by Jonathan Farris Chief Advocate, Pursuit For Change February 10, 2019
I’ve been feeling really sad for the past few days. Flashbacks to the most horrible time in my life.
On Friday night I received an email from the parents of a young man killed just three days earlier. His death was the result of yet another unnecessary police pursuit for a crime other than a violent felony.
Three days ago we had 1 son, (our only child ) that was a healthy 27 year old man. He had a beautiful girlfriend who was a healthy young 25 year old woman. Our lives changed on the morning of Feb. 6th, 2019 at 2:17 AM at the corner of Mineral Ave. and Santa Fe Highway 85 in Littleton, CO when both of them were killed by a habitual criminal.
This occurred while she (fleeing driver) was being pursued by the Douglas County Sheriffs in a high speed chase, over many miles, at speeds up to 100 miles per hour. It ended with a 100 mile per hour t-bone collision killing 2 beautiful young people starting their adult lives.
At this time my wife and I are and will be for a very long time numb inside. We wake up at night and all is well till that next second when we remember that we no longer have a son.
This should never have happened to anyone, ever. Thank you for listening and hope to hear more about Pursuit for change.
Parents of Ryan Carter
In addition to Ryan’s parents losing their only son, the parents of Ryan’s girlfriend will now have this unimaginable sorrow, because their daughter was also killed.
Two young souls. Two beautiful people with so much to offer the world. Two individuals who should have had many, many more years to live their lives.
Now what? Two sets of parents who must bury their kids. Two families who will never share another birthday with them; or another Christmas; or a special wedding; or perhaps a grandchild who will never be born…
Please, please trust me when I tell you that the pain of these realizations is crushing. And although time will, hopefully, lessen Ryan and Jayne’s parents’ suffering, a deep sorrow and mind-numbing heartbreak has now become part of their “new normal”.
Ryan & Jayne. Photo from Denver7 News
My heart aches for these parents, because, in flashbacks like it was only yesterday, I too lived this nightmare.
Every day I read of another innocent bystander needlessly dying. And every day I’m reminded that my son is gone. And until many, many more of you become truly outraged and insist that pursuit policies and laws be strengthened, there will always be another Ryan and Jayne and Paul.
The insane Kansas legislation to remove liability for police pursuits
by Jonathan Farris Chief Advocate, Pursuit For Change
ACCOUNTABILITY. Here’s what the Cambridge English Dictionary says. “The fact of beingresponsible for what you do and able to give a satisfactory reason for it, or the degree to which this happens.” Seems like a fairly simple concept, doesn’t it?
But, apparently, the Kansas League of Municipalities and the Kansas Legislature think differently. They believe that police officers who knowingly conduct a police chase in an inherently dangerous manner, without consideration for innocent bystanders, should have ZERO ACCOUNTABILITY.
Excuse me, but let me call this legislation what it truly is. Complete BS.
This end-around of justice is simply the municipalities and legislators attempting to protect their financial bottom lines by REMOVING ACCOUNTABILITY. The legislators who have signed onto this bill are willing to simply toss out their constituencies’ safety solely so some city won’t have to defend a bystander death or injury-causing decision made by the local police.
Explain to me how removing ACCOUNTABILITY for poor decisions is going to improve law enforcement and protect law-abiding citizens?
But why stop with the removal of ACCOUNTABILITY for a dangerous police pursuit? Apparently the legislature and Kansas League of Municipalities thinks it’s OK for an officer to drive a 3,000 pound police vehicle through city streets at 100MPH and carry no responsibility for whatever happens.
So, let’s get creative. How about allowing officers use their firearm whenever they want, regardless of the outcome? Why? Because there is virtually no difference between these two scenarios when it comes to endangering bystanders. None. But hey, you know, it’s all about ending those pesky accountability lawsuits, not about protecting citizens.
Other legislative possibilities are endless. Maybe Kansas legislators can simply eliminate ALL ACCOUNTABILITY for everything they and the municipalities do. Wow, terrific idea, because that will reduce lawsuits and save tons of money.
Truly, does the Kansas legislature really care about citizens’ protection while those citizens are legally going about their business? Nah, not if those same silly bystanders are going to cause a city to spend money defending a justified legal challenge. Remember that, after all, this legislation is really all about ending those pesky accountability lawsuits and financial settlements.
Obviously, at least in in Kansas, ACCOUNTABILITY is way overrated…
A district court judge rejected claims contending the officer, Patrick Saleh, didn’t have a valid reason to initiate and continue the high-speed chase. An appellate court reversal pointed to a section of state law that says drivers of emergency vehicles have a duty to consider the safety of everyone.
The case is now before the Kansas Supreme Court.
Amanda Stanley, general counsel for the League of Kansas Municipalities, said the case sparked discussion about state law and whether police pursuits merit an exception. The league wants to remove the obligation to drive with a due regard for safety.
“A law enforcement officer’s pursuit of fleeing offenders is inherent in the officer’s duty to protect the public and often involves split-second decisions that are easy to second guess in retrospect,” Stanley said.
Members of the House Judiciary Committee hearing testimony this week about House Bill 2065 pointed out that, as it stands, the law doesn’t distinguish between police and other operators of emergency vehicles. The same standards appear to apply to ambulance drivers, volunteer firefighters and possibly funeral procession guides.
Rep. Russ Jennings, R-Lakin, said the law also seems to apply to other police activity, such as an officer responding to a distress call or bank robbery.
“It’s crazy to have a cop going out here 100 mph inside the City of Topeka limits,” he said. “That would be pretty foolish and reckless.”
Facts of the situation need to be considered, he said.
David Morantz, a Kansas City attorney whose firm worked on the case in question, recommended that lawmakers wait for the high court to issue a ruling before they reconfigure state law.
“This bill is either a very subtle way to completely change the law in Kansas and immunize law enforcement officers from even the most reckless conduct,” Morantz said, “or it’s a bill that the proponents and sponsors of it simply don’t understand.”
adminKansas Legislation Heading In A Dangerous Direction
I’m very pleased to announce the first FORMAL rollout of PursuitAlert – terrific safety technology from my friends Tim & Trish Morgan. Learn more about their company here. https://www.pursuitalert.com/our-story
Here is the story about their first live rollout with Oconee County Sheriff’s Department. Awesome! Videos are at the WSPA 7 News site linked below.
Police chase warning app launches in Oconee County
Oconee County Sheriffs Office is rolling out new technology to alert the public to high speed chases in their area. The way this technology works is when a high speed chase is happening in a 2 mile radius the public will be alerted.
The catch is that the citizen must have this free app PursuitAlert. It’s a project that’s been in the works for nearly two years.
The way it works is when a chase starts the deputy can hit a button on the device in their car and the alert goes out. Sheriff Mike Crenshaw says this isn’t just a benefit for the public but also the safety of their deputies and furthering investigations. The technology will allow them to track their speeds and routes while pursuing a suspect.
The sheriff says the cost for everything comes from the sheriff’s office and all the residents need to do to make this work is download the app. He even encourages parents who have kids at Clemson to download it too.
State And Local Law Enforcement Agencies Conducted An Estimated 68,000 Vehicle Pursuits In 2012
NEWS PROVIDED BY Department of Justice, Office of Justice Programs May 09, 2017, 10:00 ET
WASHINGTON, May 9, 2017 /PRNewswire-USNewswire/ — General purpose state and local law enforcement agencies conducted an estimated 68,000 vehicle pursuits in 2012 for an average of 186 pursuits per day, the Bureau of Justice Statistics (BJS) announced today. Local police departments conducted most of these pursuits (about 40,000) followed by sheriffs’ offices (about 18,000) and state police and highway patrol agencies (about 10,000).
These findings are based on data from the most recent (2013) BJS Law Enforcement Management and Administrative Statistics survey, which included a nationally representative sample of general purpose state and local law enforcement agencies. It excluded federal agencies and special jurisdiction agencies (such as campus and park police).
In 2012, all local police departments serving 250,000 or more residents and nearly all (95 percent) of those serving 50,000 to 249,999 residents conducted vehicle pursuits. In comparison, fewer than half of local police departments serving fewer than 10,000 residents conducted vehicle pursuits.
Among sheriffs’ offices, about 9 in 10 agencies serving 100,000 or more residents, eight in 10 agencies serving 25,000 to 99,999 residents and seven in 10 agencies serving 10,000 to 24,999 residents conducted vehicle pursuits in 2012. In comparison, 43 percent of sheriffs’ offices serving fewer than 10,000 residents conducted vehicle pursuits.
During the 20-year aggregate period from 1996 to 2015, police vehicle pursuits resulted in more than 6,000 fatal crashes, according to the Fatality Analysis Reporting System, which is maintained by the National Highway Traffic Safety Administration within the U.S. Department of Transportation. These fatal crashes resulted in more than 7,000 deaths, an average of 355 per year (about one per day). Fatalities peaked in 2006 and 2007, with more than 400 deaths each year.
As of January 2013, all state police and highway patrol agencies and all local police departments serving 25,000 or more residents had a written vehicle pursuit policy. At least 95 percent of sheriffs’ offices in each population category of 10,000 or more had a written vehicle pursuit policy.
An estimated 2 percent of local police departments and 1 percent of sheriffs’ offices prohibited vehicle pursuits. No state police or highway patrol agencies prohibited pursuits. Most local police departments (71 percent), sheriffs’ offices (63 percent) and state law enforcement agencies (53 percent) had a policy that restricted pursuits based on specific criteria, such as speed, type of offense and surrounding conditions.
About 30 percent of state police and highway patrol agencies permitted officers to use their own discretion when deciding to initiate a vehicle pursuit. Smaller percentages of sheriffs’ offices (17 percent) and local police departments (13 percent) had discretionary pursuit policies.
Agencies with a policy that left pursuit decisions to an officer’s discretion had the highest vehicle pursuit rate (17 pursuits per 100 officers employed), while agencies that discouraged or prohibited pursuits had the lowest pursuit rate (2 per 100 officers). Agencies with a restrictive policy conducted 8 pursuits per 100 officers employed. Agencies with discretionary pursuit policies employed 11 percent of all officers and conducted 19 percent of all vehicle pursuits. In comparison, agencies with restrictive pursuit policies employed 78 percent of all officers and accounted for 69 percent of all pursuits.
The report, Police Vehicle Pursuits, 2012-2013 (NCJ 250545), was written by BJS statistician Brian A. Reaves (former). The report, related documents and additional information about BJS’s statistical publications and programs can be found on the BJS website at www.bjs.gov.
The Office of Justice Programs, headed by Acting Assistant Attorney General Alan R. Hanson, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART). More information about OJP and its components can be found at www.ojp.gov.
Honorable Tom Barrett Mayor, City of Milwaukee City Hall 200 E. Wells Street Room 201 Milwaukee, WI 53202
Dear Mayor Barrett,
On New Year’s Eve yet another Milwaukee police chase ended with the deaths of three – one being a two-year old child. I am beside myself with grief – for that child and for the City of Milwaukee.
How, other than in a totally political environment, could Milwaukee have fallen so very far in such a short time?
On Thursday, December 6, the Milwaukee Police Department announced that carjackings were down. Fox6Now reported that “Police credit change in pursuit policy for dramatic decrease in carjackings.” This is a story about Milwaukee’s quest to reduce joyriding and stolen vehicles. It is an honorable mission, but officials are using a seriously flawed and incredibly deadly battle plan.
Is it not true that carjackings were already declining under the former, safer pursuit policy, because that policy specifically did permit pursuits of carjackers?
Almost all of Milwaukee’s 2018 pursuit-related deaths and many injuries were as a direct result of MPD’s new, weakened policy that permits dangerous high-speed chases for traffic offenses. Yet it would appear that this new policy’s only actual results are many more dangerous chases, more innocent bystander deaths and injuries, and even an officer’s death – virtually all for non-violent felony pursuits.
Fox story referenced a critical statistic. “In 2017, there were 386 pursuits. As of Dec. 6, 2018, there had been more than 800.” These stats indicate MPD will conduct over 900 pursuits in 2018. Officers and innocent citizens were placed in danger 500 times more in 2018 than in 2017. How can this be acceptable to anyone?
Milwaukee residents and visitors to the city have a very real reason to be frightened. Think about it: These stats represent an average of 18 life-endangering pursuits per week, and that does not include the many pursuits started in surrounding jurisdictions which later cross into Milwaukee.
So, I ask you sir, “What is the price, in human life and suffering, that Milwaukee is willing to pay to apprehend speeders, other non-violent felony driving violators and stolen vehicles?”
I also ask you another critical question. “What happens to those who are apprehended under this revised and dangerous policy?” I contend that the answer is no different than under the previous MPD administration’s more restrictive and safer pursuit policies – not enough.
There are many other questions you should be asking and answering.
Based on 18 pursuits per day, do you REALLY BELIEVE this new policy is working?
Does the DA ever charge for “felony eluding?” I haven’t heard anything about that.
What happens to apprehended car thieves?
Are all of these “dangerous criminals” being convicted?
Are these criminals ultimately serving any jail time, or simply being released back onto the streets 48 hours after their apprehension?
How many stolen-vehicle pursuits end in the stolen vehicle being totaled or damaged anyway?
With an obscenely high 900 pursuits in 2018, have you consider comparing Milwaukee with other major cities? I am willing to bet that such a study will show Milwaukee is wildly out of statistical norms.
If this greatly weakened pursuit policy is actually working, shouldn’t pursuits be declining, not rising like a SpaceX rocket?
And, if this policy was actually working, shouldn’t pursuit-related deaths and injuries be declining? That is obviously NOT the case.
In the New Year’s Eve pursuit, both the old and new policies would have authorized the initiation of a pursuit. But there are still questions even in this case.
Was policy followed once the pursuit exceeded 80mph on city streets?
At what point should the safety of citizens have been deemed more important (by the pursuing officers and their command) than the desire for immediate apprehension of this suspect?
