Posted on 09/10/2006 9:02:03 PM PDT by weegee
Scores of criminals might have eluded immediate capture had a controversial new plan to limit Houston police vehicle chases been in effect in the past 18 months, department records show.
Police Chief Harold Hurtt's proposal, set for a hearing Monday at City Hall, would restrict his officers from engaging in lengthy pursuits when a fleeing motorist's only known crime is a Class C misdemeanor, such as a traffic violation.
That was the reason officers gave for almost half the chases recorded in the past year and a half. Yet when those chases ended and suspects were questioned, 40 percent said they fled to avoid arrest for felonies, drug possession or driving while intoxicated, according to a department database obtained by the Houston Chronicle.
The statistics, detailing 1,045 chases since January 2005, could lend support to those who argue that pursuits are necessary to get wrongdoers off the streets — and that limiting them gives criminals a green light to bolt.
"People who run from the cops don't do so to avoid a traffic ticket. They're doing so because they are engaged in a greater crime," said Councilman Michael Berry. "Rank-and-file officers tell me that criminals will go free if they don't have this crime-fighting tool."
But the database also starkly highlights the dangers and costs cited by Hurtt in his move to change the policy: Those chases examined by the Chronicle led to 143 injuries, seven deaths and more than $1 million in property damage.
No officers were killed, but an uninvolved motorist, Denis Verdecia, accounted for one of the deaths. The southwest Houston man died after a suspected carjacker fleeing from police crashed into his vehicle.
"I'm personally always concerned that someone will slip through and escape,"said Craig Ferrell, the department's top lawyer, who helped draft Hurtt's plan. "But I'm also concerned that there will be some tragic injury — and it may be to one of our officers — for a minor traffic violation."
Southwest Freeway chase Both sides are expected to get their say at 10 a.m. Monday when the City Council's public safety committee meets to discuss the plan, which has sparked complaints from the police union.
Hurtt was forced eight months ago to defend the existing policy after a lengthy chase led to a highly publicized crash on the Southwest Freeway. Now the chief is facing criticism for being too lenient with fleeing motorists, and for crafting the policy change without informing other city officials, including Mayor Bill White.
Hurtt isn't alone. Police departments across the nation have dealt with the issue for years. Some departments never chase, while others pursue only suspects known to have committed violent or felony crimes.
"You're going to find polarized opinions on this," said Jim Dozier, an associate professor of criminal justice at Sam Houston State University who formerly ran the state agency that licenses police officers.
Reasons for fleeing Officers' discretion has a role and it's complicated to define, he said.
"There are certain things you can't regulate. There are certain things you just can't put on paper," he said. "I think that's the crux of the disagreement between the officers and the management."
The data examined by the Chronicle offer an unvarnished view of why suspects in recent months fled — and what happened when they did.
Among the findings:
•Though most chases occurred in what officers described as "light" traffic, about one in three led to a collision, and one in 10 led to an injury of an officer, suspect or uninvolved person. •Four in five motorists who fled drove fast, with more than 100 motorists topping 100 mph while trying to elude capture. The average high speed was about 65 mph. •Some fleeing motorists drove recklessly whether speeding or not. About 15 percent went the wrong direction on a roadway during a chase, and dozens deliberately rammed other vehicles. Ahead of Monday's debate, Ferrell is stressing that the proposal has been misunderstood by some.
He said the plan does allow officers to follow minor offenders for a short time, and they can be chased if they are driving recklessly or appear intoxicated. The typical chase time, according to the records, is about three minutes.
He also said safety was the key motivation for Hurtt's proposal, which Ferrell called a "minor tweak" to the policy. And he said the proposal would, for the first time, allow trained officers to use special driving tactics to slow down chases.
Still, Ferrell concedes the data offer critics ammunition.
Hurtt's proposed policy, for example, would allow officers to follow a fleeing motorist long enough to get a license plate or suspect description for later arrest.
But about one in four motorists who told police why they fled in the last 18 months said they were driving a stolen vehicle, the records show.
License numbers might not provide much help tracking down the motorists, said Hans Marticiuc, president of the 5,000-member Houston Police Officer's Union.
Plan called flawed Also criticizing Hurtt's proposal is the Houston Police Patrolmen's Union, which has about 650 members. It has placed the first of four planned billboards just outside the city limits criticizing, among other things, a "no chase, no catch policy."
Under Hurtt's proposal, however, officers would be allowed to continue a pursuit if a check of the license plate number indicates the vehicle was reported stolen.
In the 496 cases in which officers gave chase solely because of a traffic violation, the data show that 213 suspects ran because they were intoxicated, possessed drugs or had either committed or were wanted for a felony.
Ferrell said those figures could be slightly misleading, because some "traffic violation" chases also might have involved reckless driving, a factor that would allow an officer to continue chasing under the proposed policy.
Marticiuc said the plan is "flawed," and he questions whether the department has the staffing for follow-up arrests if officers were to abandon chases.
"We realize that there's a balance between public safety and the need to apprehend somebody," he said. "But don't just raise the white flag and give up completely. That's just crazy."
Marticiuc said the proposal would send a signal to motorists that they can get away. Indeed, a man arrested last week after a chase said he thought authorities were no longer allowed to pursue him. That chase involved the Harris County Sheriff's Department, which is not proposing changes in its pursuit policies.
Not all motorists who fled, data show, are serious criminals. About 15 percent of those who gave a reason for running said they only wanted to avoid a traffic ticket. Ten percent said they fled because they had traffic warrants or had committed a misdemeanor.
Jose Adan Melgar's excuse ranks among the most novel. "It's what I do," the 19-year-old later explained to officers.
Melgar, whose attorney couldn't be reached for comment, served a month in jail for what the database describes as a minute-long jaunt from the 6300 block of Texarkana to the 400 block of Woolworth.
Vote not expected Even after Monday's discussion is over, it's unclear what will happen with the plan. The hearing isn't expected to lead to a later up-or-down council vote. Rather, it's intended to allow discussion. Hurtt and White have the final say.
Councilman Adrian Garcia, a former police officer who chairs the public safety committee, said he hopes the department drafts a more concise plan that would give officers more discretion and their field supervisors more responsibility for deciding when to chase.
He said he was heartened by the department's inclusion of the new driving tactics.
White, who was critical of the department for releasing the plan without review by the city's legal department and union representatives, hasn't taken a firm position.
Asked last week whether chasing Class C offenders was worth the potential costs to the public, he said, "That hasn't been fully briefed and presented to me."
He later said, "I don't want anybody who sees red lights to think they can cruise off without consequences."
Houston PING
So if chasing drivers helps us to apprehend people guilty of more than just traffic violations, why again are we MAILING traffic tickets to people who run red lights?
Couldn't those traffic stops do MORE to solve Houston's rising crime rate?
Shooting the engine from a helicopter with large calibre steeljacketed round would bring longer chases to an end reasonably, but response time could not be any quicker than the news flights.
Bad move. That'll keep the cops from using the "lights test" method of checking carloads of suspicious looking individuals. You know, the one where they come up behind the car and put the lights on; if the suspect flees he's a bad guy. If not, the cop just passes him and zooms off.
< /curmudgeon >
OMG, I saw that happen last month out on West Mount Houston. Scared the bejebers out of me.
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