Mike Friend
A review of a May high-speed pursuit shows that a Grady County reserve deputy may have violated Sheriff’s Department policy although supervisors deemed the chase, that left two injured and two cars a mangle mess,justified.
“I hope he had a good reason, but I didn’t really get to talk to anybody before they took me to the emergency room,” said Turner Berry Jr. who’s car was totaled when the fleeing suspect plowed in to him.
In the affidavit of arrest, Reserve Deputy Steven Gilliam states that he observed a “black male driver not wearing his seat belt.” Gilliam then caught up to the suspect and activated his lights and siren and the suspect then pulled over in the Wal-Mart parking lot. Once pulled over the driver then stepped out of the vehicle and Gilliam instructed him to stay inside the vehicle.
Gilliam stated, “While waiting for the chance to advise dispatch of the traffic stop, the driver put the car in gear and left the scene. The vehicle left the Wal-Mart parking lot at a high rate of speed and about first and Washington the suspect’s vehicle struck a northbound pick-up causing it to rollover and damage both vehicles.”
Questions have arisen with regard to the justification of the Deputy’s decision to pursue. The first question, “Why is a reserve officer involved in a high speed pursuit, when they are not trained in that type of situation?”
According to Sheriff McMullen, the purpose of a “Reserve Deputy” is to help with parades, community events, and possibly help with traffic accidents to help make the scene safe.
The second question, “Why are Deputies pulling citizens over in the Chickasha City limits, especially for minor traffic violations?”
McMullen said, “We are always telling the guys to get out in the rural areas, but we do still have jurisdiction anywhere in Grady County. It’s too easy to make stops though in town.”
The third question, “Did Deputy Gilliam follow the Sheriff’s Department Pursuit Policy and why did he not follow policy by calling the stop in before the cars were pulled over?”
The policy states: that the office may exceed the speed limit so long as he does not danger life or property. Any member engaged in emergency or pursuit operations, has imposed upon him increased responsibility for: careful attention to his driving, cognizance of existing conditions, alertness for other traffic and it’s movement, awareness of potential hazards and sudden developments, use of safe driving skills, good judgment, sound discretion, and driving with due regard for the safety of all perons and property.
Members engaged in emergency or pursuit operations will not endanger themselves nor other motorists and pedestrians.
The Oklahoma City Police Department, Chickasha Police Department, and Highway Patrol were given this particular case as a “hypothetical situation” and asked, “In your professional opinion, would this stop be justified?”
All asked said that in that situation they would have called in the tag number and would have found them at their home.
Assistant Chief of the CPD, Elip Moore, said, “I know first hand the devastation that can come from high spend pursuits. When I was a Military Police officer in the army, I had a guy that tried to outrun me on a motorcycle, and regretfully after the chase, he left in a body bag. So, especially when a motor bike is involved, it’s better to just get their tag number and in many situations you can call for back up to respond to the individuals home before they even get there.”
It should be noted that the suspect in this situation was under the influence of alcohol and he was wanted in Kentucky for prior felony charges. However, the officer did not know this at the time of the pursuit.
McMullen said, “I have to stand behind my guys on this. And I don’t think he did anything wrong.”
When asked, “Had the pursuit ended in the death of an innocent pedestrian or the officer, would that have changed his view.”
McMullen replied, “They didn’t, and no it wouldn’t. Do you expect us to not chase and let the criminals think we won’t pursue them if they flee.”