Did any of the pursuing officers have MPD’s already-deployed GPS technology? That would have allowed a tag and follow-safely scenario.
Finally, consider this: If that little girl had been a hostage held in a building, she likely would have been freed during MPD’s hostage negotiations. But there is no negotiating at 90 mph, just sudden and unnecessary death.
If officers had shot and killed as many people as have died in Milwaukee’s 2018 pursuits, you and city alderpersons would be demanding investigations, changes, and corrective actions. Yet, because these deaths were caused by 3,000-pound bullets and not those fired from guns, there is a deafening silence from city officials.
There is no dishonor for public officials to reassess policies that are not working. In fact, that is an obligation. Yet I contend, for contentious political reasons, Milwaukee officials are conveniently ignoring the facts and are forgetting those killed and injured in these 2018 chases.
These people, their stories, their families and their friends simply end up as collateral damage, forgotten before the wreckage is swept from the street.
But I do not forget. Ever. It’s personal for me; and has been since my son was killed in an equally unnecessary police chase.
Innocents are already killed too often in violent felony situations. Unnecessary bystander deaths as a result of non-violent felony chases makes it even more critical that Milwaukee return to a safer, violent felony-only pursuit policy.
If you missed the daily carnage reports, here are several truly horrible 2018 consequences caused by Milwaukee’s weakened pursuit policies.
Milwaukee police officer Charles Irvine killed. LINK
Other major cities invest in training and technology to reduce pursuits and still catch criminals. Milwaukee already has an excellent start using technology that will reduce the need for unnecessary pursuits. As I understand, the original MPD 2018 budget had additional funds allocated to equip even more police vehicles with GPS technology. Did they take advantage of this?
Unless saner minds prevail, there will most certainly be more Milwaukee police chase deaths, injuries and the lawsuits that will follow.
Mayor, you and I both know that Milwaukee CAN do better. Milwaukee MUST do better. Much better. But it takes a committed and courageous leader to drive such a change. I truly hope that you are such a leader.
Wishing Milwaukee a significantly safer 2019.
Jonathan Farris Chief Advocate Pursuit For Change
adminAn Open Letter to Milwaukee Mayor Tom Barrett
I recently read about your desire to pass legislation creating greater consistency in pursuit-policies across Georgia jurisdictions (news story below). It was disappointing that your SB 42 was unable to gain traction. I obviously don’t need to tell you, but legislation affecting and mandating law enforcement follow certain rules is an incredibly tough hill to climb.
I applaud your efforts and I know it is critically important for laws to be changed if we truly want to save bystander and law enforcement officer lives. It is especially important to me because my 23-year old son was an innocent victim, killed in a totally unnecessary, misdemeanor traffic violation pursuit outside of Boston.
My name is Jon Farris. I am the founder and Chief Advocate of Pursuit For Change, a national police pursuit victims’ advocacy group. The organization works with legislators, media and law enforcement. We are primarily focused on LEO departmental pursuit policies, laws related to pursuits, pursuit reduction technology and increased officer driving training. Each of these actions will reduce unnecessary police chases and prevent innocent citizen and police officer deaths and injuries. We continue to work toward the following goals:
Mandatory Federal Statistical Tracking of pursuit injuries and deaths
Greater grant funding to support law enforcement usage of pursuit reduction technology
Law enforcement funding for pursuit driving training
Pursuit policy modifications including greater inter-jurisdictional policy consistency and movement toward violent felony-only pursuits
Jonesboro Democrat wants police chase policy for all of Georgia
Posted: 4:08 p.m. Friday, December 14, 2018
A southwest Atlanta woman was heading to church in January 2016 with her two grandchildren when a man fleeing College Park police slammed into their car, killing all three. Now their family is urging Georgia lawmakers to establish a statewide policy for when officers should pursue a suspect and when they should call off that chase to keep the public safe.
“State Patrol gets a year of training,” said Doug Partridge, whose children and mother-in-law were killed in the crash. “But city police aren’t getting enough training to know how to handle these chases.”
While statewide statistics weren’t available, the loss of Partridge’s family members isn’t an isolated incident. A South Fulton police officer pursuing a stolen vehicle last month collided with a van, killing three men.
State Sen. Gail Davenport, D-Jonesboro, said she plans to file legislation in January that would create a standard for state, county and city police agencies that authorize police pursuits. She proposed a similar bill in 2016, but it received no traction.
“We support the police. We respect the police,” she said. “But we want to make sure no innocent lives are lost.”
Law enforcement officials who spoke at a hearing Friday to study police pursuits agreed that specialized training was necessary to keep the public and officers safe, but they told senators they believe those decisions should be made by each jurisdiction.
“I know that a lot of times the incidents that occur are very difficult, and they’re ones that are very emotional,” Georgia State Patrol Col. Mark McDonough said. “But for the bigger picture, I think that it’s important … that folks need to realize that when a police officer signals them to pull over, it’s their responsibility under the law to do so.”
Some local jurisdictions, including Atlanta and Dunwoody, don’t allow officers to pursue cars when the driver isn’t actively violent or accused of committing a felony. South Fulton police changed their policy on pursuing stolen cars Nov. 27, about two weeks after last month’s fatal crash.
It is up to the officer to weigh the seriousness of the crime against the threat of endangering the public and decide whether to call off the pursuit.
Joi Partridge said she wants officers statewide to get the proper training to know when it becomes unsafe to the public to continue to pursue a suspect who is fleeing — such as when the chase enters a neighborhood. Had that been the policy of College Park officers in 2016, she said she believes her mother, 12-year-old son and 6-year-old daughter would still be alive.
“It doesn’t make sense to chase through a neighborhood where the speed limit is 25 or 35 miles an hour,” she said. “After the accident, they didn’t even apprehend the suspect.”
Partridge and her husband are suing the College Park and Atlanta police departments in the deaths in their family.
Police pursuits: Are they worth risk of injury, death?
An OpEd by Jonathan Farris, Chief Advocate, Pursuit For Change
Thanks for an interesting and in-depth story regarding police pursuits in your area. I am encouraged when reporters delve into this national issue.
It is very clear that Richmond Police Department, Wayne County Sheriff’s Office and Indiana State Police all have weak pursuit policies compared with more progressive jurisdictions across the US. Those stronger policies specifically define (and limit) when an officer can and cannot chase.
Over and over and over we listen to chiefs and sheriffs with similarly lacking policies espouse their excellent training and how qualified their officers are to decide when and how long and how far and how fast to pursue. Yet over 90% of pursuits are started after a non violent felony crimes – crimes which were not endangering anyone, like 4-year-old Madilynn Roberts above, UNTIL THE PURSUIT BEGAN.
As a result of departments continuing to sanction pursuits for non violent felony crimes and misdemeanor infractions, thousands of innocent citizens are killed and/or maimed annually. Additionally, on average, seven (7) LEOs are killed and scores more are injured. Six (6) officers have been killed in pursuit-related crashes so far in 2018.
Although there are a handful of states that mandate reporting of pursuit-related deaths, there is still no mandatory 50-State or Federal tracking of police chase-related deaths or injuries. As a result, we know there are many more pursuit injuries and deaths that are simply tallied as vehicular “accidents.”
Yet dangerous police chases persist like an antibiotic-resistant pandemic. Way too often we hear the exact same comment from departmental leadership, “We feel we’re doing as much as we can.” But they are NOT. If they were truly doing “all that they could,” then their pursuit-driving policies would be significantly stronger and they would cease to put their officers and innocent citizen at risk for petty crimes and misdemeanor traffic violations.
At Pursuit For Change and Pursuit Response we are working to highlight and actually do something about this massive public travesty. We are working diligently with state and Federal legislators for:
– Mandatory Federal Statistical Tracking of pursuit injuries and deaths – Greater grant funding to support law enforcement usage of pursuit reduction technology – Law enforcement funding for significantly more pursuit driving training – Pursuit policy modifications including greater inter-jurisdictional policy consistency and movement toward violent felony-only pursuits
Thanks again for your reporting. It is critical that you and other reporters keep asking the difficult questions. Too many folks in the general public have no idea how pervasive the #PoliceChase problem is. And too often they find out TOO LATE – only after a loved one is killed or seriously injured.
So, to answer your question, non violent felony pursuits ARE SIMPLY NOT worth the risk of injury and death to LEOs and innocent bystanders.
Police pursuits: Are they worth risk of injury, death?
by Mike Emery (@PI_Emory) (email@example.com) Updated 9:36 a.m. ET Dec. 21, 2018
RICHMOND, Ind. — A tree occupied space where the white Ford’s passenger side should have been. The flying car had smashed sideways into the tree and wrapped itself partially around the trunk.
It looked horrendous as Richmond Fire Department personnel worked to free a 23-year-old passenger from the vehicle. Haley Caldwell and 4-year-old Madilynn Roberts both sustained serious injuries when the 19-year-old driver, Daniel Zenon Arguijo, lost control of the Ford while leading police on a high-speed pursuit Nov. 30 down U.S. 40. The incident sparked a social-media debate about the value of that pursuit versus the risk associated with it.
The injuries were serious, but not fatal. Unfortunately, that’s not always the case when suspects flee police. And about a third of those who do die aren’t even involved in the pursuits.
The National Highway Traffic Safety Administration released statistics that the United States recorded 7,090 deaths related to police pursuits for the 20-year period from 1996 through 2015. That averages 355 — or nearly one a day — per year. Of those deaths, 88 were law enforcement officers, 4,637 were in the vehicle being chased, 2,088 were in a vehicle not involved and 277 were innocent bystanders.
Which leads to the important question for communities and law enforcement agencies: Are police pursuits worth it?
Richmond Police Department, Wayne County Sheriff’s Office and Indiana State Police all have policies and procedures in place that permit officers to pursue fleeing suspects at the officer’s discretion. Nationwide, some agencies absolutely prohibit vehicle pursuits. Those agencies decided the risks to citizen and officer safety outweigh the need for suspect apprehension.
Accidents, injuries and worse occur regularly nationwide when drivers flee law enforcement and officers choose to pursue. According to the Department of Justice’s Bureau of Justice Statistics’ analysis of the International Association of Chiefs of Police pursuit database, 15 percent of pursuits end in crashes. The database recorded 5,568 pursuits from 115 agencies from 2009 to 2013. One in every 200 pursuits in the database ended with a fatality, and there were two serious and 10 minor injuries for every 100 pursuits.
Those serious accidents and deaths occur in Wayne County, too.
Police pursuits in Wayne County over the years
A review of Pal Item stories involving police pursuits from 2011 through 2018 revealed 18 chases that ended in crashes. Two of those crashes killed the driver of the fleeing vehicle.
On March 11, 2013, Richmond Police Department pursued a wanted man onto Indiana 227. Even though officers discontinued the pursuit because of weather conditions and the dangerous way the suspect operated his Pontiac, the vehicle left the roadway and struck two trees, killing the driver.
On May 23, 2017, the Indiana State Police pulled over a driver in Henry County, and when the officer suspected impairment and asked the driver to step out of the car, the driver sped off. When entering Wayne County, the Cadillac was speeding enough to fly over a cable barrier in the median into oncoming westbound traffic. A head-on collision with a pickup killed the fleeing driver and injured two people in the pickup.
Even since the Nov. 30 incident, there have been pursuit incidents in Wayne County and Indiana.
A Muncie man escaped one multi-county pursuit of his Ford on Dec. 17, then led another pursuit after state troopers located him in Wayne County. David Reed Shoemaker, 43, lost control of his Ford, which left Mineral Springs Road and came to rest on its side in a wooded area. Shoemaker was not seriously injured.
An Indiana police officer was not as lucky Dec. 12. Hundreds attended Tuesday’s funeral services for Sgt. Benton Bertram, 33, in Charlestown, Indiana. The nine-year veteran of the Charlestown Police Department died when his police vehicle left Indiana 3 in Scott County and struck a tree. According to the online Officer Down Memorial Page, Bertram is the sixth law enforcement officer in the United States to die this year while engaged in a police pursuit.
Officers constantly balance community safety with the need to engage in pursuits or let suspects go
Of the 7,090 deaths related to pursuits from 1996 through 2015, 192 occurred in Indiana and 231 in Ohio. Seven of the Indiana deaths were police officers, 129 were people in the fleeing vehicle, 53 were people in another vehicle and three were bystanders. In Ohio, one was an officer, 100 were in fleeing vehicles, 116 were in other vehicles and 14 were bystanders.
By any count, pursuits pose one of the most dangerous actions police officers face. Officers must constantly balance community safety with the need to pursue. Is the community safe if officers let the suspect go? Is the community safe if officers continue to pursue?
It’s a tough spot with no easy answers.
“We’ll let people go we shouldn’t have,” RPD Chief Jim Branum said, “but it’s better to err on the side of caution.”
Branum said RPD has had 14 vehicle pursuits during 2018. None of those ended in an accident or with injuries.
And that’s how pursuits most often end. The International Association of Chiefs of Police database shows the pursued driver gives up and stops 29 percent of the time and 25 percent end when the police discontinue the pursuit, 17 percent end with the suspect eluding officers, 9 percent end with police intervention and 2 percent end with the suspect vehicle becoming disabled. Those cause no harm; however, the 15 percent that involve collisions do.
And that’s a rate too steep for some. The Bureau of Justice Statistics said an estimated 2 percent of local police forces and 1 percent of sheriff’s offices prohibited vehicle pursuits completely. Allowing a suspect to escape, though, runs against officers’ instincts.
“It’s tough to tell a young policeman to let a violator go, because catching the bad guy is what they’re hired to do,” Branum said. “Then, letting this person go, is that a danger to the public, as well?”
RPD, sheriff’s department and state police policies allow pursuits; however, they list factors an officer should consider when deciding to pursue. The factors include:
The severity of the offense committed by the suspect, which can be complicated by the fact the act of fleeing in a vehicle is a felony itself in Indiana;
Whether the suspect can be identified for later arrest;
The safety of those involved and the general public;
The amount of traffic on the roadway;
The time of day;
The speeds associated with the pursuit:
The road conditions; and
The perceived driving ability of the suspect, such as if the driver an inexperienced teenager.
