ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, April 24, 1996 TAG: 9604240057
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: DIANE STRUZZI STAFF WRITER
NOTE: Above
POLICE DEPARTMENTS in the Roanoke Valley set only general guidelines on when to engage in high-speed pursuits.
A police officer is chasing a motorist who refused to pull over when he turned on his flashing lights and siren.
Does the officer continue to follow the motorist, who is now guilty of at least one crime - running from police?
``The very first thing an officer thinks about is, `Why is the individual not stopping? Why are they not heeding the red light and siren?''' Salem Police Chief James Bryant said. "It triggers the reaction that this guy or gal has done something they shouldn't have done and it's probably serious.
"That's where it has to go back to the individual officer," Bryant continued. ``That officer is trained in defensive driving. That person has to make the choice - `Should I continue or should I not?'''
Police departments in the Roanoke Valley leave that decision up to the officer, setting only general guidelines.
The Roanoke County Police Department's policy does not diverge from that philosophy. The six-page policy outlines when an officer should pursue, that officer's responsibility, the supervisor's responsibility and when a pursuit should end.
Roanoke County Officer John McPhail used those guidelines Sunday afternoon when he decided to pursue Scott Allman.
McPhail, who's been a county police officer about 11/2 years, suspected Allman's car windows were tinted too dark, a violation of state law. The chase lasted 17 minutes, from U.S. 220 in south Roanoke County to commercial streets in Northwest Roanoke.
It ended when Allman ran into a car at a major intersection, killing a family of three, including a 6-week old infant.
Comments from those who witnessed the crash reflect the inherent conflict in pursuits: Which is the greater risk - allowing a fleeing suspect to get away or endangering the public with a high-speed chase?
"If it's a bank robbery or a murder, I can see that," said David Powell, who witnessed part of the chase. "But for a minor offense, I think it shows poor judgment."
But Donna Haley, whose car was the first hit by Allman, sees it differently. She thinks police acted conscientiously and cannot be second-guessed when making a minute-by-minute decision with sketchy information. She said officers were not speeding near the intersection of Hershberger and Plantation roads, where she was hit.
Allman is the one who's responsible, she said. He is the one who chose to continue the chase.
"It's easy to play Monday morning quarterback," she said. "But if [Allman] didn't do anything serious then why would he run? If his windows were too dark he should have stayed and dealt with it. ... I think the cops did the best they can with the information they have."
Allman has been charged with three counts of involuntary manslaughter, eluding police, driving with a suspended license and hit and run.
Tuesday, Roanoke County Police Chief John Cease would not talk about his department's policy, citing the ongoing criminal investigation of Allman.
But in an interview Monday, Cease enumerated the questions an officer is likely to ask during a pursuit:
Does safety outweigh the need to continue the pursuit?
How serious is the event or crime?
What are the weather and road conditions?
What is the capability of the officer and of his patrol car?
The policy is meant to balance aggressive policing and public safety.
"It finds the happy middle ground - most policies do," Cease said. "Where to exert force? Where to have action or nonaction? How serious of an incident was it at the time the officer saw it? If we base our decision on second-guessing the officer, I don't know if we'd ever get a police officer to come to work."
A supervisor is always in contact with the pursuing officer and can decide to terminate the chase at any point. On Sunday, McPhail made a decision to break off the pursuit seconds before the fatal crash at Plantation and Williamson roads, after he was given accurate information about who owned the car.
Incorrect information about the car initially led him to believe it was stolen. Police said it is not clear how the incorrect information originated.
The car owner's identification as well as the fact that the intersection of Plantation and Williamson was congested with traffic were factors in that decision, Cease said.
"These are decisions that police officers are paid, trained and expected to make," said Col. M. Wayne Huggins, superintendent of the Virginia State Police.
He, like Bryant and other police officials interviewed for this story, stressed they weren't commenting on the Roanoke County case, but on their departments' specific policies.
"This is not an easy issue. It's a complex and difficult issue," he said. "But ultimately a police officer has to have the ability to reasonably pursue those they reasonably suspect are threatening the lives of others."
The bottom line is that it comes down to the judgment of the officer and his supervisor, police say. Officials at the Roanoke County Police Department are in the process of reviewing the pursuit policy in light of Sunday's crash.
"We'll do a rehashing of this several times as we do of any major event," Cease said Monday. For instance, "are there training needs that need to be looked at?
"But we're not in a business where guarantees come easy, as long as there are human beings with different mindsets," he added. "If you're looking for people with guarantees, you'll not find them in police work."
LENGTH: Long : 108 linesby CNB