. According to the Sherriff’s department, the vehicle being pursued was being chased for merely failing to yield. Although the driver of the vehicle opting to flee police custody bears the brunt of the responsibility, some of the blame for this terrible accident should be directed toward Sacramento County’s vague police pursuit policy.

Sacramento County’s current police policy allows for pursuit in almost any circumstance, stating that a pursuit is authorized when “a suspect exhibits the intention of evading arrest by using a vehicle to flee or when a suspected law violator refuses to stop.” The policy also stipulates that certain factors must be considered when determining whether any pursuit should be initiated, continued or terminated, though these factors are not well-defined. A pursuing officer and his supervisors must weigh “the seriousness of the originating crime and its relationship to community safety,” as well as factors such as location of pursuit, weather conditions, volume of traffic, and time of day.

A poorly-defined policy puts entirely too much pressure on the decision making ability of the pursuing officer and their supervisors. A police officer cannot and should not be expected to make a life or death decision on the basis of such vague legalese. The current policy is such that if an officer makes the wrong decision, and innocent people are injured or killed, the county and the officer could face endless litigation. That is not fair to our already overburdened law enforcement agencies.

The current pursuit policy further overburdens law enforcement officers by stating that “[i]t is the duty of the driver of an authorized emergency vehicle to exercise that amount of care which, under all circumstances, would not pose an unreasonable risk to others.” It continues, noting that “[t[he immediate apprehension of the violator is no more important than the safety of innocent persons or the officer(s) involved. When it becomes apparent that the immediate apprehension is outweighed by an unreasonable danger to the officer or others, the pursuit must be terminated.”

In the case of the vehicle pursuit in Rancho Cordova, the pursuing officer and his supervisors decided that the seriousness of the suspect’s crime, failure to yield, outweighed the risk involved in pursuing the suspect down a busy street in the middle of the day. Hindsight lets us see that the safest option would have been to, record the license plate number, of the fleeing vehicle, if possible, and terminate the chase. This rational response would have helped to avoid a serious accident involving an innocent family. Unfortunately, the officers involved in the pursuit didn’t have the luxury of hindsight, and were forced to make a split-second decision most likely under the influence of a great amount of adrenaline.

We at PursuitWatch.org believe that the Sacramento County Sherriff’s office must develop a progressive, well-defined policy that allows only for the active pursuit of those suspected of committing a violent crime. A properly-defined policy would take the burden of split-second decision making off of our police officers, and would result in a safer community. In Orlando, Florida, the adoption of such a policy has proven to be extremely successful. At some point, law enforcement agencies must decide whether it is more important to make an arrest, or to keep the community safe. If a well-defined pursuit policy was in place on Monday afternoon in Rancho Cordova, then an innocent family would not have been needlessly injured.

John T. Fox

Vice President
PursuitWatch.org
Orlando, FL

Sacramento: 5 hurt in police chase

A vehicle being pursued by police for failure to yield crashed violently into a car carrying a family of four Monday afternoon in Sacramento, California. Two children were transported to UC Davis Medical Center, while their parents were taken to the Mercy San Juan Medical Center, over 15 miles away. According to the Sacramento County Sheriff’s Department, none of the injuries were critical, though at first glance the accident seems to be the result of a hastily-considered police pursuit. If ‘failure to yield’ was indeed the only reason for the pursuit of a vehicle on a busy Sacramento street in the middle of the afternoon, than the police department was acting in a negligent manner. We at PursuitWatch.org are concerned over this apparent lack of judgment by the Sacramento Sherriff’s Department, and will be following the story as it develops.

Read more HERE.

Written by PursuitWatch.org's John Fox

It's a new year

The new year has begun, and as I try to get back in the swing of things after taking some time off, there are a few things that are worth noting:

• Everyone should check out Affordable Mobile Law Enforcement Training/High Liability. Founded by Ron Kelley, its goal is to provide affordable driver training to law enforcement. They offer a wide variety of solutions understanding potential funding issues and will even help a department solicit donations.
  