Those factors must continuously be considered as the officer pursues. The three departments also allow officers and supervisors the authority to discontinue a pursuit at any time.
“There are lots of things to consider in a short amount of time,” said Branum, who noted he has discontinued pursuits as a supervisor. “And they’re all things you learned after becoming a police officer.”
The rules also lay out procedures and techniques for the execution of pursuits. All three agencies also then require a review of each pursuit that analyzes justification for the pursuit, the communication involved, the supervisors’ roles, equipment or training needs, disciplinary concerns and policy or procedure revisions.
Sheriff Jeff Cappa said the sheriff’s department policy meets the standards established by the Commission on Accreditation for Law Enforcement Agencies, which has accredited the agency.
“I have a very professional staff, and they’re trained very well,” said Cappa, whose agency was involved in five pursuits during 2017 with no accidents or injuries. “They understand what the job requires in those situations.”
Traffic violations are primary reason why police pursuits begin, but officers often left wondering why suspects flee
The chase of Arguijo that ended with the Ford wrapped around a tree began with Arguijo running a stop sign and nearly striking Patrolman Adam Blanton’s vehicle. Arguijo sped away when Blanton turned to attempt a traffic stop.
That’s the most common reason for pursuits to begin, according to the Chiefs of Police database. Traffic violations trigger 69 percent of the pursuits, including 16 percent for speeding, 13 percent for reckless driving and 12 percent for suspicion of impaired driving. Suspects thought to have committed non-violent felonies — often auto theft — account for 12 percent of the pursuits, violent felonies for 9 percent and misdemeanors for 8 percent.
Pal Item stories about pursuits included those beginning for traffic stops, but officers also pursued a Florida murder suspect, an attempted murder suspect, robbery suspects, break-in suspects, suspects wanted on warrants, counterfeiters and suspected stolen vehicles. Even with traffic stops, there’s reason for officers to wonder why a suspect would commit a felony — the fleeing — to avoid a simple traffic citation.
“You don’t know why the person is fleeing,” Branum said.
During Blanton’s pursuit of Arguijo, the officer showed awareness of the traffic conditions on U.S. 40, which were lighter than expected at the time of the pursuit, and the fact other drivers were aware of Blanton and pulling to the side even before Arguijo reached them, according to an affidavit of probable cause. Blanton also noted he could not get close enough to procure Arguijo’s license plate number and that he was losing ground to Arguijo.
Still, Arguijo lost control when a vehicle pulled out of a shopping center entrance in front of him. Arguijo was later found to be under the influence of methamphetamine when he fled, running six stop signs and five red lights before he crashed. He has been charged with Level 5 felony resisting law enforcement causing serious injury, two counts of Level 6 felony driving under the influence of a controlled substance and causing serious injury, Level 6 felony criminal recklessness with a deadly weapon, Class A misdemeanor operating under the influence of a controlled substance while endangering a person and Class C misdemeanor operating under the influence of methamphetamine.
Shoemaker, who also crashed his Ford, fled to avoid a traffic stop in Muncie. He led police through four counties before his crash west of Centerville. Shoemaker was jailed on charges of Level 5 operating as a habitual traffic violator with a lifetime suspension and Level 6 felony resisting law enforcement.
Both men exceeded 90 miles per hour while they were being chased. The pursuit database shows 23 percent of pursuits topped 90 mph and 45 percent exceeded 70 mph. Wayne County pursuits regularly reach high speeds because of the roads that cross the county, including Interstate 70, U.S. 40, U.S. 35, Indiana 38 and Indiana 1.
Those roads also contribute to pursuits entering the county from other Indiana counties, such as Shoemaker, and from other states. Pal Item stories reflected pursuits that began in Delaware, Randolph, Henry, Union and Marion counties in Indiana, plus Preble and Montgomery counties in Ohio. In those instances, the Wayne County officers assist other agencies. On I-70, Branum said, local officers often are just asked to block exit ramps to keep the pursuit on the highway.
How police pursuits end: from stop sticks to roadblocks and other immobilization techniques
The proximity to the state border also means local pursuits travel into Ohio. Agency policies dictate what pursuits may be continued into Ohio and local officers’ roles once entering the neighboring state.
While the suspect driver in a pursuit might have a destination in mind, leaving pursuing officers “trying to keep up,” Branum said, officers have the advantage of their radios. That’s especially true now that the county has a centralized 911 center that dispatches calls for all county agencies. Dispatchers can communicate with every unit in the county, plus alert neighboring counties and states during a pursuit.
“It’s nearly impossible to outrun the radio, even if you can outrun the car,” Branum said.
The best conclusion to any pursuit is for the fleeing driver to pull over and surrender. Some will bail from their vehicles and attempt to run away from officers, which still is safer than high-speed pursuits. Other than that, officers can use tire deflators (stop sticks), roadblocks and sheer numbers to stop a fleeing vehicle. Only the state police permits precision immobilization techniques where officers use their vehicles to contact the fleeing vehicle, and then only under strict circumstances, such as lower speeds and by trained officers.
“The strategy is that there are enough units in the area so that the driver decides there’s no place to go,” said Branum, who noted stop sticks are never used on fleeing motorcycles that would crash as a result.
Pal Item pursuit stories noted five pursuits that were ended using stop sticks. Other pursuits ended when the fleeing drivers pulled into driveways, abandoned vehicles and ran, plowed into farm fields, traveled into yards, drove through a fence, struck law enforcement vehicles and crashed.
At least two technology-based ideas have been developed to assist officers in pursuits, but neither has become commonly accepted or used.
One idea involves firing a small, adhesive, GPS tag onto a fleeing vehicle from a launcher located behind the police vehicle’s grille. That allows officers to back off and track the suspect vehicle on a computer, delaying the arrest but eliminating a possibly dangerous pursuit. One drawback, however, is that a police vehicle equipped to fire the GPS tag must get close enough to the fleeing vehicle to attach the tag.
Another idea involves using a remote to disable the engine of a fleeing vehicle. Branum said he wonders how the fleeing vehicle would react if the engine suddenly shuts down at high speed.
Of pursuits in the Chiefs of Police database, 57 percent ended within three minutes and 66 percent covered less than three miles. The data shows that the longer a pursuit lasts and when more law enforcement vehicles become involved the likelihood of a crash increases.
Cappa and Branum said their officers are trained in emergency vehicle operation when they attend the Indiana Law Enforcement Academy for their initial training. The state then requires additional annual training in operating emergency vehicles. The training is classroom training and in-car training. Cappa said his officers received both kinds of training this year, while Branum said RPD alternates years between classroom and road training.
The road training, he said, usually is done at the Richmond Municipal Airport on a timed course that tests the necessary skills. Officers drive their day-to-day vehicles when training.
“We feel we’re doing as much as we can,” Branum said.
That training, however, does not make officers, such as Sgt. Bertram, infallible when in pursuit. Also, the drivers fleeing from law enforcement do not receive such training. And their vehicles might not be pursuit ready such as law enforcement pursuit-certified vehicles. Those drivers, much like Arguijo and Shoemaker, can lose control and crash.
In the end, officers must quickly and continuously weigh many factors and reach a decision about engaging in a pursuit.
“I think part of how you combat that is have a policy in place, have guidelines and lay down for the officers that these are the rules,” Branum said. “I think we’ve done well the past three of four years I’ve had reason to monitor it.”
Most times the officer will apprehend a driver who chose to flee, and sometimes that driver will present a clear — if not deadly — danger to society. But other times, suspects, police officers and innocent bystanders will also continue to sustain serious injuries and lose their lives because of police pursuits.
Which leads back to the important question for communities and law enforcement agencies: Are police pursuits worth it?
adminPolice pursuits: Are they worth risk of injury, death?
Opinion: Milwaukee Gambles with Citizen and Officer Lives
by Jonathan Farris Chief Advocate, Pursuit For Change December 10, 2018
On Thursday, December 6, the Milwaukee Police Department announced that carjackings were down and @Fox6Now Milwaukee reported that “police credit change in pursuit policy for dramatic decrease in carjackings.” This is a story about the City of Milwaukee and their quest to reduce joyriding and stolen vehicles. It is an honorable mission, but they are using a very deadly battle plan.
In this recent story, please note this critical statistic. “In 2017, there were 386 pursuits. As of Dec. 6, 2018, there had been more than 800.” MPD is on its way to over 900 pursuits this year. That means officers and innocent citizens will have been placed in harm’s way +500 times more in 2018 than in 2017.
That ought to scare anyone who lives in or near the city or ever visits Milwaukee. These stats mean there will be, on average, EIGHTEEN chases per week.
There are other glaring omissions in this news story.
First, as I understand the previous MPD vehicular pursuit policy, in place before the MFPC mandated now-retired Chief Flynn to weaken it, that policy specifically permitted pursuits for carjacked vehicles because carjacking is a crime of violence. Therefore, to assert that pursuits for traffic violations impact the number of carjackings is false.
Second, it’s critical to understand there is no causal relationship between increased pursuits for misdemeanor traffic violation and non-violent felonies and any reduction in carjackings (which are violent felonies).
Third, well before MPD’s pursuit policy was weakened, carjackings were on a downward track. From 2015-2017, carjackings went down 21% and from 2016 to 2017, the reduction was 12%. *
Finally, and of greatest importance, we have already forgotten about those who were killed and injured in these 2018 chases. It seems like personal tragedies end up as so much collateral damage, forgotten before the wreckage is cleaned from the street.
But I will not forget. Ever. It’s personal. Here are just a few of the horrible outcomes that these 2018 increased police chases have caused in Milwaukee. Note that the first three of these, each with the death of an officer or innocent, were pursuits as the result of non-violent felonies and traffic violations.
Milwaukee police officer killed, another injured in squad car crash. STORY HERE Reason for pursuit – “reckless operation violation” and not a violent crime. A Milwaukee police officer was killed Thursday and a fellow officer was injured when their squad car crashed while chasing another vehicle, authorities said. The death of Officer Charles Irvine Jr., 23, was confirmed during an evening news conference by Milwaukee police Chief Alfonso Morales.
Innocent citizen killed by driver fleeing police.STORY HERE Reason for pursuit – “reckless operation violation” and not a violent crime. A 65-year-old woman, who was the front passenger of the Hyundai, suffered fatal injuries during the accident. The Milwaukee County Medical Examiner’s Office has identified her as Sylvia Tiwari. “She was like a mother, a mentor, a pastor. When they took her, they definitely took a part of me,” said a co-worker of Tiwari. Debris in the road belonged to the car that was carrying Tawari and her daughter Latrece Hughes, now in critical condition.
‘This was horrific:’ 1 dead, 2 seriously injured after police pursuit ends in crash. STORY HERE Reason for pursuit – “reckless operation violation” and not a violent crime. A police pursuit on Milwaukee’s south side led to a deadly rollover crash. One person died and a 20-year-old man and a 22-year-old woman, were seriously injured during the accident. They were both taken to a hospital for medical care.
3 in custody after police pursuit, crash involving taxi in Milwaukee. STORY HERE Reason for pursuit – “reckless operation violation”. Pursuing officers were unaware of possible earlier criminal activity. A high-speed pursuit with Milwaukee police ended in a violent crash near 27th and Hadley. The fleeing driver crashed into a taxi. Three people in the taxi were taken to the hospital.
There are more stories, more unsuspecting citizens and more courageous officers who will be caught up in the insanity of Milwaukee’s increased pursuits of non-violent felony offenders. According to the National Law Enforcement Officers Memorial Fund, a nonprofit group that has long tracked officer fatalities, published that “over the past 20 years, traffic-related incidents have been the number one cause of officer fatalities.” And sadly, as of 2018 Officer Irvine is a member of that group.
Milwaukee can do better – just ask other cities that invested in training and technology to reduce deaths and injuries related to pursuits. And as I said in an August 31, 2018 article, Mayor Tom Barrett and the Common Council have approved funding for additional technology tools to be used by MPD. Yet nothing has been done with those funds.
Until saner minds prevail, I will most certainly be reporting more of Milwaukee’s police chase deaths and serious injuries and the lawsuits that will follow.
*Office of Management Analysis & Planning, Milwaukee Police Department, 12/29/2017
MILWAUKEE — The Milwaukee Police Department announced on Thursday, Dec. 6 a decrease in carjackings within the city. Police credited a change in the pursuit policy — with officers going after stolen cars and reckless drivers more often.
In 2017, there were 386 pursuits. As of Dec. 6, 2018, there had been more than 800.
“Some people thought they were just joyriding. Like, I could just ride around,” said Bianca Williams, Stop the Stollies.
Williams said there are carjackers in her family.
“Some of them got jail time,” said Williams.
That’s why Williams started “Stop the Stollies,” a campaign aimed at educating young people about the seriousness of stealing cars.
“Some of them get the (GPS) bracelet and really learned the hard way,” said Williams.
For those who end up losing control and crashing, the reality is even more harsh.
“So many young folks are losing their lives and others are losing their lives behind this senseless crime,” Williams said.
Milwaukee police said they are starting to see success in curbing carjackings. Police said public education, police patrols and investigation are helping.
“To go after those individuals who are prone and have committed these types of crimes in the past — so what we do is, we collaborate and focus on these individuals in order to interdict and capture them soon after we commit these crimes or turn into a spree,” said Assistant Chief Michael Brunson, Milwaukee Police Department.
Police said if you look at November carjackings for the past three years, they are down 59 percent. Since 2015, the average has been 56 a year. In November 2018, there were 23.
“Trying to hold kids more accountable. Again, it’s a good working relationship between the police department, our Criminal Investigation Bureau, our patrol people at the children’s center, the district attorney’s office — holding kids accountable for their actions,” said Assistant Chief Steve Caballero, Milwaukee Police Department.
