Police rules of pursuit scrutinized in 2 cases
By KATHY JEFCOATS
The Atlanta Journal-Constitution
Published on: 02/27/07
Police chases in Georgia were scrutinized Monday in two places.
In Jonesboro, Clayton County police said no outside agency would be asked to investigate a late Saturday night chase in which a stolen car crashed, killing two teenagers and injuring four others.
Interim Chief Jeff Turner said the incident is not considered "officer-involved" because Lt. W.S. "Scott" Stubbs' car did not make contact with the second car, a 1996 Honda Accord reported stolen hours before.
In Washington, U.S. Supreme Court justices watched a police video of a 2001 Coweta County chase that ended in a crash that paralyzed the pursued driver.
Justice Antonin Scalia called it the "scariest chase I've seen since 'The French Connection,' " referring to the 1971 movie with one of Hollywood's classic police pursuits. "It is frightening," he said of the Georgia video.
Plaintiff Victor Harris is fighting for the right to sue former Coweta sheriff's Deputy Timothy Scott, alleging civil rights violations through the use of deadly force in stopping Harris' car.
The Supreme Court case could help define how aggressive police can become in pursuing suspects. A ruling is expected in July.
Clayton County police said Monday that Stubbs was not overly aggressive in pursuing the Accord. Driver Obi Terrell Zachery Bailey, 17, of College Park and front seat passenger Dave Austin, 17, of Riverdale died at the scene.
Austin's stepfather, Arthur Powell, 38, said Monday afternoon that his family is seeking answers as to what happened. He said he has asked to meet with Turner.
"We're not mad or bashing anyone," Powell said. "We just want to know what happened."
Turner said Stubbs was involved in another chase which resulted in a fatality, but could not remember any details of that case. A search of Atlanta Journal-Constitution databases turned up no record of the other chase.
Turner said Stubbs followed the department's "pursuit continuum," a five-level chart that helps officers and their superiors decide when to pursue a driver and what methods should be used to end the pursuit, based on the seriousness of the incident.
"This started as a level 3 felony," Turner said.
Responses include getting the tag number and description of the car and occupants, activating emergency equipment and trying to stop the driver, trailing the car and boxing it in.
Saturday night's chase didn't last long enough to involve other officers, Turner said. After eight miles and six minutes, the Accord smashed into a grove of trees on Camelot Parkway.
"The officer backed off and was 400 feet behind the car when it crashed," Turner said. "That is another tactic we use, to back off a chase, to get the pursued car to slow down."
Stubbs had just left a part-time security job at a local theater when he saw the Accord being driven without headlights on, Turner said. Before confronting the driver during the traffic stop in the Morrow Home Depot parking lot, Stubbs learned the Accord was stolen.
Turner said Stubbs, rather than approach the car, used his loudspeaker to ask the driver to step out of the car. Instead, the driver took off, Turner said.
Accord rear-seat passengers Jeffrey Winslow, 16, of Jonesboro is in Atlanta Medical Center and Larry Smith, 18, of Jonesboro is in Grady Memorial Hospital, both in stable condition, police said Monday.
Two other rear-seat passengers were Isaiah Troupman, 15, of College Park and Dyja Harper, 14, of Riverdale. They were treated for injuries and released, police said.
Stubbs is taking the week off for a vacation he'd already scheduled, Turner said, so the officer will not be placed on administrative leave.
Another fatal police chase occurred last Thursday, when state troopers chased a car from Cherokee into Bartow County. Troopers bumped the car in an attempt to stop the chase, and the fleeing car wrecked, killing a man and a woman inside.
The Associated Press
www.ajc.com/news/content/metro/clayton/stories/2007/02/27/0227chases.html