23 Jun 2016
A police chase in Patton Village, Texas (outside Houston) last weekend ended in tragedy. Reports say that a Houston-area police officer was pursuing a suspected drunk driver when his patrol car was struck by an SUV at an intersection. The crash killed both the police officer and an 11-year old boy who was a passenger in the SUV. A number of other people traveling in the SUV were critically injured.
According to news accounts, the incident began with a report of a man who had allegedly urinated in a public place. The officer responded, and the chase was on, resulting in the crash that resulted in the two deaths and multiple injuries. The suspect returned to the scene when he saw the crash in his rearview mirror. He now faces numerous charges, including murder, intoxication manslaughter, and intoxication assault.
This is clearly a tragedy. But we feel compelled to take a look at the circumstances surrounding the crash, as well as the deaths and injuries. From a legal point of view, everyone is pointing the finger at the suspect, although that case is obviously still pending. Our attention is drawn, however, to the chase itself, specifically whether it was justified, under all the circumstances. This leads us to examine some of the results of police pursuits in the United States.
According to the FBI, the decision of whether to engage in a high-speed vehicle chase involves a balancing test, which includes an examination of the safety of and risks to officers, suspects, victims, bystanders, and the community. The reason for the balancing test is obvious, and becomes even more important when you consider some of the frightening statistics regarding these pursuits. An article in USA Today reports that over 5,000 innocent bystanders were killed in police car chases over the past several decades. That fact becomes more troubling when you consider that many of the chases are for minor offenses, including traffic violations, shoplifting and other misdemeanors. Even where the suspected offense is more serious, other methods, such as roadblocks, may be available as alternatives to the continuation of a high-speed chase.
Obviously, we don’t know the specifics of what happened in this chase. Whether the pursuit was justified will be determined at a later date. In that regard, it would be helpful to know what the Patton Village PD policy is on police pursuits. Unfortunately, at a news conference following the crash, the Police Chief apparently refused to release or to discuss the policy. We do expect that this is not the last we’ll hear on the case.
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
(512) 369-3737