One of the biggest factors in the decrease, according to police, is the fact that carjackers are getting the message that the police pursuit police has changed. Police do chase stolen cars and reckless drivers.
“God knows it’s been really hard, especially with the older population. They’ve been assaulted and different things. No one deserves that. Younger, older, no one deserves it,” said Williams.
Police said the community has been an important piece of the effort –and they do follow up on your tips.
adminOpinion: Milwaukee Gambles with Citizen and Officer Lives
Typically when you hear me speak, or you read stories in which I’ve been quoted, I discuss why law enforcement had better options than a dangerous pursuit. And there definitelyare options. Purchase, implementation and usage of pursuit reduction technology tools (see PursuitResponse.org); significantly more pursuit driving training; stricter emergency vehicle operations requirements and pursuit driving policies. And the list goes on.
To that end, PFC continues to actively support law enforcement in the acquisition of technology tools and with officer safety training (@Below100).
Given that +90% of pursuits begin as the result of a misdemeanor traffic infraction or a property crime, it’s understandable why Pursuit For Change gets so many calls from media when innocent citizens are injured or killed in dangerous chases. And these calls happen frequently because someone is killed every day as the direct result of a police pursuit.
Every once in a while, however, I’m asked about a pursuit which began as the result of a violent felony. Josh Solomon, a reporter for the Tampa Bay Times (@TB_Times) called me several days ago and we had a long conversation about pursuits in general and specifically about the chase detailed in his story, included below.
In a nutshell, some bad person tried to force a woman into his vehicle. A nearby citizen called 911 and reported the assault.
The sheriff’s department responded immediately and a pursuit of the vehicle began. As you read the article you’ll learn that the fleeing driver lost control, crossed a median, and struck an innocent driver. Luckily the innocent victims survived the crash.
There are some questions surrounding the 911 call, all explained in the article. We’ll certainly learn more about the 911 Center’s follow-up communications as the investigation continues, but regardless I’m not entirely sure the pursuit could have been stopped quickly enough to prevent the crash.
Law enforcement officers have a tough job; one that requires risk assessment and often, immediate and decisive actions. LEOs need tools (strong policies; constant training; command support; etc.). We hire these folks to protect us from those willing to cause harm. I know there are way too many unnecessary chases but in many (most?) violent felony situations, we need law enforcement to do whatever is necessary to apprehend the criminal. Indeed, in these circumstances innocent citizens can be put at risk; but the need to remove these violent offenders from the street will almost always outweigh the need to break off a pursuit or to not pursue in the first place.
Josh asked me if I thought the chase was justified. My opinion? This was a violent abduction attempt. When the deputies arrived, everyone assumed the woman was in that fleeing vehicle. And even though the pursuit put the victim at risk, not pursuing likely would have placed her in even greater peril. So in this violent felony situation, with what was known at the time of first police contact, a pursuit was certainly justified.
A high-speed chase. A deadly crash. Did Pasco deputies get the right info?
by Josh Solomon (@ByJoshSolomon) Tampa Bay Times staff writer
Published: October 25, 2018
Two days after a suspect died while leading deputies on a high-speed pursuit, Pasco Sheriff Chris Nocco stood in front of reporters and praised the “heroism” of his deputies for trying to save a kidnapped woman trapped inside the fleeing car.
The woman, though, wasn’t in the car.
Just 28 seconds after the Oct. 13 pursuit started, her voice can be heard in the 911 call made from a gas station.
That crucial information never made it to deputies.
They continued the 2½-minute pursuit on State Road 54 until the fleeing driver crossed the median and drove into oncoming traffic, according to the Pasco County Sheriff’s Office. The incident ended in a fiery head-on collision with an oncoming pickup truck. The suspect died. The pickup driver was seriously injured.
This latest incident underscores the dangers of high-speed pursuits, a risky law enforcement tactic that has drawn scrutiny across the county. High-speed pursuits have resulted in death and injury, prompting local agencies to restrict when officers can chase a suspect.
But what happens when those officers aren’t getting the most accurate information possible? In this case, Pasco deputies were in the dark about one critical element: There was no kidnapping victim to rescue.
Why wasn’t that relayed to the pursuing deputies? Would it have made a difference?
• • •
The recording of the 911 call, and the notes taken by the call-taker, detail what preceded the vehicle pursuit.
The caller, whose name was not made public, told the call-taker that at about 8:45 p.m. a woman, later identified as Melissa Mary Russo, 44, mouthed the words “help me” to him at the Circle K gas station at 17565 S.R. 54. She was with a man who was later identified as Michael Blomberg, 54.
“Something’s not right,” the caller said.
Then the situation escalated. Blomberg tried to force the woman into a black car, the caller told 911.
“He’s got her in a … headlock, it looks like,” the caller said. “He’s got her in a bear hug right now.”
Then the caller said the man drove away in a gray Chrysler 200 sedan. Deputies dispatched to the gas station started chasing the fleeing car.
A beat later, a female voice appears on the tape of the 911 call.
“Sir, is that the female with you?” the call-taker asked.
She was. The woman had escaped Blomberg’s car and run to the caller. This was 28 seconds after the event log shows the pursuit started.
“FEM WITH CALR,” the 911 call-taker wrote. “CALR HAS FEM IN HIS VEH.” CALR is the man who called 911. FEM is for the woman.
• • •
Here’s what happens when someone calls 911 in Pasco County: Call-takers type notes as they gather information from callers, such as the location and nature of emergencies.
The call-taker’s notes appear on the computer screens of dispatchers and deputies (via their vehicle laptops.) The dispatcher also speaks to deputies over the radio.
This setup allows one person to gather information from the caller while another focuses on sending the right kind of help: officers, firefighters or paramedics.
As deputies raced to the gas station, the recorded radio transmissions reveal the dispatcher briefing them en route using the call-taker’s notes: A woman mouthed “help me.” Her assailant put her in a headlock. He tried to force her into a car. The Chrysler was driving off.
Sheriff’s cruisers, lights and sirens blaring, quickly found the fleeing car.
Blomberg did not stop.
• • •
The Pasco County Sheriff’s Office policy that governs pursuits first explains how dangerous they can be:
“Vehicle pursuits conducted by law enforcement personnel often present a significant risk of danger to the safety of the general public, the deputies involved, and the occupants of the fleeing vehicle. National studies have determined that most vehicle pursuit operations conducted by law enforcement are usually short in duration and often result in a crash.”
Therefore, the policy states, Pasco deputies are not allowed to engage in pursuits unless they determine that allowing the suspect to escape is a greater danger to the public than the pursuit itself.
The Pinellas and Hillsborough Sheriff’s Offices and the Clearwater and Tampa Police Departments spell out under what circumstances their officers can chase a fleeing suspect. All involve a list of violent felonies that would justify a high-speed chase.
But in Tampa Bay law enforcement, the Pasco sheriff’s policy is the most permissive, according to Jon Farris, whose advocacy group Pursuit for Change aims to reduce unnecessary police chases. He started it after his son was killed in a taxicab struck by a driver fleeing police in 2007.
Still, the chase policies in Clearwater, Hillsborough, Pasco and Tampa would all have justified a high-speed pursuit in the Pasco case because it involved a possible kidnapping.
“This one was a unique case,” Farris said of the Blomberg pursuit.
Based on what the deputies knew at the time, he said, the Oct. 13 pursuit was justified. But what if deputies had that missing piece of information?
• • •
As the 911 call-taker typed into the computer system that the woman was at the gas station, deputies were already chasing after the Chrysler.
The pursuit headed west on State Road 54. Deputies stayed in constant radio contact with dispatchers.
“Not stopping,” a deputy reported over the radio. “Speed 60.”
A dispatcher asks if the deputies can tell if a woman is in the car. They said they couldn’t. No one in dispatch, according to the radio recordings, told the deputies that the woman was back at the gas station.
During those frantic 2½-minutes, deputies tried to puncture the fleeing car’s tires by laying “Stop Sticks” — tire-deflating spikes — onto the roadway.
Two deputies pursued the Chrysler, and each one’s body camera captured how it ended: The car crossed the highway’s median, driving west into eastbound traffic. Then, just east of Gunn Highway, the Chrysler struck an oncoming pick-up truck head-on.
Deputies dragged Bloomberg from the wreckage and tried to revive him. He was later pronounced dead at a hospital. The body cameras showed deputies searching the backseat of the Chrysler for the kidnapping victim.
The pickup driver, Kirby Sober, 24, suffered burns and a severe leg injury, according to family attorney Hunter Higdon. Sober must now use a wheelchair. Doctors expect he will be able to walk again after a long recovery.
• • •
The dispatch center is under Pasco County government. County spokeswoman Tambrey Laine would not say if the deputies should have been told that the woman they were trying to rescue was not in the car.
Farris, though, said the information officers receive during a high-speed chase is critical because it determines whether the chase should continue.
“Typically when there is a pursuit the officers or deputies are being monitored by a supervisor who is involved in (making) the call of whether there’s a need to break it off,” he said.
But in this case, he said, “there’s what would appear to be a breakdown in communication.”
Laine said the dispatcher handled the Oct. 13 incident according to protocol. The dispatcher relays information to deputies until they arrive. Then the roles reverse and deputies start informing the dispatcher, she wrote in a statement to the Tampa Bay Times:
“As soon as deputies are engaged, communications begin to flow the other way, with the deputies communicating via radio from the scene to the dispatcher, who enters those notes into our computer system. The focus at this point is on the information the deputy, as a trained first responder, is relaying to the dispatcher.”
But Doll said that even if the pursuing deputies were told there was no kidnapping victim trapped in the fleeing vehicle, they may have still continued the pursuit. They would still have to confirm there was no one in danger.
“We just can’t take somebody’s word over the phone that it’s fact,” he said.
Contact Josh Solomon at (813) 909-4613 or firstname.lastname@example.org. Follow @ByJoshSolomon.
by Jonathan Farris, Chief Advocate, Pursuit For Change October 2018
Police chases kill hundreds of people every year. At least one third of those killed are innocent bystanders. Additionally, law enforcement officers (LEO) are always at risk while chasing or while en route to a pursuit.
In 2017 five (5) law enforcement officers were killed in pursuits. This year through September, four (4) officers have fallen in chase-related incidents.
And because Federal and State statistical tracking is so weak, we have absolutely no idea how many innocent bystanders and LEOs have been injured as a result of pursuit-related driving incidents.
Although there are not many organizations focused specifically on reducing dangerous police chases, there are some.
US Capitol 2018. Photo by Jon Farris. All rights reserved.
During October of 2018, members of the PursuitResponse group, of which Pursuit For Change is a member, visited Washington DC to meet with legislators once again. PursuitResponse’s core members are technologists offering advanced tools designed to reduce active police chases and to increase LEOs’ hands-on training designed to help them remain safe during high-risk vehicle events. The orgainzation has also partnered with and are supported by advocates and law enforcement.
So we continue to meet and work with legislators who are interested in and support our mission to prevent unnecessary deaths and injuries of citizens and law enforcement officers. We will accomplish this through training, advocacy, and additional legislation.
Mandatory Federal statistical tracking of pursuit injuries and deaths
Greater (and specifically earmarked) grant funding for utilization of pursuit reduction technology and high-risk vehicle driver training
Pursuit policy modifications, focusing on movement toward violent felony-only chases
Creating legislative partnerships and new legislation is always a slow process. But please know that we will not give up, because it is so important. This is especially true for those of us who have personally suffered a direct pursuit-related loss. We want to reduce the liklihood that it isn’t you who receives a life-changing 4:00AM call…
National Law Enforcement Officers Memorial 2018. Photo by Jon Farris. All rights reserved.
Yet another #Milwaukee-area stolen car #policechase, this time in very dangerous weather conditions and residential areas. And we’re sure the owner’s #Insurance company will be incredibly unhappy that the stolen car was totaled.
That was the biggest concern for the neighbors. Right where the orange cone is is where the crash happened. Police had been talking — checking the video and got up on it. They saw somebody get out of the vehicle, come up the hill, and run through these trees into the neighborhood nearby.
It was a dangerous combination. High speed. Wet roads. And a tough curve. The result, a BMW left on its side wearing all the marks of a muddy rollover crash.
According to police, the driver would not stop after officers realized the car was stolen and tried to pull it over. The chase that followed did not last long, but the speeds got near 90.
Still, the crash did not stop one of the people inside from taking off and running into the neighborhood close by. Unfortunately, these criminals stealing cars and running from police and running into their neighborhood disrupting their lives stay diligent, keep your eyes open. Police lost him in a foot chase and spent much of Monday trying to track him down. He’s still out in this neighborhood somewhere, I just don’t know where.
Knowing that I literally just left going to the bank and then coming back, it’s fairly quiet when I come back, and there’s Glendale, Brown Deer and Milwaukee in my neighborhood, it feels like, God, is it really that bad?
One person was still in that stolen car and had to be taken to the hospital, but in this neighborhood, many are not stopping their normal routine.
This is a little too close to home, right now, I’m putting up my harvest decoration, I’m not going to let some kid running around stop me from doing that.
Police only had a vague description of the person who got away. The search for him is still ongoing. The other person who went to the hospital did not have serious injuries he’s only being described as an adult man from Milwaukee.
CLEARWATER — Police Chief Dan Slaughter suspended two officers and a detective after an internal investigation found an unauthorized car chase led to a crash that hurt an officer and two civilians.
Det. Frederick Lise, who led the pursuit after a stolen car drove away from a traffic stop in Largo, got 10 days suspension for violating two policies related to operating department vehicles and insubordination and candor. He will also be removed from the agency’s Special Enforcement Unit.
Officers Langston Woodie and Jesse Myers, the latter of whom was hurt in the crash at Rosery Road and Clearwater-Largo Road, were handed five days of suspension for violating the agency’s operating department vehicles policy. Woodie will also be removed from the Community Problem Response Team.
“We are sorry that a civilian got hurt. We’re concerned that our own employee got hurt,” Slaughter said. “We recognize we’ve made some errors here that we’re responsible for.”
