Liability Anyone?
This will merely reinforce Chicago's aversion to pursuits. And in this case, maybe rightly so:
- A motorist was killed Sunday after leading police in northwest Indiana on a high-speed chase and crashed on I-94 near Chesterton.
- An Indiana State trooper was waiting at a crossover on the interstate and as the Trail Blazer went by, the trooper deployed stop sticks. The vehicle tried to avoid them, but the front and rear tires on the driver's side struck the stop sticks and the driver lost control, police said.
- The vehicle rolled over and the driver, who was not wearing a seat belt, was ejected from the SUV. The motorist died at the scene from massive head and neck injuries. Toxicology tests are pending.
So much for "stop sticks" being a safe and effective method to slow/stop a chase safely. The court depositions and lawsuits are going to be interesting on this one.
UPDATE: It was a female driver, not male as the first few comments have been assuming. Second, it was a disturbance call. No guns, no felonies, nothing. Third, this is almost exactly the sort of case taught in various courses where the punishment (death while fleeing) doesn't fit the crime (quasi or misdemeanor at best).
We are advocates of chasing, believe us. The minute the bad guy knows he can flee with impunity (and it's happening already), we've lost the entire game. The trouble is we are also advocates of police keeping their jobs and houses and pensions. And the political realities of the Northeastern corner of Illinois being what they are, it is truly a rare occasion when an officer of this jurisdiction is going to be backed by the exempts, the political structure and the courts.
UPDATE: It was a female driver, not male as the first few comments have been assuming. Second, it was a disturbance call. No guns, no felonies, nothing. Third, this is almost exactly the sort of case taught in various courses where the punishment (death while fleeing) doesn't fit the crime (quasi or misdemeanor at best).
We are advocates of chasing, believe us. The minute the bad guy knows he can flee with impunity (and it's happening already), we've lost the entire game. The trouble is we are also advocates of police keeping their jobs and houses and pensions. And the political realities of the Northeastern corner of Illinois being what they are, it is truly a rare occasion when an officer of this jurisdiction is going to be backed by the exempts, the political structure and the courts.
Labels: crime, info for the police
74 Comments:
too bad. she disregarded the safety of everyone involved because she refused to stop. no police or innocent by-standers were injured. the police tried to do the right thing by using alternative methods to stop her and she tried to avoid that and paid her fine with her life. TOO BAD !!!!! all this to avoid a possible misdemeanor arrest ? the truly sad part is that the outcome will still be the police's fault and a lawsuit will be coming shortly. to the attorney's for the state of indiana police...her "contributory negligence" caused her death...not the police. thanks
whatever happened to "the asshole who fled the police is at fault" ?
Just my comment and a little off topic but I would surely hope that the accident victim has signed his new organ donor license. The old ones are no good anymore, you have to re-sign. Speaking as the wife of a police officer who just received a kidney from a live donor, I'm amazed that more people are NOT doing it. With 13,000 p.o., some of you healthy guys and gals should look into it. It's not as bad as it used to be. Save a life for a good cause.
So let me see....the motorist (Asshat who was running from the police) got himself killed while running from the police? And the problem is????
As long as no one else is hurt, fuck him!
THE MOST EFFECTIVE WAY TO CHASE IS TO NOT CHASE AT ALL YOU WILL END UP KEEPING YOUR JOB AND HOUSE
Shit Happens, if you were to check Nationwide stats on stop sticks, you would see a very good track record for them. Here in Chicago, we cannot chase anyone. Why not use stop sticks, might come in handy.
liability?...how about the idea and principal of individual responsibility?
As usual SCC, we disagree on a driving/pursuit issue. There is only one person who should "rightly" be held responsible for this man's death. Himself. Handcuffing the police on pursuit issues has and will only embolden criminals and line the pockets of lawyers.
As I understand it, the motorist who was killed was the same one fleeing the police. Sounds like a win win situation for everyone involved.
