Family sues Metro over fatal police pursuit, cites ‘unreasonable’ force

By Steve Green

Tuesday, Dec. 7, 2010 | 1:15 p.m.

The Las Vegas police department was sued Tuesday by the wife and children of a man killed in a May car crash while being pursued by police -- a pursuit that led to charges against two of the officers involved.

A suit filed in federal court in Las Vegas says Ivan Carrillo's civil rights were violated when police engaged in "unreasonable use of excessive and lethal force" and that Carrillo "was deprived of his life and liberty without due process of law."

The policy of the Las Vegas Metropolitan Police Department is to not comment on pending litigation.

On Sept. 1, Metro Police said criminal charges had been filed against two officers involved in the pursuit of Carrillo.

Metro at the time said officers Andrew Ubbens and Aron Carpenter ignored orders to stop the pursuit after officers tried to pull the suspect over for allegedly driving under the influence. Ubbens and Carpenter were sued along with the department Tuesday.

Police said Carpenter's vehicle collided with the suspect's Honda Civic on May 19 near the intersection of Lone Mountain Road and Lamb Boulevard in North Las Vegas, killing the 27-year-old Carrillo.

Carpenter, 29, was charged with felony reckless driving and misdemeanor vehicular manslaughter. Ubbens, 26, was charged with misdemeanor reckless driving, officials said.

The two officers allegedly engaged in the car chase without using their emergency lights or sirens after a sergeant told them to stop the pursuit, according to arrest reports.

Ubbens told investigators he unsuccessfully attempted a common police pursuit maneuver that would disable the Civic, according to the arrest report. Instead, officials allege Ubbens' vehicle ran into the back of Carrillo's car and caused the suspect to momentarily lose control.

Officials said Carpenter continued the pursuit once the suspect regained control and followed him to the intersection of Lamb Boulevard and Lone Mountain Road. Carpenter and Carrillo's vehicles allegedly made contact, causing Carrillo to lose control of his Honda Civic and travel into oncoming traffic on Lamb Boulevard, where it was struck by a Ford Contour, according to the arrest report.

Today's lawsuit described the maneuver attempted by Ubbens as a "pursuit intervention technique" maneuver, or PIT maneuver, executed by using a police car to strike a suspect car from behind with the intent to "spin out" the pursued vehicle.

The lawsuit said PIT maneuvers "are a custom, practice and policy of Metro and its officers, despite their dangerous and fatal application."

While the PIT maneuver attempted by Ubbens was unsuccessful, the same maneuver by Carpenter "had its intended effect -- Ivan lost control of his vehicle," the lawsuit said.

The lawsuit charged the officers shouldn't have attempted the maneuver since they knew a police helicopter had joined the chase and that other officers were setting up spike strips to disable Carrillo's vehicle.

The suit alleges counts including wrongful death, battery, negligence, negligent training and supervision, negligent hiring and retention, negligent infliction of emotional distress and seeks unspecified general, punitive and special damages.

The suit was filed by attorneys Corey Eschweiler and Adam Smith of the law firm Glen J. Lerner & Associates in Las Vegas.

The plaintiff is Petra Carrillo, widow of Ivan, and their children Arleen, Ayleen and Jayleen.