The officers and detective could not be reached for comment.
One of the injured civilians, Zoe Applegate, declined to comment through her St. Petersburg lawyer, Sean McQuaid. But McQuaid said Applegate, 20, broke her wrist and underwent emergency wrist surgery at Bayfront Health St. Petersburg. She also had multiple broken ribs and head and neck injuries. Her 2015 Chevy Cruze was totaled, he said.
“It was an extremely serious accident,” McQuaid said. “They had a green light and the officer just went right through the stoplight … It had to be a traumatic impact and a surprise to her.”
The passenger in her car, William Gamble, could not be reached for comment. His lawyer did not return a call requesting comment.
According to the internal investigation, a woman reported that her black Ford Expedition had been stolen at 9:25 p.m. May 29 from the Ross Norton Recreation Complex on S Martin Luther King Jr. Ave. About 23 minutes later, Lise, who was hired in 2014, saw the stolen car and started following as it traveled south on Missouri Avenue from Druid Road. Woodie, who was hired in 2016, and Myers, who was hired in 2007, drove up to help. A fourth officer positioned himself down the road to throw tire deflation sticks if needed.
The car pulled into a Wawa on Missouri Avenue just north of Rosery Road in Largo, according to the investigation. The officers tried to conduct a traffic stop, but the Expedition got away and pulled out of the Wawa.
What they should have done at that point, Slaughter said, was stop following the car, head back to the city and notify Largo police. Under Clearwater police policy, typically only violent felonies warrant a pursuit. A stolen car does not.
“It’s tough to do. I’ll admit it,” the chief said. “You get in this profession to try to catch bad guys, so as a police officer it’s very difficult to turn around and go the other direction, but it’s for good reason that this policy exists.”
Instead, the officers chased the car west on Rosery Road and through a red light at the intersection of Clearwater-Largo Road. None had their lights and sirens on — another problem, had the pursuit been authorized to begin with, Slaughter said.
“Even if a person had a misunderstanding on what he could or couldn’t do, there’s no excuse for not utilizing lights and sirens when following a vehicle like that,” the chief said.
Lise, Woodie and the driver of the stolen car made it through. Myers collided with Applegate’s car, heading south on Clearwater-Largo Road, in the intersection. His last recorded speed before the crash was 42 mph.A bystander told investigators he ran up to Myers’ car and started pounding on the door. The officer wasn’t responsive at first. When he came to, his first instinct was to check on the civilians in the other car and his police dog, Axe.
Applegate and Gamble were taken to Bayfront. Myers was treated at Morton Plant Hospital. Axe was checked out and cleared at an animal hospital.
Meanwhile, Lise and Woodie continued after the stolen car until it stopped at 18th Street SW and 10th Avenue SW. The occupants got out of the car and ran away. A suspect was later arrested after investigators found DNA and fingerprints linking him to the car.
All three officers said in interviews with investigators that they believe they violated the pursuit policy. Lise, who is also a member of a multi-department habitual offender monitoring task force, got an additional 5-day suspension because he didn’t keep his supervisors in both the task force and Clearwater police fully informed on what was happening.
It put the other two officers, knowing Lise was in the task force with other supervisors, “in a little bit of a quandary,” Slaughter said.
Times senior researcher Caryn Baird contributed to this report. Contact Kathryn Varn at (727) 893-8913 or email@example.com. Follow @kathrynvarn.
The driver of a Nissan Sentra didn’t have his headlights on during rainy weather on Nov. 16, 2016, so North Cornwall Township Patrolman Joseph Fischer pulled over driver Marvin Rosa for what he probably thought was a routine traffic stop.
But when Fischer approached, Rosa started driving again, this time with a vengeance, according to Fischer’s written testimony of events. He blew stop signs and red lights and drove 55 miles per hour on 16th Street before stopping again for Fischer, who was in pursuit, on Strawberry Alley at Center Street.
Then, while driving on Royal Road, he braked suddenly, causing Fisher’s patrol vehicle to rear-end his Sentra. That crash finally disabled Rosa’s vehicle, after which he fled on foot until police arrested him.
He later pleaded guilty to fleeing or attempting to elude an officer, aggravated assault, recklessly endangering another person and a multitude of traffic violations.
Rosa is not the only person to throw caution to the wind and attempt to get away from Lebanon County police.
Police charged 59 people with attempting to flee or elude an officer in Lebanon County from 2014-16, almost all of them trying to escape in vehicles that police were pulling over and usually for a traffic violation. Some chases ended in fiery crashes, the death of the violator, injuries to unrelated drivers, and close calls for officers.
“Police pursuits are inherently dangerous,” said Cpl. Adam Reed, a state police spokesman.
Yet local police insist there are times when the benefits outweigh the risk.
James Cole of Lehigh County crashed into a house at 1444 N. 7th Street after leading North Lebanon Township police on a high speed chase.
How often are people hurt or injured in car chases?
According to data compiled by state police, more than 200 people were injured in Pennsylvania police pursuits in 2016. (Photo: By Daniel Walmer)
Only three people died as a result of police chases in Pennsylvania in 2016, the most recent year for which data is available, according to a report compiled by state police. The report is based on information that municipal police departments are required to provide annually.
However, there were more than 800 crashes causing more than 200 injuries during chases, according to the report. There was also more than $1 million in damage to property belonging to innocent bystanders and $824,000 in damage to police vehicles.
In 2017, a person who tried to outrun police in Lebanon County died as a result. Brandon Small, 25, attempted to flee Lebanon Police but hit an electrical pole and died from injuries sustained in the crash, according to information provided by police.
How frequently do dangerous chases occur in Lebanon County?
Here are just a few of the cases from 2016 detailed in Lebanon County court records:
James Cole attempted to outrun North Lebanon Township police at 10:30 p.m. on Nov. 3, 2016 in a Nissan Altima after being stopped for going 53 miles per hour in a 35 mile-per-hour zone, according to an affidavit of probable cause from Sergeant Timothy Knight. During the ensuing chase, he drove through multiple yards and a farmer’s field, drove at a police vehicle and just missed, and blew a stop sign, Knight wrote. Eventually, he lost control and crashed into a house on North Seventh Street. “The vehicle started a fire and we had to get the occupant out of the house,” Knight wrote.
Shane Petry drove a sports car through a fire police barricade, causing the fire policewoman to call police. He pulled over. When asked by North Lebanon Township Patrolman Gregory Behney for his license Petry “said ‘sure’ and reached toward his shifter and then hit the gas and started driving away at a high speed.” The chase ended as he was driving north on North Eighth Avenue, went through the Lehman Street red light, and hit a vehicle that was attempting to turn left form Lehman Street onto North Eighth Avenue. The woman driving that car appeared to be injured, Behney wrote.
Motorcyclist Victor Roman fled Lebanon police by driving on a sidewalk and on the opposite side of the road, forcing motorists and cyclists to bail.
Motorcyclist Adam Conway drove against traffic for about a mile on Route 22 and drove more than 50 miles per hour in a 25 mile-per-hour zone in Jonestown with pedestrians around.
Brandon Beatty hit two state police vehicles with his Subaru after driving more than 120 miles per hour on Route 22 and Route 743.
To be sure, not every case in which a person is charged for fleeing or eluding an officer is as dramatic. Gus Valmas faced the charge after failing to pull over in 2015, but police said he never exceeded 35 miles per hour during the pursuit.
Yet dangerous chases have also occurred more recently. In February, Harrisburg resident Francisco Rivera-Vazquez drove 115 miles per hour on Interstate 81 in Lebanon County while passing cars on the shoulder during a chase, according to police. In August, Myerstown resident Michael Richard Brown fled police and drove 88 miles per hour in a 15 mile-per-hour zone on West Mckinley Avenue in Jackson Township, police said.
Still, almost all drivers pull over when they see the flashing lights.
North Londonderry Township police have only been involved in seven pursuits since 2004, according to Police Chief Kevin Snyder. North Cornwall Township only averages 1-2 pursuits per year, Chief John Leahy said.
“Some (officers) can go their entire career without a vehicle pursuit, which is absolutely fine with me,” he said.
How do police decide whether to pursue?
Leahy said determining whether or not to chase a fleeing driver boils down to one basic rule: “when the risk to the general public outweighs what you are (pursuing) the person for, the chase needs to be terminated.”
Yet there are a multitude of factors that officers are trained to consider, local police chiefs said, including traffic volumes, the weather, likelihood of pedestrians in the area, and whether the officer has been able to get a license plate number.
“You’re going to make your decision in a matter of milliseconds,” Leahy said.
The nature of the violation that caused the officer to pull over the vehicle in the first place is also important.
“If it’s a suspected summary offense, the risk outweighs the benefits, so there’s other ways of pursuing that,” North Lebanon Township Police Chief Harold Easter said. “But if it’s a high-profile case, then everything is bumped up and we assume some more risk in order to get that person stopped, because if we (don’t) get them stopped, they might be killing somebody down the road.”
Yet even according to data self-reported by police departments, more than half of 2016 Pennsylvania police chases began with an attempt to pull someone over for a traffic violation and only 13 percent were due to felonies. Almost all of the pursuits in Lebanon County checked by the Lebanon Daily News began with traffic violations.
Pursuit For Change Chief Advocate Jonathan Farris would like to see chases limited to violent felons. Farris started Pursuit of Change after his son, Paul Farris, was killed while riding in a taxi that was struck by a motorist who was fleeing police.
“I do believe that no simple misdemeanor is worth putting law enforcement officers or bystanders at risk,” Farris wrote in an email. “It’s different if the police are chasing an active shooter, a carjacker, a rapist, etc. But no one will ever convince me that the death of my son and the driver of the taxi he was in should have occurred because of an insanely dangerous pursuit after a man who simply made an illegal u-turn and then ran because he didn’t have a valid license. But sadly, these sorts of senseless deaths continue to occur across the US every week and day.”
What are the official policies of Lebanon County police departments?
The Lebanon Daily News was unable to learn the details of various police pursuit policies in Lebanon County because state law mandates that such policies “shall be confidential and shall not be made available to general public.”
According to Snyder, the policies are something that “obviously don’t want the criminal element to know.”
Yet the “vast majority” of states, counties and cities nationwide will release their pursuit policies to the media when requested, Farris said.
“It seems silly to me that PA legislators mandated this,” he wrote.
Leahy said each officer is aware of the policies and procedures in effect and can be subject to disciplinary measures if those procedures aren’t followed.
How do police stop a fleeing vehicle?
In many cases, the technology for stopping someone who has fled has not changed much in the past decade. Aside from simply following, the most popular technique for many departments, including North Lebanon and North Londonderry, is using spikes that deflate the tires of the vehicle, causing it to eventually stop.
State police are trained to use the PIT maneuver, in which the officer intentionally makes contact with the side of the fleeing vehicle in such a way that the tires skid and spin out, according to Reed.
North Lebanon does not perform PIT maneuvers because of the danger involved and the significant training required to perform it safely, Easter said. Leahy said North Cornwall would not rule out ending the chase by making contact with the vehicle if circumstances justified it, such as pursuit of a violent felon whose freedom the officer believes puts the public at risk.
People who choose to flee are panicked, often because they have a suspended license, have an outstanding warrant, or are afraid of what the officer will find in the car, police said – but it’s still almost always a bad idea.
“Statistically speaking, it’s very rare that a person gets away and is not apprehended,” Reed said.
Across Pennsylvania, just 14 percent of fleeing vehicles successfully eluded police in 2016, according to the state police report.
Officers also warned that you even if you outrun a police vehicle, police can identify you through your license plate information. When you are apprehended, you’ll be looking at a possible felony and jail term, and almost certainly a worse sentence than you would have received for just pulling over.
Even after a chase starts, a person will be treated more favorably by law enforcement and the courts if they quickly end the chase, Easter said.
“They need to rethink it real fast and pull over, and if they’re driving under suspension, without a license – take your lumps,” he said. “It’s better than getting involved in an accident and killing themselves or somebody else.”
adminHigh speed chases in Lebanon County lead to dangerous crashes
Jonathan Farris has never been able to make sense of his son’s death.
Paul Farris was 23 when the taxi he and his girlfriend were in was struck by an SUV being chased by a Massachusetts state trooper after a traffic violation.
“If Paul was killed as a result of a violent felony … where a person’s life was put at risk, we could understand that,” Farris said. “But Paul was killed as a result of a guy making an illegal U-turn.”
Now, 11 years later, Jonathan Farris can’t make sense of new billboards warning four-wheeled lawbreakers of the consequences of fleeing Milwaukee police.
“Does anyone actually believe that a few billboards will have ANY impact on Milwaukee’s criminal driving problems?” Farris, founder of Madison-based Pursuit for Change, asked this week in an open letter to Milwaukee Police Chief Alfonso Morales and the city’s Fire and Police Commission.
The national organization advocates for safer police pursuit policies, more pursuit training for officers and technology that helps reduce the need for pursuits.
“Criminals could care less what is printed on a billboard,” Farris said.
The cost of the billboards is even more perplexing to Farris since Mayor Tom Barrett and the Common Council approved funding for expanded GPS tracking technology for new police vehicles.
“If you’re going to spend money, put it back into things that help reduce pursuits,” Farris says in the letter.
Morales has said the billboards serve as a reminder of the reckless driving initiative launched by Milwaukee police, the Milwaukee County Sheriff’s Office and the State Patrol earlier this year.
He added that the initiative is bolstered by his department’s pursuit policy, which was revised a year ago to allow officers to chase drivers suspected of nonviolent felonies such as drug possession and reckless driving.
The department had tightened the policy in 2010 after four bystanders were killed by drivers fleeing police. The policy then stated that officers could not chase for misdemeanor offenses, such as drug possession, or nonviolent felonies, such as burglary.
Morales was unavailable for comment Thursday and Friday, but a police spokeswoman said the reckless driving initiative has resulted in about 2,500 traffic-related citations and the seizure of a significant amount of drugs and illegal money.