• Continuing with the training talk, HERE is a story about the correlation between the lack of training and the increased number of accidents in Maryland.
  
• Some interesting stories have been circling the last few weeks. The Clarion Ledger has run several stories about a potential Mississippi statewide pursuit policy that will be discussed in the upcoming legislative session. HERE is their story discussing the issue, as well as their editorial opinion HERE.
  
• I have been following and writing about the Franklinton PD and their policy after the death of two innocent sisters. They have since begun to form a panel to review their pursuit policy. Read the WRAL.com story HERE.
  

2007 was a productive year. PursuitWatch has continued to grow and I have some lofty goals for 2008. All the while, innocent lives continue to be lost throughout the nation. Let us get the word out the best we can... And save lives.

One they didn't publish

I sent this letter to the News & Observer (Raleigh, NC) concerning a pursuit by the Franklinton PD that killed two young sisters.

Subject: Unnecessary Tragedy

In the wake of Saturday’s police chase that ended in the death of two young sisters, the Franklinton Police Department must develop a progressive, well defined policy that only pursues those suspected of committing a violent crime. Simply stated, the pursuit of someone who was observed driving dangerously should have never occurred. Was the need to apprehend this man so important that it was worth the risk to both the officer and the innocent public? No.

Currently, according to reports, the Franklinton PD allows a pursuit if a felony has occurred. In this case the felony that justified the pursuit was the suspect’s refusal to pull over. If this is their justification, then what is the purpose of having a policy at all? This way they can pursue someone who has a broken taillight or littered.

A policy that only allows a pursuit if one is suspected of a violent crime such as rape or murder properly weights the safety of the public with the need to catch the bad guys. Law enforcement must understand that a smart policy does not hinder their ability to do their job. Technologies such as helicopters, radios, video cameras, GPS, and the everyday computer ensures us that just because the pursuing officer loses sight of the suspects does not mean they will get away.

Often, police forget that their job is not to arrest people but to keep their community safe. Did they do it in this case? No.

Independence, Mo.: Two pursuits, two deaths...

Two pursuits in less than 24 hours have resulted in two deaths, one of those a 17 year-old on his bike. Christopher Cooper (above) was crossing the street when the car being chased by police stuck him. The driver is cousin to St. Louis Cardinals star Albert Pujols. More information in the two stories below.


KMBC- Kansas City

Policedriving.com

You don't need me to tell you that this is madness. It's obvious. More to come following the holiday.

Letter to the Indy Star

I sent the following letter to the Indianapolis Star in response to an incident in which a pedestrian was stuck and killed by a police officer responding to a police pursuit. You can read the Indy Star article HERE.

Here is the letter to the editor in its entirety:

I found Indianapolis police Sgt. Matthew Mount’s comment in the Nov. 4^th article about the death of a pedestrian by a police officer responding to a high speed pursuit alarming. He explained, “Frankly, somebody jumping out in front of a police vehicle—with lights and sirens activated, operating within the parameters of what he’s supposed to be doing—is something you can’t control.” Sgt. Mount is wrong. The fact is the pursuit in which the officer was responding to should have never taken place. Police should not pursue suspects unless they are believed to be involved in a violent felony. Running a red light, as was the offense in this case, is not worth the risk of pursuing to both the police officers and the innocent public.

Sure, this also wouldn’t have happened if the suspect would have stopped when asked, but should law enforcement compound a bad decision by making bad decisions of their own? Police get in trouble when they lose control of the situation, and at no time in the career of a law enforcement officer are they less in control of events then during a police pursuit.

According to the Star, the IMPD can pursue for ANY reason. This is astonishing. Law enforcement must understand that a smart policy does not hinder their ability to do their job. Technologies such as helicopters, radios, video cameras, GPS, and the everyday computer ensures us that just because the pursuing officer loses sight of the suspects does not mean they will get away.

Often, police forget that their job is not to arrest people but to keep their community safe. Did they do it in this case? No.

