Hartford Advocate

"One High-Speed Chase, Three Police Departments, Two Spike Strips, Six Civilians With Ruined Tires, And One Nonviolent Criminal. What The Hell Happened?" is the title, and the Hartford Advocate is the publisher.

On December 31st the police pursued a driver who fled a traffic stop, and before the events concluded 6 civilians had flat tires. I spoke to Jon Campbell for awhile, and the article is a good read.

John Phillips, president of the advocacy group Pursuit Watch, has been following police pursuits nationwide since 2002, when his sister, a civilian, died during a chase in Florida. She had stopped short to avoid Stop Sticks in the road, and was struck from behind by the fleeing suspect. Phillips echoed Scott’s sentiments about the wisdom of this particular chase.

“It seems like we’re lucky no one was hurt seriously, or, much worse, killed [in the Westport chase]. In hindsight was all of that worth the effort? What we feel is that unless the suspect was thought to have committed a violent crime, then pursuit is not worth the risk to the public or the officers themselves,” says Phillips.

Between 1997 and 2007, the last year for which statistics are available, an average of 354 people were killed annually as a result of police pursuits, according to the National Highway Traffic Safety Administration. The victims include not only suspects, but also police officers and innocent drivers, which make up about a third of that total. Advocacy groups say the real figures are almost certainly higher than those compiled by NHTSA, because not all departments are required to report pursuit-related fatalities.

You can read the rest HERE.

Random Links

- Cheryl Cooper, mother of Christopher Cooper who was killed when he was struck by a car fleeing police in 2007, has been advocating for better officer training. You can see a rundown of blog posts mentioning Christopher HERE.

- The Roanoke Times published an editorial calling for a review of the Roanoke Police Department's pursuit policy.

Response to Reader Comment

Recently, a reader of the blog responded to a post about a letter to the letter I submitted. Mr. Police Man, who runs a blog with the same name, wrote the following:

I don't mean this rude, as I understand where you are coming from, but why are you not fighting for more strict prosecution and greater sentences for the bad guys instead of going after the good guys trying to catch the bad guys for you?

That is what us on this side of the fense [sic] think. We are the guy running towards the bullets, putting our lives on the line at 10mph or 100mph. When does it ever come to the bad guy and his/her choice?

And let me state for the record that a stop sign, or speeding or broken tail light might not sound like all that important, but I've been doing this for 10 years and when I've been in a pursuit for those violations the suspect turned out to be a wanted murderer, car theft suspect, kidnapper, arson and many others. Do I go tell that family that I didn't chase the guy who just kidnapped their daughter, set her on fire and raped her because I wasn't 100% sure it was him driving the car that rolled through the stop sign? I hope this portrayes my frustrations. Take care and I look forward to more conversations.

Good post. I’d start out by pointing out that I certainly agree that there should be stronger penalties for those who flee the police. In my policy proposal for the Democratic nominee for Florida’s Governor Alex Sink I outlined a proposal to charge those who flee with at least a second degree felony instead of a 3rd degree. Our Mission Statement also argues that "fleeing and eluding should be a felony with mandatory prison time." If a fleeing criminal kills someone else I also argue they should be charged with murder, not manslaughter. After all, when you flee at dangerous speeds you know there is a very good chance you could hurt someone else.

We don't condone these poor decisions by who are usually young, dumb, males. However, we do believe that police should not compound bad decisions by criminals with risky behavior of their own. Of course this isn't saying that law enforcement doesn't have the best intentions. It just seems that sometimes law enforcement forgets that their job isn't to always catch the bad guys; rather it is to keep the public safe.

Next, you are right, a broken taillight might not sound like much but the suspect might be up to something much more serious. After all, when Ted Bundy was first arrested, he was pulled over for an invalid U-turn. He fled, police pursued and eventually arrested him. Unfortunately this in anecdotal evidence. Empirical evidence shows the most common crime committed, and assumed the reason for fleeing police, is that the car is stolen.

We simply believe that unless an occupant of the stolen vehicle has been suspected to have taken part in a violent crime that the dangers of pursuing for police officers and the innocent public do not make it worth it.

TheCopDoc Radio Show

Last week I had the pleasure of appearing on Dr. Weinblatt's TheCopDoc radio show.

You can learn more about Dr. Weinblatt at his website, HERE.

Joining me on the program was Captain Travis Yates of the Tulsa PD. He is also founder of PoliceDriving.com.

The hour long show covered many topics dealing with police pursuits; from training to technology. You can listen to the entire hour HERE.