“Our priority is to keep the streets of Milwaukee safe,” Sgt. Sheronda Grant said, also noting a 21% drop in fatal crashes.
On June 7, Milwaukee Police Officer Charles Irvine Jr., 23, was killed when the squad he was in crashed on the city’s northwest side during a pursuit of a reckless driver. His partner, Officer Matthew Schulze, was driving and was injured in the rollover crash.
The suspected fleeing driver, Ladell Harrison, 29, has been charged with 11 felonies.
Thousands of bystanders killed, injured
Nationally, from 1979 to 2015, more than 5,000 bystanders and passengers — including Paul Farris — were killed and thousands more injured during police pursuits at high speeds and in hazardous conditions, often for minor infractions, according to an analysis by USA TODAY.
Paul Farris was born in Milwaukee, grew up in Minneapolis and earned a bachelor’s degree in history and political science from Tufts University in Medford, Massachusetts, in 2006.
He was thelead singerof an indie rock band called theMark, was working as an insurance adjuster and had just completed law school entrance exams.
“He was an outgoing, active, smart, engaged young man,” his father recalled.
“He had a lot of best friends.”
Early on May 27, 2007, Paul Farris and his girlfriend were in Somerville, Massachusetts, in a taxi driven by Walid Chahine, 45.
Shortly before 1:30 a.m., Javier Morales, then 29, fled a trooper attempting to stop him in nearby Everett for a traffic violation in his Mercury Mountaineer.
Morales led the trooper on a high-speed chase through Everett, Medford and finally Somerville, where his SUV slammed into the taxi, fatally injuring Farris and critically injuring his girlfriend and Chahine.
An Open Letter to Milwaukee Police Chief Alfonso Morales and the Milwaukee Fire and Police Commission
From Jonathan Farris Chief Advocate Pursuit For Change
In the summer of 2017 I addressed the Milwaukee Fire and Police Commission about their directive forcing then Police Chief Flynn to reinstate dangerous non-violent felony vehicle pursuits.
I asked the Commissioners, “How will you respond when innocent bystanders are injured and killed for chases started under this new policy?” “How will you respond when those innocent citizens bring legal actions because this purposefully weakened policy was the direct cause of the injury or death?” and, “Have you considered other available options including funding additional technology tools proven to reduce the need for more pursuits while still allowing the capture of car thieves, drug dealers and joyriding kids?”
The Commission chose to ignore these serious concerns and instead did what no other city in the US has done. They mandated increasingthe number of allowable pursuits throughout Milwaukee’s densely populated neighborhoods.
Likely as a result of that change, and very tragically, Officer Charles Irvine was killed in a pursuit related crash in June 2018. Officer Irvine was the same age as my son, who was also killed in an unnecessary police pursuit. Could technology or more pursuit driving training have prevented Officer Irvine’s death? Sadly, we will never know.
In June I read that Chief Morales and the MFPC are planning to spend precious and limited police funds for BILLBOARDSadvertising that, “Milwaukee Police chase bad guys.” Really? Does anyone actually believe that a few billboards will have ANY impact on Milwaukee’s criminal driving problems? Criminals could care less what is printed on a billboard. The billboard expense is even more perplexing since the mayor and city council already voted to fund an expansion of GPS tracking technology and the supporting policy stating the system shall be installed on each new police vehicle.
Does anyone find it strange that the Chief and MFPC are leaning so heavily on pursuing fleeing offenders, no matter the reason, rather than strengthening pursuit policies, increasing officer training and using more pursuit-reduction technology the agency has already committed to implementing? I certainly do.
Milwaukee’s 2018 pursuits are up 239 percent, and each of those chases endangers officers and citizens. How can anyone consider that to be a good thing?
Milwaukee is not alone in its pursuit-related problems. I recently spoke with Massachusetts media when an innocent father was killed while returning home from the hospital after visiting his newborn daughter for the very first time. These unnecessary pursuit-related bystander and officer deaths continue to occur across the country every day.
Spending money on billboard advertising is wasteful. It will not help Milwaukee to reduce reckless driving, nor reduce dangerous pursuits, nor save innocent lives. However, allocating additional funds for officer training and acquisition of pursuit reduction tools will help protect officers and bystanders while still dealing with the criminals.
Jonathan Farris Chief Advocate
adminAn Open Letter to Milwaukee Police Chief Alfonso Morales and the Milwaukee Fire and Police Commission
NBC Boston 2018 Police Pursuit Investigative Stories
A note from Jonathan Farris, Chief Advocate, Pursuit For Change August 17, 2018
I’m driving across Ohio on Interstate 80 and my phone rings. I don’t recognize the number, so I ignore the call. Several minutes later my phone signals that I have an email. And that’s how this most recent NBC news story came about.
Reporter Ally Donnelly and a team of NBC Boston investigative journalists asked if I could be available for a story they were working on. They also asked to be connected to Kate.
The request came as a result of yet anotherhorrible and unnecessary police pursuit death. This time, a new father was coming home from his first visit with his newborn daughter in the hospital. He was struck by someone fleeing police.
Ally Donnelly, Danielle Waugh and Ken Tompkins were each involved with my interviews. Danielle and Ken drove to Gardiner, Maine to meet with me. Ally met with Kate at the site of Paul’s death. There are also videos about training and technology, the key to saving lives.
Below are the stories and videos.
Victims, Police Want More Training and Funding to Reduce Risk of Police Pursuits
We are constantly seeing examples of police pursuing suspects in vehicles. Many of these pursuits are unavoidable, but there is an inherent risk to the public as vehicles weave through neighborhoods or reach speeds of more than 100 mph on highways. Here’s a look at some notable police chases from around the country.
(Published Friday, Aug. 10, 2018)
The Mashpee crash opened old wounds for families like the Farrises and the Hoyts. Victims of crashes that result from police pursuits, their families, and police themselves say that a lack of training, funding and scrutiny of pursuits is putting everyone at risk.
According to the State Police report of Farris’ crash, Trooper Joseph Kalil spotted a black Mercury SUV make an illegal U-turn on Route 16 in Everett. Kalil flipped on his lights and tried to pull over the driver, but he took off.
Kalil chased, following the SUV into the densely populated residential streets in Medford and Somerville.
The driver, Javier Morales, turned off College Avenue onto Kidder Avenue, where he crashed into the cab carrying Farris and Hoyt at the intersection with Highland Road.
“There should be no reason to have a chase here,” Hoyt said, revisiting the intersection this month with a reporter. “It just blows your mind.”
Jon Farris agrees.
“If I had been told that they were pursuing someone who shot somebody, had raped somebody, truly a violent felon, Paul would still be dead. I would still be heartbroken. But I would understand that,” Farris said. “The fact that a guy made an illegal U-turn and then ran from police, ultimately we found out that he just didn’t have a driver’s license. He was running because he was afraid he was going to go to jail, which he would have. But that made no sense to me. And so Paul’s dead and in my mind, there’s zero reason.”
Mashpee police are continuing to investigate a crash that killed three people last month. Police pursued an erratic driver who failed to stop. He ended up crashing head on into an SUV driven by a new father on his way home from the hospital. That crash has stirred difficult memories for victims and families of other police pursuit crashes. They tel…Read more
(Published Thursday, Aug. 9, 2018)
Fred Leland, a retired Walpole police lieutenant who trains police in pursuit conduct, said cops “live in the gray” of unknowns and potential danger when deciding in the heat of the moment whether to pursue a driver speeding away.
“What if I say, ‘You know what it’s not that serious I’m gonna let him go,’ and then he goes down the street and hits somebody anyway?” he said.
Despite the media spotlight on dramatic pursuits, like one a month ago in Las Vegas where an officer returned fire through his own windshield at a fleeing vehicle he knew held dangerous felons, most attempted stops are more mundane.
According to the Department of Justice, two-thirds of pursuits begin, like the crashes in Somerville and Mashpee, with a traffic violation: speeding, erratic driving or a suspended license.
And for police, the chase itself is often a trial by fire. Leland said local departments do not get enough training, and real-world pursuits are not common for a given officer.
“We don’t have much experience in pursuits,” Leland said. “I know we’re the police and you see them on television and you think, ‘Oh you do them all the time.’ But no, we don’t.”
Officers get 48 hours of driving training when they first join the police academy. Pursuits are part of it, but what happens after that depends on their department.
“Some places do more, some places do less,” said Steve Wojnar, chief of the Dudley Police Department and president of the Massachusetts Chiefs of Police Association.
He said all departments have written pursuit policies, but like the situations officers face, none are the same. And he agreed that training officers in pursuits should be mandatory.
“You never know exactly what it’s going to be like. You’re going to constantly reassess and re-evaluate the situation,” he said. “How are you going to function under a stressful situation? Are you going to be able to react? Are you going to be able to react properly?
But, as always, the obstacle for cash-strapped departments is paying for it.
“Training is the last thing to be funded and the first thing to be cut when there’s problems and that’s bad,” Leland said.
Bad, too, for a father who lost a son over an illegal U-turn.
“I don’t want other people to have to go through it. I shouldn’t have to be crying every other day when I’m mowing the lawn. It’s horrible,” Farris said.
Farris has been pushing federal legislation that would require departments to track pursuits and would fund more training. He also favors policies that would restrict when officers can pursue to when the officer knows he is chasing a violent felon.
Wojnar hopes training money could also come from the local police training bill Gov. Charlie Baker signed last week.
Training and Technology Can Reduce Police Pursuits, But Funding Is Lacking
Published at 7:44 PM EDT on Aug 10, 2018 | Updated at 11:45 PM EDT on Aug 10, 2018
Some police departments in Massachusetts are re-evaluating their policies or looking for ways to avoid high-speed chases altogether to minimize fatal crashes and severe injuries.
But while many police chiefs agree that training and new devices can help reduce casualties in police pursuits, expensive technological tools and underfunded training budgets inhibit cash-strapped local departments from making changes.
“But we’re not going to chase it at 100 miles per hour, or we’re not going to have people giving themselves a potential for danger just for a person that was stopped for a red light,” Moore said.
Specific training is not required for pursuits like it is for firearms or Tasers. Each department sets its own policy on pursuits where officers and usually supervisors weigh the reason for the initial stop against the risk to the public if they chase. Most pursuits start over a minor traffic violation.
Officer Derek Licata, the Methuen department’s training coordinator, said training is critical because officers in that instant, or any high-stress situation, goes “instantly into fight or flight mode.”
“It can actually sometimes cause you to lose focus of what you’re doing, kind of end up getting tunnel vision and not really focusing on the big picture,” he said.
According to federal data, about one person is killed each day in police pursuits across the country. Between 1982 and 2016, 225 people have been killed during police pursuits in Massachusetts, about a third innocent bystanders.
Three people in Barnstable were killed late last month, including a new father coming home from the hospital.
That chase started after a driver refused to pull over in Mashpee, and the officer gave chase along Route 28. The driver crashed head-on into an SUV carrying the new father, a Marine. The Marine, the driver, and the driver’s girlfriend all died in the crash.
“Nobody wants that to happen. Nobody went out with the intent of that happening,” said Fred Leland, a retired police lieutenant from Walpole who now consults with departments on training.
Leland said local departments need more training in how and when to chase. But in the heat of the moment, when an officer hears of a speeding, erratic driver blowing through stop signs, he knows the officer thinks: “Danger. I think this guy’s putting people in danger.”
Methuen has not had to deploy its tracking device, officers there said. And they intend for the system to obviate the need for high-speed pursuits in the city from now on.
“The days of people just chasing cars, for us, they’re over,” Moore said. “We don’t look forward to that and we’re certainly not trained or encouraged to do it.”
Multiple Massachusetts police chiefs told NBC10 Boston they need more funding to buy technology like StarChase and to train officers.
But they are also calling on lawmakers to dramatically increase the penalty for failing to stop for police. They think making it a felony would greatly reduce the number of people who flee.
Currently, failing to stop for police is a $100 fine.
adminNBC Boston 2018 Police Pursuit Investigative Stories
Happy Easter. Happy Pesach. Or perhaps, just Happy Sunday. In Madison it’s a beautiful, blue sky and sunny day.
My neurons were firing on all cylinders last night. That’s great if you’re sleeping and dreaming, but not so much when you’re awake and tossing and turning. I thought about a Linkedin request I received a few days ago. “Nancy” wanted to reconnect because she has a new job. Nancy is a friend on FB, so I’ve watched her kids grow up in photos. I wonder if they’re celebrating Easter together today.
Today many families will celebrate. Grandparents, parents, “kids” and grandkids will get to spend precious time together and give thanks for all that is important in their lives. Like these families, ours has many reasons to give thanks. One of the reasons is for the “Nancys” in our lives. Those individuals who share their kindness and love and who have helped us keep precious memories close.
The reason Nancy had my mind buzzing was a note she sent to me in May of 2007, the year that my oldest son, Paul, was killed. Nancy’s email is indelibly etched in my mind because we read it to close Paul’s memorial services in Boston and Minneapolis. And perhaps of even more importance, I’ve read it to hundreds and hundreds of law enforcement officers as we train and explain how a police pursuit decision can inexorably alter lives.
So today, I just wanted to say, “Thanks, Nancy!”
From: Nancyxxxxx@comcast.net To: Farris, Jonathan Sent: Mon, May 28, 2007 19:51:05
Hello Mr. Farris,
Please let me start by expressing my deepest sympathy for you and your family. I can’t imagine what you must be going through, really.
I knew Paul for only a short time. I interviewed him for the job he just started two weeks ago, and was amazed in every way with him…I knew before the interview was over that I had to hire him, and furthermore, I wanted him in my unit, and he did start and join my unit.
I’ve worked at MetLife Auto & Home for 23 years…I started there when I was 21. I was nothing like him when I was his age. I’ve never interviewed anyone like him. But I don’t have to tell you, he was your son.