1. Bad guy stops.
2. No innocent bystanders or motorists get killed.
3. No police are killed.
4. Taxpayers avoid having to pay for this scumbag's trial and all costs associated with housing him in jail.
Maybe he should have just pulled over and surrendered? Oh that’s right its the Po Po's fault. I'll bet that more people die from office chairs breaking in one year then criminals hitting stop sticks.
Come on, it worked in "Heat".
SCC!! Any word on how our boys did (the football team) in Las Vegas in their firs game??
SCC, the Chicago Enforcers lost their first game 6-0 in Las Vegas WHAT A GAME !! Our boys defense is top notch man they hit hard (8 sacks 3 INT's)...Their offense needs some work but they had some opportunities. The score was 0-0 in the fourth quarter the LA firemen scored, but the extrapoint was blocked...then the Enforcers drove the ball 65 yards to the LA 5yd line with 58 seconds left but couldn't punch it in. They made me and all the fans who made the trip very very proud, for this being their first season in the league against one of the top teams GREAT JOB GUYS !! Thay play NYPD April 21st at Hanson stadium go support em'. It was a blast good time by all
reason why we dont have them in chicago p.d. one of those po's might leave them under a boss's car
A couple of years back the two star wearing chief of patrol Jimmy Maurer wanted stop sticks in every marked car. Cute idea but extremely fuckin stupid. Anyway the committee that studied the idea shot it down for the same reasons that are illustrated in this Indiana incident. Liability, liability, liability. We all want to retire with our pensions, houses, & 457 plans. Deploying stop sticks could prevent us from doing that.
SCC
No the punishment doesn't fit the crime. But are you saying the police judged her and carried out a punishment?
Your answer I assume is no. The police carried out their duty to the best of their ability utilizing the method and equiptment they were given to carry out their mission. (uphold the law).
You may argue that is not their mission but rather to serve and protect. But dont We serve the citizens by upholding the law thereby protecting them.
Now onto who is at fault. Who made the decision to flee the police in the vehicle? Who made the choice not to stop and speed at a high rate of speed? Not the officers. This is an "accident" not an "on purpose" there is no malice. The fault and responsibility lies with the woman who died.
If anything the state aught to sue the womans insurance and estate for the cost beared in its rightful pursuit and clean up of the accident scene that the woman caused by her negligent and wilful disregard for established law.
Are going to give me the "sure but she's nuts defense" Assuming she is a bonafide nut. Under the liberal way of thinking the insurance company, auto dealer, person that sold her the car or use it, as well as the state that issued her a license should all be held accountable because there is no self accountability!
How about looking answering this:
If a man jumps a turn style for the train.....and a policeman chases him down the platform and yells "Stop police!" or "Stop or I'll shoot" (with no gun drawn) If the man looks back to see the officer and falls on the tracks and gets struck or electricuted. Who's fault is it then. The cops for using his "Verbal Judo"?
There needs to be a law that "If you sue and lose, you are liable for any costs associated with the defense of the suit."
There is no need to chase anymore. With the full installation of the red light camera system we will be able to track any offender. The city has in its plans to fund a spy satellite to be used over Chicago.
where did this term "po po" come from? Another ghetto phrase that has invaded America. Maybe if mainstream America would stop emulating the "inner city" we would have some standards left.
Same to be said for "hoodies".
Seems as though ebonics has surpassed the Queen's english
Unless 10-1 or something of that matter dont chase. Chase for what a hot car? Who cares? Dont chase answer jobs and go home, hopefully make it to retirement.....
Simply adopt the California law. Officers nor municipalities acting in a lawful non-negligent manner CANNOT be sued. The only one that can be sued is the shithead. Sorry, forgot this is Illinois and that will never happen.
Too bad, run from a cop and get killed or hurt, that is your problem. The police should be able stop this kind of person within any means before they injure someone else.
One less asshole female driver. she fled, she died who friggin cares? No one else was hurt, so screw her. Asshat
They believe she crashed after losing control of the vehicle while trying to avoid stop sticks? This is untrue.
She crashed because she is a woman!
Hi Oh!