Update: Motorcycylist Sought in Beltway Disaster...

In late May, I appeared on Countdown with Keith Olbermann on MSNBC. The inquiry stemmed from an accident in the Washington D.C. area where 2 were killed and 15 injured.

According to reports, a motorcycle was traveling upwards of 120 mph when Officer Scott Campbell began to pursue. Only moments later, during rush hour traffic, the police cruiser collided with a SUV, setting off a chain-reaction that killed two and injured 15. According to accounts of more than 20 witnesses, the police interview, a videotape of the chase, and other evidence, Officer Campbell could be fired and even face criminal prosecution. Sources say Campbell initiated the pursuit without radioing to dispatchers, which is required by policy. He has been placed on administrative leave with pay.

The Prince George's police department pursuit policy only allows pursuits if there is probable cause to believe that the suspect was involved in the use or threat of physical force or was involved in a hit-and-run accident that resulted in death or serious injury. "The policy says that an officer's primary concern should be the prevention of life, not capturing or identifying a suspect."

Until recently, the driver of the motorcycle remained unknown. However, his passenger recently came forward and identified the driver. Police are investigating. Although his identity might be known, the driver is still at large.

Source: WTOPnews.com

Transcript of MSNBC interview: HERE

22-Year-Old Killed in Tampa

Early last Wednesday 22-year-old Steven Cornell was killed when the vehicle he was riding in was struck by man who was fleeing from police by driving the wrong direction on I-275. This tragedy is even more shocking when considering the suspects past and the events that led to the death of Steven. Read the Tampa Tribune article HERE.

It turns out this was not the first time Charles Hicks had run from police. In fact, this is not the first time he had driven the wrong way on Interstate 275.

Here starts the list:

• In 1999 he was convicted of fleeing and eluding after driving on the wrong side of the road towards a police vehicle.
  
• In May, 2001, he was again charged with fleeing and eluding after speeding and running several stop signs.
  
• August, 2001: A suspect in a second-degree murder, Hicks once again ran from police, this time up the exit ramp of I-275. A jury acquitted him of second-degree murder but served 5 years for a series of other crimes.
• And, of course, we have the events of last week. I'll quote the Tampa Tribune:

Early Sunday, the Ford Escort he later crashed made a U-turn and drove directly at a police officer after the officer had tried to pull the car over, Proffitt said. The officer swerved to avoid the car, then chased it - only to pull off once the Escort started driving into oncoming traffic along 34th Street, Proffitt said.

Then on Wednesday, at about 2:06 a.m., the Escort raced toward an officer's squad car on 18th Avenue South, Proffitt said. The officer, Kevin Sullivan, swerved to avoid being hit and radioed in a description of the car.

Within a minute or two, Sullivan and a second officer, Brian Burton, spotted the Escort stopped in traffic lanes with its lights off on Dr. Martin Luther King Jr. Street. The officers turned on their lights and sirens to pull the Escort over, but it sped off into a neighborhood and they decided not to chase it, Proffitt said.

A short time later, Burton saw the Escort emerge from a side street and start coming toward his squad car, switching into the officer's lane in what appeared to be a deliberate drive toward a head-on collision, Proffitt said.

Burton swerved and braced himself for the impact but the Escort swerved at the last minute, narrowly missing the cruiser, Proffitt said.

The officer made a U-turn and started chasing the car, remaining in pursuit until it drove toward Interstate 275. There, the Escort went up the exit ramp and barreled north on I-275 in the southbound lanes, Proffitt said.

Burton immediately pulled off because continuing the chase would have been a violation of a department policy that prohibits pursuit while driving the wrong way, Proffitt said. The officer made a U-turn and entered I-275 on the northbound lanes hoping to keep track of the Escort, Proffitt said. Burton and other officers soon came upon the crash, near the 31st Street overpass. They found the Camry driven by Mary Cornell hanging off the edge, Proffitt said.

From the article, and I don't want to draw conclusions without all the facts, it appears that L.E. did their job correctly. It seems like our legal system let us down here...