I have 3 sons of my own, ages 5, 9 and 11. I went home after working with Paul after a few days and told my sons all about him, and how amazing this “new guy” was, and how inspired I was by him, and how lucky they would be to grow up to be like him. He was just perfect – smart, motivated, outgoing, handsome, talented, friendly…everything a 23 year old could possibly be. Yes, I only knew him two weeks, but he really touched me, and I am deeply saddened by this.
I didn’t know how to contact you, since the office was closed for the holiday, so I found Cathy C through Google. She gave me your cell phone number, too, but honestly, I could not speak to you right now without breaking down. I am interested in any arrangements that will be made, and I will, of course notify the proper contacts in the Human Resources Dept to contact you. Again, I am so sorry for your and your family’s loss. If you need to reach me, my work number is 800-854-xxxx. My cell # is 603-xxx-xxxx, and my work email is firstname.lastname@example.org. This is my home email, which you can also use.
If there is absolutely anything I can do for you, please let me know, anything.
During February and March of 2018, Jonathan Farris wrote a short editorial / opinion piece. This was sent to several newspapers, both national and local. As of today, none of these opinion pieces have been published.
As a result, we will post the information at the PFC website and work our communications through social media accounts.
Opinion: Criminals’ Photos Should Not Be Included In News Stories
Let me be brief.
People keep killing innocent citizens – every day and in so many different ways. Each day we read and view these stories and mentally live through the tragedy faced by those impacted people.
Sadly, however, even our finest media sources raise too many criminals to celebrity status – by posting their photos, over and over and over.
For example, why in the world should the face of shooter Nikolas Cruz be highlighted in nearly every newspaper and magazine and television news show? Doesn’t that simply elevate him hero status for other confused souls? I certainly have no need to ever see his face.
Personally, every single day, I read about drivers arrested for running from police. And regularly these pursuits injure and kill innocent bystanders and law enforcement officers. Yet, way too often, the criminals’ photos lead the story. Why?
Please keep up your terrific reporting. The narrative is important. But have the guts to stop displaying photographs and videos of the criminals, because these people are not the ones who deserve recognition and certainly do not deserve to be shown.
Jonathan Farris is founder and Chief Advocate for Pursuit For Change, an advocacy working to change federal and local pursuit policies to reduce innocent bystander and LEO deaths and injuries. Mr Farris’ oldest son was an innocent victim killed in a high speed pursuit in 2007. Learn more at www.pursuitforchange.org.
adminCriminals’ Photos Should Not Be Included In News Stories
There are deadly #PoliceChase deaths across the world. This is a well done segment by the hosts of The AM Show at Newshub in New Zealand. @NewshubNZ@TheAMShowNZ. Looking for solutions / options and not tossing out blame. #PursuitReductionTech and more driving training WILL help @Pursuit4Change@PursuitResponse
Police not to blame for pursuit deaths – union
12/03/2018 Dan Satherley
Between October 2016 and September last year, seven deaths and 552 crashes were recorded out of around 3600 pursuits.
The Police Association says police aren’t to blame for the deaths of three people in a pursuit that ended in a crash on Sunday.
Around 5:40am, police tried to stop a car in Richmond, south of Nelson. A six-kilometre chase ended in tragedy when the fleeing vehicle crossed the centre line, crashing into a vehicle coming the other way.
“You never overtake on the top of Burke’s Bank because you can’t see what’s on the other side,” Tasman District Mayor Richard Kempthorne told The AM Show on Monday.
Two of the dead were in the fleeing vehicle, the third a member of the public. Police Association president Chris Cahill told The AM Show police can’t be held responsible for the deaths.
“It isn’t the police chasing that’s causing these deaths – it’s the manner of the driving and the people failing to stop. They are the people responsible – not the police officers.”
Det Insp Cahill said the existing rules are “very strict”.
“When a pursuit or fleeing driver incident starts, you immediately have to call through to the communications centre. They take control of the decision-making – you explain the conditions on the road, the speed, the amount of traffic, also that the reason the fleeing driver has taken off in the first place. “The communicator in the comms centre is the decision-maker as to whether that continues or not.
“It takes it away from the police officer in the car who may get tunnel vision, who may have the adrenalin rush going on.”
Police have continually update the comms person on what’s happening. They wouldn’t back a ban on pursuits without “considerable research” first, but doubt it would work.
Det Insp Cahill says Queensland’s restrictive rules on pursuits have resulted in “a lot of young people racing around all over the show, thinking they can get away with it”.
“Do you really think it would be safe just to let people drive on the roads at any speed they want, as drunk as they want, and the police are just going to wave them by? I don’t think the public would let that happen.”
And previous experiments in New Zealand haven’t worked either, he says.
“They started driving the wrong way down the motorway, things like that, ramming into police vehicles, knowing the police would stop. We need to be really careful thinking a ban would be all our answers.”
Det Insp Cahill says penalties need to be increased for drivers who fail to stop.
“If you’re drink driving and you know you’re going to get no further penalty if you fail to stop, what’s the incentive to stop? You need to know if you don’t stop your car is going to be taken… you’re going to face terms of imprisonment.”
Mr Kempthorne says he backs the police, saying the blame lies with those fleeing.
“I don’t want to be disrespectful for any family or friends involved, but we’ve got to be really aware some driver behaviour on the road is really bad.”
Police are currently reviewing their chase policy, which is due to be completed later this year. Police Minister Stuart Nash said he has asked for an update on their progress.
National Party leader Simon Bridges said he’s interested to see the evidence on police chases, and is interested in what other jurisdictions have tried.
“Instinctively, I’m with the police. I don’t think you can have a situation, it would be really bad if they can’t actually make sure that people stop when they’re pursuing them. People should stop,” he told The AM Show.
“If you say police should never do this, what happens then? Does that mean everyone thinks, ‘Well, I’m not stopping. I’m gonna keep on going.'”
The road toll so far this year stands at 77 – nine more than at the same point in 2016, which was a much deadlier year on the roads than 2015.
adminPolice not to blame for pursuit deaths (New Zealand)
W.I.N. is an acronym for Life’s Most Powerful Question – What’s Important Now? Why are these three words Life’s Most Powerful Question? Because of their simplicity and their diversity. W.I.N. is a guiding principle for leadership, training, planning, decision making, personal growth and life.
X is the ‘X’ Factor; the unknown. The unknown is what exactly you will experience during this one day event that will change your life. The X also stands for the known: Xcellent speakers who will provide an Xceptional Xperience and 10X value for your investment.
This is not your normal law enforcement training event filled with long and often boring presentations. WINx is a fast paced, dynamic event with presentations that are only 18 minutes. The topics, all of which relate to the law enforcement profession will challenge you, engage you and inspire you to action.
In addition to a number of experiential surprises there will be an opportunity to explore some of the concepts in more detail by engaging the speakers in additional dialogue.
If you are happy with the status quo and are not willing to be part of the growth and evolution of the law enforcement profession then this event is not for you.
However, if you are:
Committed to being part of the growth and advancement of the law enforcement profession.
You believe that leadership is about action.
You are willing to embrace the pursuit of excellence and fight against mediocrity.
Over the last six months, the WCPO I-team has collected records from 40 different police departments and reviewed thousands of disciplinary cases involving officers. Our motives are simple: We want to make sure the people who protect us and enforce our laws are worthy of the high level of trust the public gives them. Read more about this project and why we are doing it here.
SHARONVILLE, Ohio — Cynthia Kennedy, of Liberty Township, was driving along Sharon Road on July 4, 2015, when a speeding vehicle slammed into her car.
“It was very scary for me,” Kennedy said in an interview with the WCPO I-Team. “I did see a car coming very fast, and then I saw policce lights behind it. I saw them coming, and I tried to shift back, but the car wouldn’t move, and he came so fast that I couldn’t get the car in gear.
“It was very traumatic.”
According to a Sharonville police officer’s report, the crash marked the end of a two-and-a-half minute high-speed chase along Interstate 75 around 6:30 p.m. The chase began after an officer observed then 33-year-old Jeremy Baker operating his vehicle at speeds approaching 120 miles per hour.
The I-Team reviewed records from 40 police departments serving the Tri-State, focusing on the agencies in seven metro area counties in Ohio and Kentucky. Reporters studied thousands of incidents involving police in large and small law enforcement agencies to see how police officers are held accountable.
We weren’t sure what we would find when we began collecting these records, but our goal was making sure the public was aware of how law enforcement agencies handle discipline.
Those records showed that guidelines for high-speed pursuits of suspects can be broad and sometimes inconsistent across jurisdictions.
I-Team reporters also found that even when a department has a policy against chasing suspects at high speeds, some departments do not consistently discipline offending officers.
It’s a regional issue that Cincinnati Police Chief Eliot Isaac said needs fixing.
“I think we should all be on the same page, not only in pursuits, but in most of the things we do,” he told WCPO. “It’s certainly something that I’m willing to be a part of and even take the leadership on to see if we can have a more uniform policy in the region.”
‘Consistent with policy’?
Kennedy, her passenger, and Baker recovered from their injuries, but it could have been a far more tragic story: Law enforcement leaders view emergency vehicular pursuits as a huge safety threat.
“I think vehicle pursuits are one of the most dangerous activities that our officers engage in,” Isaac told the I-Team. “Not only for themselves, but for the community at large.”
Tulsa Police Maj. Travis Yates, who runs a national pursuit-training academy, told USA Today the same thing: “A pursuit is probably the most unique and dangerous job law enforcement can do.
“We’re not taking it seriously enough because we think that one day of training that an officer may have gotten in their academy is going to take effect 10 years later when a pursuit begins,” he said. “Most officers will never fire their firearms ever, but we train one to four times a year” on how to fire guns.
Police ultimately charged Baker with operating a vehicle while intoxicated, failure to control a vehicle and excessive speed, among other charges.
None of the three officers involved in the chase faced any sort of disciplinary action.
The internal review documents above include notes indicating the officers were traveling at speeds above 100 miles per hour and weaving through traffic while pursuing Baker. It also indicates an officer ran a red light at more than 50 miles per hour, and that one of the squad cars involved was in pursuit with its emergency lights on, but not its siren.
When it comes to speed, the Sharonville Police Department does not specify a certain speed at which pursuing officers need to stand down. The policy reads:
“When a motor vehicle pursuit exposes any officer, member of the public or suspect to unnecessary risk, then the pursuit is inconsistent with the policy of the Sharonville Police Department and should be terminated.”
The policy also specifies that officers in a pursuit must come to “a controlled slow/stop before proceeding under a red light,” but does not further define the term “controlled slow/stop.” As for the lights and siren — they’re a must.
Of the 30 police pursuit policies WCPO obtained, the most common criteria dictating officers’ best practices are:
According to Sharonville Police Lt. Jim Nesbit, the review of Baker’s pursuit found nothing that didn’t fit departmental policy.
“In the review of the pursuits, as I understand it, (the officers’ actions) were found consistent with policy that was in place at the time,” Nesbit told the I-Team.
The crash still haunting Kennedy was one of the eight pursuits involving Sharonville officers in 2015. In half of those pursuits, Sharonville officers hit speeds of at least 110 miles per hour. Five of those eight pursuits ended in crashes.
Out of those crashes, the Sharonville department hasn’t disciplined any officers involved in pursuits during the last three years, WCPO’s research indicates.
Across the Tri-State, law enforcement agencies have 44 pursuit policy violations on record since 2013. Discipline ranged from a verbal warning to additional training to — in rare instances — suspension.
Some cases involved officers speeding without their lights and sirens activated, or failing to end a pursuit when they were ordered to do so. In other cases, supervisors got in trouble because they didn’t intervene when there was was a pursuit violation under their command. And sometimes, officers put their own lives at risk by not wearing a seat belt during a high-speed chase, according to police documents.
One case involved a Butler County dispatcher who “froze-up” when a deputy went on a pursuit; other dispatchers had to take over.
Of the 44 reported policy violations, here’s a breakdown of the disciplinary measures taken:
Those violations came from these jurisdictions:
Blue Ash PD
Butler County Sheriff’s Office
Delhi Township PD
Fort Wright PD
Hamilton County Sheriff’s Office
Taylor Mill PD
Warren County Sheriff’s Office
Nesbit stressed the importance of officers’ discretion and decision-making in helping avoid these chase scenarios.
“Their good judgment has to come into play when they are in the field,” he said. “Our officers have exhibited good judgment.”
But even in Sharonville’s one pursuit so far this year, an officer drove more than 100 miles per hour on wet pavement. The detailed review noted excessive speed and wet road conditions, but the officer still wasn’t disciplined.
Instead, the officer went through what Nesbit called “corrective measures.”
“Corrective measures were taken to make sure that his decision-making was consistent with our policy and our best practices placing public safety as the number one priority,” Nesbit said.
Those corrective measures did not include a written reprimand or a suspension, nor was the incident recorded as a violation.
Sharonville PD has since revised its policies regarding vehicle pursuits and undid a requirement that officers always pursue if the driver is a felony suspect, even across state lines.
Several police chiefs told the I-Team that inconsistent discipline reflects the inconsistent expectations of officers in pursuits: Some departments never pursue. Some only pursue if the subject is suspected on a felony charge. Some pursue for something as minor as a traffic violation. Some have restrictions on weather or road conditions.
Some have speed limits. Some don’t.
Another common phrase in police pursuit policies: “per the officer’s judgment.”
Having broad language in policy makes it difficult to enforce and discipline violating officers, said Phil Stinson, associate professor of criminal justice at Bowling Green State University. Stinson has researched police practices for decades, and said some pursuit policies are strict, while others allow considerable leeway for officers.
“If there’s no written policy or if the policy is very vague, you’re not going to have much in the way of discipline,” Stinson told the I-Team.
Pursuits’ lasting impact
For Kennedy, just being in a car still gives her anxiety, two years after the crash.
“I get chest pains sometimes,” she told the I-Team. “It’s caused a lot of emotional stress for me.”
Kennedy is part of the roughly 30 percent of people involved in police pursuit collisions nationwide who were just in the wrong place at the wrong time. That’s according to the National Highway Traffic Safety Administration, which says hundreds of Americans die each year in police pursuits.