OFF TOPIC: New Rumor
The City and FOP have enter into talks regarding the use of retirement funds (No Interest Loan) to help off set the cost of pending olympic, if chicago should be so unfortunate to get picked.
Happy retirement..............
Thinking about liability, why is the city not buying any more Chevy Impala squad cars? Because of officer safety and liability issues? Probably not, it's more likely because the two cop haters Mike Picardi and Glenn Tatara have been moved out of fleet/police motor maintenance over to streets and sanitation. Picking up our shit and garbage is closer to where their abilities lie.
Time and time again STOP DOING CHASES! Forget it! Stop working hard! Look at all the bullshit daley and his boys put us through its a job and check nothing more!
Unless he shot a PO, DO NOT CHASE!!!
Think about your job, your pension, your family and your freedom!
It isn't worth it!
Anonymous said...
whatever happened to "the asshole who fled the police is at fault" ?
4/15/2007 11:16:00 PM
-----------------------------------
Obviously the asshole who flees is at fault.
But since the politicians have changed the laws protecting themselves and putting it on YOU, the PO, it isn't worth it.
Fuck em, let em go and keep your job.
In an ideal world, we could chase.
Last time I checked, we do not live in an ideal world.
The democrats in this city have made the laws putting the chase on YOU, not them.
They do not have to answer when something like this happens, you do.
Let the city burn, keep your pension, your job, your family and your house.
one correction to all posts, the driver was female
Hey Dickman you dont deserve to be a Sergeant. You are making a bigger mess on 3rd watch in 020 and we are sick and tired of your nonsense. You will be watched and logged on a daily basis. You now have a ledger with your name on it.
We will compile all we need to get you launched. PLEASE LEAVE!
Stop acting like a damn baby and grow up. Go to iad where idiots like you belong. You dont know what your doing and mess up 9.9 out of 10 jobs you ride on. Morale is in the crapper already without you adding to it.
Stop now and pull your head out of your ars before you make us stop bringing in the numbers all together completely. You will be the reason the Captain wont get her numbers. Sorry Captain, we like you and you are very fair. But we are fed up with Dickman.
Driver zero; Cops one;
Justice done; Society won.
Shooting at Va Tech. 21 dead! Is this the scenerio that Lt. Col. Grossman wrote of? It will be interesting to find out who the offender is.
Bottom line is the stop sticks worked like a champ! She came to a fatal stop, due to her own stipidity of not wearing a seat belt. Shame on her. Nice job Indiana State Police!
Any truth to the rumor a Sgt's list is coming out this week???
Just my comment and a little off topic but I would surely hope that the accident victim has signed his new organ donor license. The old ones are no good anymore, you have to re-sign. Speaking as the wife of a police officer who just received a kidney from a live donor, I'm amazed that more people are NOT doing it. With 13,000 p.o., some of you healthy guys and gals should look into it. It's not as bad as it used to be. Save a life for a good cause.
----------------------------------
The signature on the back of your license has NO legal weight at all. My wife works in the ER of a major Chicago trauma center and deals with this issue frequently. Despite your signature on the donor portion of your DL your next of kin has the final say whether your organs are donated. Let your wife/husband or parents know your wishes before hand.
On the campus of the Virginia Tech Hokies, the death count is now at thirty-two...
WHY???
SCC, you are way off base on this one.
"where the punishment (death while fleeing) doesn't fit the crime (quasi or misdemeanor at best)."
Sounds like she lost control trying to avoid the stop sticks but regardless this wasn't a case where the driver was punished by anyone, the results of her out of control actions ended up being fatal, fortunately not involving anyone else.
http://mfile.akamai.com/12948/wmv/vod.ibsys.com/2006/0728/9591734.300k.asx
This is the San Francisco
Police Chief.
I nominate him for the top job here
it's happening more frequently now.
the bad guys know we can't chase and tear ass by us like we can't do anything about it....and we can't. espescially with GPS....no more run silent, run deep. may the city of chicago enjoy their emasculated police department and all that comes with it.
