Metro says it won’t curb police pursuits

Jen Lawson

Wednesday, Dec. 18, 2002 | 11:12 a.m.

Police pursuits that end in collisions are more likely to occur in Las Vegas than in Los Angeles, a city known for its dramatic, high-profile police chases, according to a study by the Los Angeles Police Commission.

At the urging of a new police chief brought in to raise the department's standards, the Los Angeles Police Commission is considering tightening regulations and putting the brakes on most police pursuits because of crashes and injuries.

Metro Police officials said their policy on chases is loosely defined, and they like it that way.

Metro officers may chase drivers suspected of committing traffic violations, misdemeanors and felonies. There are no definitive guidelines for when to terminate the chase.

"We don't want to nail down our officers to anything specific because that would take away their discretionary power and impede their ability to do their jobs," said Metro spokesman Lt. Vincent Cannito.

Every chase is different, and Metro officers and supervisors must consider the "totality of the circumstances," Cannito said. "That's why it's so important that we're not specific."

In contrast, other large police departments spell out when to start a chase -- if the fleeing suspect is a known or suspected felon, if the crime is more serious than a traffic offense, if backup is available, for example.

Other agencies also indicate when to stop a chase -- if the suspect is driving too fast or recklessly, if weather is bad, if pedestrians and other drivers are at risk.

Cannito said there are no plans to change Metro's pursuit policy.

Each chase is monitored closely, and extra units and helicopters are dispatched if necessary, he said. Every chase is also studied after the fact to see if there are any problems with officer training.

"It's a good policy," Cannito said. "It's tried and true."

In Los Angeles, the new police chief, William J. Bratton, proposed banning most chases after a series of pursuit-related crashes, including one this month in which a 3-week-old boy lost his left arm when a fleeing suspect crashed into the vehicle the infant was in.

The Los Angeles Police Commission conducted a study of police chases in 20 cities in 2001, and found Los Angeles had more pursuits, crashes and injuries last year that Atlanta, Boston, Chicago or Philadelphia.

However, Las Vegas experienced a higher percentage of pursuits that resulted in crashes, according to the study.

In Los Angeles, 36 percent of the chases resulted in crashes. That city had 781 pursuits last year, 283 resulting crashes and 139 injuries, including six fatalities.

In contrast, 45 percent of the chases in Las Vegas resulted in crashes. There were 246 pursuits, 111 resulting crashes and 42 injuries, according to the study.

Of the cities studied, Dallas had the highest percentage of pursuits that resulted in crashes: Fifty-five percent.

The Los Angeles Police Commission was to decide Tuesday on the proposed change, but it was postponed until Jan.7.

The proposed plan would ban the use of minor infractions -- broken taillights, missing license plates or minor traffic violations -- to justify a pursuit.

Last week in Las Vegas, a Metro officer chased a sports utility vehicle that had a missing rear license plate. The driver of the SUV didn't stop, then crashed into a pole.

The driver, Javier Duarte Chavez, 24, jumped out of the vehicle and ran into an apartment building, police said. Officer Enrique Hernandez chased him, and Chavez turned and shot Hernandez six times. He remains in critical condition at University Medical Center.

According to police, Chavez was found hiding in an air conditioning duct an hour later. Police said Chavez pulled a gun on SWAT officers, and three of them shot at Chavez, killing him.

Tuesday morning, another Metro Officer, Stephen Krystef, 26, was injured in a crash near Eastern Avenue and Bonanza Road when he was attempting to catch up with a man accused of beating a woman.

Krystef's patrol car slid on the wet pavement, and it crashed sideways into a pole. He remains in fair condition at University Medical Center.

Metro Police spokesman Officer Jose Montoya said this isn't considered a pursuit.

"A pursuit doesn't initiate unless the officer's lights and sirens are on," Montoya said. "He was trying to catch up with him, and took off a little too fast."

When a pursuit starts, the officer gives the dispatcher a description of the vehicle, direction of travel, speed, traffic conditions and what offense the suspect committed, Montoya said.

A supervisor comes on the radio and monitors the chase. The time of day, location, traffic conditions and weather are factors that might result in the termination of the chase, but the decision is left to the officer or supervisor.

John L. Sullivan, a retired Metro deputy chief who now works as a litigation consultant and expert witness for defense attorneys, said Metro's officers are trained so they know how to make good decisions during a chase.

"You can't tailor-make a policy for each situation," he said. "It's designed to allow for officer discretion, and they are trained to know how to make proper decisions."

Las Vegas is smaller in square mileage than Los Angeles, and has fewer highways, which could be why Las Vegas has more chase-related crashes, Sullivan said. Las Vegas is 7,560 square miles in size, and Los Angeles is 471,200 square miles.

Alan Lichtenstein, general counsel for the American Civil Liberties Union of Nevada, said pursuits should be initiated only in exigent circumstances, not for misdemeanor crimes or traffic offenses.

The fact that Metro has no solid guidelines on when to end a chase is a problem, he said.

"They have total discretion," Lichtenstein said. "It would make a great deal of sense for Metro to have a set clear and precise set of guidelines."

Chase policies vary in other Clark County police jurisdictions.

Henderson Police Department's vehicle pursuit policy says an officer can give chase if the suspect is trying to avoid arrest for a felony offense and if the suspect would cause serious bodily harm or death if allowed to flee.

Henderson officers cannot chase a vehicle for a misdemeanor traffic violation unless the suspect has committed a felony prior to fleeing.

Like Metro's policy on ending chases, Henderson's policy is loosely defined. It says pursuits are constantly changing situations, and officers should continually reassess the chase.

Police in North Las Vegas can chase people suspected in misdemeanor crimes or traffic offenses, but their policy notes that a chase is more justified if the person is suspected of committing a felony.

Guidelines on ending a chase in North Las Vegas are clear-cut: The chase should end if the suspect's identity has been established and police believe they can find and arrest the suspect later; when the suspect's vehicle is out of sight; and when the officer believes the danger created by the chase outweighs the necessity of immediate apprehension.

Nevada Highway Patrol's policy on chases is being rewritten, Trooper Jim Olschlager said.

Troopers' pursuits tend to be higher in speed and longer because they occur on highways.

Olschlager was injured in a crash while on duty in November, but it wasn't chase-related. He was going to a fatal crash that had occurred a half hour earlier, and went through a red light at Jones Boulevard and Desert Inn Road with his lights and sirens on.

Olschlager was hospitalized for eight days and returned to work Tuesday. He declined to comment on the incident because it is still under investigation.

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