Meantime, she took the I-Team to the scene of her crash hoping to convince police to slow down and reconsider the urge to race to justice.
“I have, I guess you could say, a little post-traumatic stress from being hit,” she said. “There’s other means of pursuing an individual rather than a high-speed pursuit and endangering others.”
WCPO Web Editor Joe Rosemeyer and freelance journalists Laura Consolo, Kevin Eigelbach, Hannah Hagedorn and Roxanna Swift, contributed to this report.
adminIf pursuits are one of police’s most ‘dangerous activities,’ should policies be stricter?
Down the road in Raleigh, they found the van Erieyana was riding in on its side, and McGregory’s wrecked sedan nearby.
McGregory’s passenger, 25-year-old Shaday Taylor, lost her life, as did Erieyana.
“I can’t believe she’s not here,” Holloway-Burks said with a heavy sigh.
“One person a day dies in a police pursuit,” Jonathan Farris said when he learned about the deadly crash.
Farris is with “Pursuit for Change,” a national police pursuit victims’ advocacy group. It focuses on policy, legislation, technology and training to save innocent civilian and police lives.
He knows Holloway-Burks’ pain all too well.
“Ten years ago, my son was killed,” Farris said. “It was the result of a pursuit that occurred after an illegal U-turn.
“The driver failed to stop for the officer and they pursued.”
Both of these cases point to the biggest change Farris’ group aims to make when it comes to police chases – stop using them for lesser crimes.
“Today, about 90 percent of pursuits are [for a] non-violent felony,” Farris said. “The majority are misdemeanors, traffic violations or something of that sort.”
Farris travels the country providing training to law enforcement to help guide their decision-making process of when to pursue. He also points to technology, such as GPS tracking “darts” and OnStar services that can disable a car, as alternatives to high-speed pursuits.
He says federal grants are available for that technology, and he thinks that’s more cost-effective in the long run, especially considering lawsuits against police departments brought on by grieving families.
“Sadly, that’s what we see most often,” Farris said. “There’s some event, typically tragic, [where] someone is either grievously hurt or someone is killed or a lawsuit is filed before the changes occur.”
“It’s not fair that she’s not here,” Eriel Holloway said with tears streaming down her face. “She should be here with us.”
Eriel is Erieyana’s twin sister. When she spoke with CBS North Carolina’s evening anchor Sean Maroney, she had just turned 15 years old.
“It’s not the same,” Eriel said, wiping away the tears that continued to flow freely. “Each year on our birthday we used to eat cake together, to celebrate together.
“Now it’s just me all by myself.”
“Mothers need to embrace their children,” Holloway-Burks said, sitting near her remaining twin daughter. “Hug them and kiss them every day.”
“When they walk out that door,” Holloway-Burks gestured to the front door, her voice breaking and tears starting to flow again, “they’re not guaranteed to walk back through it.
“It’s not promised.”
Erieyana’s family has enlisted the services of an attorney. CBS North Carolina reached out to Garner police, and they didn’t want to go on camera or comment on this case, citing “a recent pursuit that still may go to litigation.”
However, they did send CBS North Carolina a copy of their vehicle pursuit policy, as did Raleigh and Durham’s police departments and the North Carolina State Highway Patrol.
After a change to their policy this summer, the Highway Patrol now restricts state troopers from pursuing a vehicle in a chase if the fleeing car is traveling more than 55 miles per hour and the suspect did not commit a felony.
Milwaukee Police officers now have the authority to chase vehicles driving recklessly or involved in mobile drug dealing. Those revisions to the department’s pursuit policy went into effect Friday September 22nd.
The Milwaukee Fire and Police Commission ordered those changes back in July, after a majority of Common Council members wrote a letter asking them to explore changes. According to those alderman, drivers were fleeing police with no fear of being chased, due to tight restrictions. Before the revisions, officers could only pursue violent felons, and cars involved in violent crimes.
Earlier this month, Alderman Bob Donovan called the new policy “a step in the right direction.”
A number of local families however, aren’t seeing it that way. In late 2009, four innocent people were killed in police pursuits in Milwaukee, prompting Chief Ed Flynn to restrict the chase policy.
Jonathan Farris runs “Pursuit for Change”, a Madison-based group advocating for stricter chase policies. Farris’ son Paul was killed in 2007, when a car fleeing from police slammed into a taxi he was taking in Boston.
“At that point I started researching police pursuits, because it didn’t make sense that they went and chased some guy who made an illegal U-turn.” The new Milwaukee policy won’t allow pursuits for that, but could make way for pursuits involving speeding cars, or cars running red lights.
“There’s an extremely high likelihood that in the not-so-distant future, somebody in Milwaukee is going to be injured or killed because of a pursuit that occurred because of these changes.”
Farris is advocating for more federal and state money to fund things like “starchase”, which attaches a GPS dart to fleeing cars. Milwaukee Police have this technology, but it’s unclear how often it’s being used.
In a statement Friday, the Fire and Police Commission said it will be closely monitoring the results of the new policy, saying “police pursuits should be a last resort, not a first.”
PFC Chief Advocate Jonathan Farris spoke to the MFPC several times, but that did nothing to change their minds. Under severe pressure from Milwaukee Aldermen, the Commissioners threatened to fire Police Chief Edward Flynn unless he loosened Milwaukee’s excellent police chase policies. The Chief was left no alternative.
Only time will tell how many additional Milwaukee citizens and police officers are injured or die because of these policy changes.
Thanks to reporter Ben Handelman for reaching out to speak with us.
Policy changes approved: MPD officers now allowed to pursue reckless vehicles, mobile drug traffickers
POSTED 4:12 PM, SEPTEMBER 7, 2017, BY BEN HANDELMAN, UPDATED AT 10:50PM, SEPTEMBER 7, 2017
MILWAUKEE — The Milwaukee Fire and Police Commission on Thursday evening, September 7th approved a proposed revised pursuit policy that would allow Milwaukee police officers to pursue vehicles involved in reckless driving and suspected mobile drug trafficking.
Four years ago, Milwaukee Police Chief Ed Flynn changed the pursuit policy after several innocent bystanders were killed.
“There are people I report to. That is the nature of my business,” said Chief Flynn.
Police Chief Ed Flynn drafted up new rules after the Fire and Police Commission demanded changes and threatened his job if he didn’t follow through.
Officers once restricted to only chasing vehicles suspected of being involved in violent crime, now have discretion to follow drug dealers, reckless drivers and more. The new rules could drastically increase the number of chases. Something that most city aldermen say is needed.
“I’m really happy for the Fire and Police Commission. They really held the chief’s feet to the fire,” said Milwaukee Alderman Michael Murphy.
Alderman Michael Murphy was among those who wrote to the FPC demanding police chase more often, saying reckless driving is out of control with innocent people dying.
Alderman also believe bad guys exploit the restrictive police policy knowing they will not be chased. Aldermen hope not anymore.
Police chases can come with deadly risks. The FPC’s own report says more chases means more innocent bystanders and officer injuries and deaths — and a majority of the time the bad guys still get away from chases.
“It’s obviously going to result in more risk to the community. Just as obviously the community has expressed to the city council they want to see more pursuits because of reckless driving behavior. So that’s the position we’re in,” said Flynn.
Alderman Murphy said he is glad to see the revised policy come forward.
“I want to again thank the Fire and Police Commission for listening to members of the public and the Common Council on this issue,” Murphy said in the release. “Reckless driving and at times a climate of lawlessness on our streets has put our citizens in danger and it will be empowering for officers to now have a clearer path for apprehending people who break the law and think they can just drive away.”
According to the FPC, between January and May of 2017 there was a 53% increase in the number of fatal motor vehicle accidents and a 160% increase in the number of hit-and-run fatalities compared to the same time period in 2016. Furthermore, between January and April of 2017 there were more than 600 vehicles every month fleeing from MPD during traffic stops, a number that has increased year by year, often in excess of 100%, according to the release.
Advocates for policies that limit chasing warn the new policy will result in deadly results.
“As you continue to loosen the policy, more innocent bystanders and innocent drivers who get caught up in these cases will be hurt. And likely at some period of time will be killed,” says Jonathan Farris. Farris’ son was an innocent bystander killed by a police pursuit. He launched Pursuit for Change to advocate for anti-chase policies. He said Milwaukee’s previous policy was considered one of the best in the country.
“It’s not that the officers aren’t good but many times in the heat of the moment situations, not all the information is available. So if you leave the door wide open then there end up being more pursuits, says Farris.
The FPC states that perpetrators fleeing from traffic stops are issued citations for the offense only 20% of the time.
The FPC passed the changes Thursday, so officers now have more discretion. However, police supervisors still have the power to call off chases they feel are too dangerous.
Losing a child is the hardest thing you will ever do. You would trade places with your child. In an instant. But you can’t. Instead, you ask questions, and there are no answers. Only silence. You miss them. You love them. But that doesn’t change the fact that you can no longer hold them. The crushing weight of their absence sits heavily on your chest. Every. Single. Day.
Those that have not lost a child cannot understand your pain. A pain so profound it goes to the core of your being. You feel isolated and alone. But you are not alone. The road is filled with other fathers like you, trying to survive. Trying to find their way. Any way that points them to a glimmer of hope. You deal with guilt. You deal with shame. We are fixers, but this cannot be fixed. Only processed. A dad’s job is to take care of his family. You were your child’s protector. But you couldn’t protect them, not from this, the unthinkable.
Now you’re consumed by grief that no one wants to talk about. A grief that refuses to be ignored. You know that you’re not supposed to grieve like this. It’s not what you’ve been taught. Society told us from the time we were young: Toughen up. Take it like a man. Big boys don’t cry. Let me tell you, men DO cry. It’s essential, the pain must be released. We must take time to mourn. And asking for help is NOT a sign of weakness. It is a sign of courage.
You never get over it. You never have “closure,” whatever that is. But you can get through it. Not beyond it, but through it. It is forever apart of your life. Although painful, you fight to keep your child’s memory alive. We hang on to our memories and ask others that knew them to do the same.
Over time, I’ve learned that this grief is not the enemy. This pain isn’t something to be conquered or fixed. Over time, the pain gets better. Less intense. More about love. Less about pain.
The love never goes away. You never stop loving them. You start living your life to honor your child, and that gives you hope. You can survive the loss of your child, but you will be a different person. There is no going back to the old you. How could you? You know too much. This kind of pain and love changes you forever.
It is my personal opinion that this is a case of a Commission ceding to City Alders’ pressure. Departmental micromanagement by MFPC and a forced weakening of a strong policy, such as currently mandated, will most certainly result in more deaths of innocent Milwaukee citizens.-Jonathan Farris, Chief Advocate, Pursuit For Change
The opinion of Matthew Flynn in the August 18th Op Ed in this publication, while a valuable contribution to the pursuit policy debate, nonetheless rests on some fundamental mischaracterizations which should be corrected in order for the public to have an honest understanding of the directive recently issued by the Fire and Police Commission.
He begins be stating that “the MPD would be required to continue high speed pursuits of automobiles under some circumstances.” This is false. The directive does not require police pursuit in any circumstance, it instead allows pursuit in certain additional specific circumstances. Current policy language already affords the involved officers discretion when deciding whether or not to pursue and our directive does not demand any change to this discretion.
Many people, including Mr. Flynn, attempt to infer that our directive demands that drivers would be pursued for traffic offenses. While the reason an officer might attempt to pull a vehicle over could likely indeed be a traffic offense, the reason a pursuit might be initiated is because the subject driver is fleeing from a lawful traffic stop at high speeds. The act of fleeing can be a violent felony, and it is the driver of the fleeing vehiclewho is using reckless deadly force by fleeing dangerously at high speed, and it is the driver of the fleeing vehicle who is endangering the public. Furthermore, the reactive pursuit action by law enforcement in these situations is clearly and unambiguously justified by the US Supreme Court majority opinion in Scott v. Harris. Despite this wide legal latitude, the directive keeps in place the existing overarching theme of restriction to the practice and only broadens the existing pursuable offenses modestly and reasonably to include mobile drug dealing, fleeing from police multiple times, and excessively reckless driving.
It is true when the author states “There are many methods and technologies to arrest drivers later, even drivers of stolen cars.” The Fire and Police Commission fully supports and encourages the use of alternative methods for apprehending fleeing drivers. This is why our directive also calls for a follow-up report from the MPD which we hope will show progress in the department’s efforts in non-pursuit follow up. The FPC was forced to ask for such a report on non-pursuits precisely because of the unsatisfactory findings in our commission’s research report on the topic.
Finally, the claim is that replacing Chief Flynn with another police chief will result in an increase of deadly force by MPD is offensive to the professionalism of our police force. The author presents no evidence to support this claim nor does the directive have anything to do with Chief Flynn personally. The FPC is fulfilling its duty to work collaboratively with the Chief to make Milwaukee’s policing more effective. The FPC was in place well before Chief Flynn was hired and he was well aware of the board’s authority when he accepted the position; Wisconsin State Statute Chapter 62.50 clearly states that the board may prescribe general policies and standards for the departments.
As a diverse group of Milwaukee residents acting as the citizens’ voice in fire and police matters, we take this responsibility seriously and are committed to the goal of reducing crime, fear and disorder in our city. The citizen board members of the FPC have heard the undeniable voice of the citizens of the city who have been begging our body to help the police department make our streets safer, and we have acted with a measured and common sense response.
Steven M. DeVougas was appointed to the Board in September 2013, elected Chair in July, 2015 and re-elected Chair in July, 2016. His term expires in 2018. Mr. DeVougas received his Juris Doctor from Marquette University Law School in 2007. He received his Bachelor of Arts degree from the University of Michigan-Ann Arbor in 2004, with degrees in Economics and English. He is Past-President of the Wisconsin Association of African-American Lawyers and has been named “40 under 40” by the Milwaukee Business Journal.