THE MOST EFFECTIVE WAY TO CHASE IS TO NOT CHASE AT ALL YOU WILL END UP KEEPING YOUR JOB AND HOUSE
4/15/2007 11:59:00 PM
Maybe you should just quit now. What next, do not leave the station because you might lose your job and precious raised ranch? Stuff happens. You either do what you have to do or go flip burgers somewhere, if you are even qualified for that.
I'm 100% a pro-chase/pursuit police officer. The wrong msg is sent out to any and all offenders after commiting whatever the crime. Commit a crime and get in your car and you're home free!!! It's a fucking down and out right shame how ball-less most dept's including Chicago have gotten.
We (the police) are highly trained professionals. We show good judgement especially in the heat of a chase. You probably won't find an officer crashing through a mail box, driving down a sidewalk and barreling through a group standing in their front yard.
It's unfortunate and sometimes tragic whats happens during a police chase but remember the person being pursued can just simply stop. The totality of "whatever" happens in the chase should put SOLEY on the one being chased not the police.
I can speak from personal experience that time and time again I've inniated a chase for psmv, armed robbery, carjacking and murder and no sooner than the chase starts it's terminated letting the criminal get away with the crime he or she has just committed and opened the door for them to do it again.
A lot of people are quick to blame the police. Hello!!! It's the bad guys fault, not the police. Wipe the $$$ dollar bill signs out of your eyes and be angry,made or seek restitution from the person or persons being pursuid.
Our government needs to step in and come up with legislation that protects officers that are simply doing their job, enforcing the law and removing criminals off the street.
The reality is that the outcome does fit the crime. She was driving a 2ton weapon that could have taken innocent lives at any moment. If she was running around blasting a .45, we would be expected to eliminate the threat. How about serious consequences for fleeing and eluding? Not likely in this liberal county, country. Now what happens when someone is driving reckless already, D.U.I., etc. We let this person go and he/she proceeds to kill an innocent bystander. Po Po's fault for failure to take enforcement action? when is Daley going to sue the auto manufacturers ? Doesn't he realize cars kill people? What a stroke.
i think all cops are in agreement that it's the shithead who ran from police that should be held accountable for the chase, not the police......but 99.9% of the time the person who ran from the police has no license, no insurance, and no money. but we as cops have to be realistic since we all took this wonderful job. we all have bosses that will hang us out to dry in a second. so no it aint worth it anymore.
Families need to sue VT for liabilty and the state of Virginia.
"Last spring a Virginia Tech student was disciplined for bringing a handgun to class, despite having a concealed handgun permit. Some gun owners questioned the university's authority, while the Virginia Association of Chiefs of Police came out against the presence of guns on campus."
"In June, Tech's governing board approved a violence prevention policy reiterating its ban on students or employees carrying guns and prohibiting visitors from bringing them into campus facilities."
guns are not going to vanish. Let citizens legally have them.
if you dont run you dont get killed, i say if they run we chase them,its a shame they have pussified the police
Stop sticks don't cause rollovers.
The driver's evasive manuevers did, and that's nobody's fault but the dumbass who was ejected. I also think an Indiana jury would vote on this a whole lot smarter than our "give it all away" Cook County Il. juries. I don't see much of a payout in Indiana over this one.
AS A WORKING POLICE NO POLITICAL CLOUT I HAVE HAD THE OPPORTUNITY AND THE HONOR TO HANDLE MANY CHASES LUCKLY NO SERIOUS ACCIDENTS AND NO INJURY AND THE SHIRTBIRD WAS CHARGED WITH FELONY FLEEING AND ALLUDING AND HIS RIDE WAS IMPOUNDED NOW FOR THE BAD NEWS THE SPINLESS COWARDS FROM THE 11 WARD AND 19 WARD WHO RUN THIS DEPARTMENT WILL F-CK YOU OVER IN A HERARTBEAT EVEN IF YOUR RIGHT. ALL YOU NEED IS FOR ONE SHITHEAD OR CITIZEN TO GET KILL AND EVERY REVERNE AND POLITICAL HACK WILL BE AFTER YOUR NECK, MY ADVICE IF POSSIBLE TRY NOT TO CHASE BUT IF YOU DO GET INVOLVED IN ONE AND OCCURS IN MY DISTRICT I WILL BE THERE FOR YOU. STAY SAFE AND GOOD BLESS THE CPD.