Letter to the Editor

Below is a letter I sent to the editor of the Richmond Times Dispatch.

Re: In police pursuits, speed really can kill

Simply stated, the Henrico County Police Department must rethink their vehicular pursuit policy. First, it is simply not worth the risk to the officers and the public to pursue anyone who has not been suspected of committing a violent crime. We can run a license plate instantly, put a helicopter in the air in many cases, and radio to other officers in the area; all forms of technology that proves just because the initial officer does not chase does not mean the suspect will get away.

Next, police should not be concerned in making their policy public. Contrary to their argument, there is not some segment of the population waiting to hear what the policy is, and then refusing to pull over when asked now that they know they will get away. People either listen to the police, or they don’t. A vast majority of the time, those who flee are simply dumb young criminals who don’t want to go to jail, not vicious murderers. Just as important, a transparent policy can allow the department and the public to accurately evaluate if a pursuit should have occurred, and whether it was properly handled.

Unfortunately, it appears as if the Henrico County Police Department is not learning from the unnecessary death of Apostle Taylor, and it is just a matter of time before another innocent person is killed because law enforcement compounds the poor decisions of a young criminal with their own.

John Phillips

President/Director
PursuitWatch.org
Orlando, FL
321-228-9783

Policy Proposal for Florida Gubernatorial Candidate Alex Sink

Through a contact I was able to submit a policy proposal to current Florida CFO, and Democratic candidate for Governor, Alex Sink. Candy Priano of PursuitSAFETY joined me on this submission. I appreciate the opportunity and while it might not lead to dramatic policy change, it is certainly useful to catch the ear of an influential public figure. Below is the proposal.

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

When Sarah Phillips, a 20-year-old UCF student, was killed by a man fleeing police just outside of Orlando in 2001, and when 15-year-old Kristie Priano was killed on her way to a high school basketball game in 2002, they became two more innocent victims of police pursuits in the United States. Founded as a result of their deaths, PursuitWatch.org and PursuitSAFETY have been advocating for safe and smart police pursuits.

In regards to police pursuits, there are several important facts to take into consideration:

• Nationwide, 1 officer is killed every 6 weeks, and at least 3 innocent victims are killed each week.

• Officer deaths from vehicle collisions outnumber firearm related officer deaths.

• Pursuits result in up to 4,000 injuries to innocent Americans each year.

• From 1998-2007, at least 176 Floridians were killed during police pursuits.

• 88% of all chases are for non-violent crimes.

Given these statistics, we would like to make three recommendations to Alex Sink’s campaign for Governor of Florida.

1. Across Florida, all law enforcement agencies should be required to implement a clearly defined pursuit policy that prevents the review of a pursuit from being a guessing game. This must state what crimes warrant a pursuit, and what the proper action should be. A clearly defined policy allows officers to make the correct decision, helps in training for these situations, and for proper scrutiny and review by the chain of command to be possible.
2. In Florida, those who choose to flee police should be charged with at least a 2nd degree felony. Currently, those who flee are charged with a 3rd degree felony unless they show wanton disregard (2nd degree) or cause serious bodily harm (1st degree). (See Florida Statute 316.1935)
3. Law enforcement agencies should only pursue those who are suspected of committing a violent crime. Given the risk to peace officers and the innocent public, it is only worth the risk to pursue when there is an imminent threat to human life. It is also important to take into consideration that just because officers choose not to pursue with their vehicles thisdoes not mean the suspect gets away. The ability to use proven resources and technologies to apprehend drivers who flee does not require life-threatening behavior.
   

Finally, it is important to remember the financial costs (lawsuits, workers’ compensation, insurance claims). For example, a study done in St. Louis found one out of every 100 dollars spent in the police budget went to workers’ compensation claims for deaths and injuries arising from vehicular accidents. That is enough for St. Louis to employ 25 more officers.

John Phillips

President, PursuitWatch.org
321.228.9783

Candy Priano

Executive Director, PursuitSAFETY
A National Nonprofit Organization
530.343.9754

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.

Whittier Daily News

From the Whittier Daily News in Whittier California:

Watchdog groups, such as pursuitwatch.org, cite studies that show the danger of chases.

"Research shows that approximately 40 percent of all pursuits result in a crash, 20 percent result in an injury and 1 percent result in a death," said Geoffrey Alpert, a professor of criminal justice at the University of South Carolina, during an interview with pursuitwatch.org.

Many cities do not allow police chases for car theft, according to pursuitwatch.org.

You can read the rest of the article HERE.

It's been a busy few weeks for pursuit deaths across America.

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.