don't you people get it. no one has to take responsibilty any more for their actions. thats why we have laywers. she's a victim of society and the mean police. you can thank all the laywers for this
Here is the link to original story that John Gordon responded to:
http://www.suntimes.com/news/marin/315627,CST-EDT-carol28.article
Mike Picardi and Glenn Tatara, are those the two from streets and sanitation that were responsible for towing our squad cars that were illegally parked? Seems like I recall those names from a few months ago when that was a hot buttom issue. Sound like a couple of real jag offs!
Hey Dickman you dont deserve to be a Sergeant. You are making a bigger mess on 3rd watch in 020 and we are sick and tired of your nonsense. You will be watched and logged on a daily basis. You now have a ledger with your name on it.
We will compile all we need to get you launched. PLEASE LEAVE!
Stop acting like a damn baby and grow up. Go to iad where idiots like you belong. You dont know what your doing and mess up 9.9 out of 10 jobs you ride on. Morale is in the crapper already without you adding to it.
Stop now and pull your head out of your ars before you make us stop bringing in the numbers all together completely. You will be the reason the Captain wont get her numbers. Sorry Captain, we like you and you are very fair. But we are fed up with Dickman.
Got to agree with the above. That guy is a total tool. knows nothing about the job. perfect example of crappy merit promotions!
The blacksburg massacre said...
On the campus of the Virginia Tech Hokies, the death count is now at thirty-two...
WHY???
4/16/2007 01:44:00 PM
Because responsible gun owning students are not allowed to carry a gun to defend themselves on campus. Off camopus they can have all the guns they want. The fuzzy headed anti gun academics are anti American.
We will compile all we need to get you launched. PLEASE LEAVE!
4/16/2007 11:02:00 AM
Who the fuck do you think you are? Do you really think that you, a whiney, cry baby, bitch, can get someone dumped from a district? Maybe you better stop drinking or smoking that wacky weed and face reality you pitiful child.
There are lots of bad bosses. If this guy is so bad- according to your childish screed- do you, a pathetic, lowly, probably less than one year PO think that you and your wittle pals can get him dumped?
Maybe, if you wanted to be the reallllllllllllll police, you would bid out of Mayberry RFD and go to a working district. Learn how the job is really run.
So the assholes who put us in those unsafe Impalas are the same people that are now responsible for towing our squad cars if they are illegally parked?
9:53am--say it isn't true!
Anonymous said...
http://mfile.akamai.com/12948/wmv/vod.ibsys.com/2006/0728/9591734.300k.asx
This is the San Francisco
Police Chief.
I nominate him for the top job here
4/16/2007 01:52:00 PM
##################################
He is not the SF Police Chief, he is the head of their union!
Donohue you should be ashamed.
The U S Supreme Court ruled Unanimously in this case--
County of Sacramento vs. Lewis, 96-1337
Police are NOT at fault.
Just these Fuckin Lawyers--want $$$
Maybe need to start sueing lawyers and their firms when they screw up, working or in their "off" hours. Let them see what it is like, to be held responsible 24/7/365 for their actions. They are WRONG 50% of the time they go into court, as one side has to loose. So when you loose --SUE THE LAWYER & Law Firm
It was the "assholes" fault for fleeing and flipping the SUV!
I wish I could get on that Jury on the lawsuit.
I would hold out for months in favor of the Police and this bitch does NOT get a penny!
scc
Would you please tell me the safe way to stop a fleeing vehicle using another vehicle?? Espcially in an urban area
Thanks Retired PO
Anonymous said...
THE MOST EFFECTIVE WAY TO CHASE IS TO NOT CHASE AT ALL YOU WILL END UP KEEPING YOUR JOB AND HOUSE
4/15/2007 11:59:00 PM
Maybe you should just quit now. What next, do not leave the station because you might lose your job and precious raised ranch? Stuff happens. You either do what you have to do or go flip burgers somewhere, if you are even qualified for that.
4/16/2007 01:56:00 PM
Written like a true 23 year old!
If you put your ego and catching some savage who just pulled a gun on some other idiot above your family and livelihood, YOU SIR OR MADAM ARE AN IDIOT! You are an employee of the Police Department not a mercenary, the rules are spelled out very clearly. Do what you are paid to do, cowboy. My kids eating is much more important than a bullshit pinch.
19p and a tow
4/16/2007 01:56:00 PM
Written like a true 23 year old!
If you put your ego and catching some savage who just pulled a gun on some other idiot above your family and livelihood, YOU SIR OR MADAM ARE AN IDIOT! You are an employee of the Police Department not a mercenary, the rules are spelled out very clearly. Do what you are paid to do, cowboy. My kids eating is much more important than a bullshit pinch.
4/16/2007 11:08:00 PM
Your kids are being raised by a pussy
To the pussy raising feeding his kids by not doing his job...........Just go on well fare turn in your badge, and ID card for a LINK card. essentially you'll be teaching your kids the same values.
Looks like a nerve was struck with...FRD (FED) up with poopie pants. Did my time hot rod, hung up the gel and gloves to relax for a couple more years. And then im off to Arkansas. Are you a friend of the infamous Dick man? We didnt think he had any.
4/16/2007 11:08:00 PM
U are probably some dog ass that sits in the station right out of roll call being held down on "paper" for 2 hours. If we had people/bosses on this job that had a set of nuts (unlike yourself) then we would have rules and laws that lay the liability on the fleeing vehicle. A state even as liberal as California has penal code that puts the fleeing vehicle at fault for anything that happens. I like getting into my chases when they happen then I hear a ball-less sgt get on the air and terminate it. So keep on 19P'ing jobs and keep on writing your parkers for Richie Daley.
-Coming from a non 23 year old, more like 50.
scc
Would you please tell me the safe way to stop a fleeing vehicle using another vehicle?? Espcially in an urban area
Thanks Retired PO
4/16/2007 10:05:00 PM
How about we get to shoot the driver. When you run, you admit guilt.
scc
Would you please tell me the safe way to stop a fleeing vehicle using another vehicle?? Espcially in an urban area
Thanks Retired PO
Sure. The safest way is for some still-in-development super secret ray gun that fries the innards of the computer chips that keep most modern cars running without causing cancer to anyone else caught in the blast path. Of course, these wouldn't work on the old beater cars you still find here and there. And who knows if the bad guys will find a way to shield their car's brain boxes.
There isn't really a 100% safe way to stop a vehicle in an urban enviornment - fact of life. We've stated that we are advocates of the chase. To have a no chase policy needlessly emboldens the criminal element. But under current law, the chase consequences are on the chaser, not the chased. And we'd rather coppers kept their jobs and houses and money.
It is the police fault again as always! Never the offenders fault! Of course the bad police tried to stop an offender!
Dickman went in to 020 on his day off to cry about all the things that bother him. What a spinless no balls thing to do. Captain,... ######## is not agreeing with me NA NA NA boo boo. We have no problem with rules and bosses except for him. Try confronting people like a boss/human being. But you cant do that because your one sided and everything has to be your way. Let the games begin.
# 1 - You are not supposed to drive off the road to avoid the 'Stop Sticks'.
# 2 - You are supposed to WEAR YOUR SEATBELT which would have kept her in the vehicle AND ALIVE.
The answer: FUCK HER - - Next case your honor . .
Got to agree with the above. That guy is a total tool. knows nothing about the job. perfect example of crappy merit promotions!
he's a major tool, but not meritorious...
I would hold out for months in favor of the Police and this bitch does NOT get a penny!
In a civil case it's takes a majority of the jury, not unanimous.
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