This case involves two women who robbed a high-end clothing store on the main avenue of a small town. They went into the dressing rooms with large purses and filled the bags with over $1,000 of merchandise. As the women ran out of the store and to their car, they engaged the store’s alarms. The police engaged in a chase, pursuing the suspects down the highway and into a residential neighborhood. The women were driving in excess of 80 mph until they were T-boned by a police vehicle. The impact from the crash propelled the vehicle into a homeowner’s yard killing both of the women. The estate of the deceased sought an expert in police chase protocol to determine if a high-speed pursuit, such as this one, was appropriate given the non-violent nature of the suspects’ crime. The expert was also asked to discuss if alternative methods should have been used when the chase entered a residential area.
Question(s) For Expert Witness
1. Please briefly describe your work with vehicular pursuits.
2. Do you have initial thoughts regarding the nature of this crime and the resulting chase?
Expert Witness Response E-086997
I have been a police officer for 22 years and I've served the last 13 years as a police chief. I have developed, implemented, and coordinated police officer training on emergency vehicle and pursuit training. I have reviewed numerous pursuit events in my agency for compliance with department policy and for officers actions to be aligned with policy. My initial thought is that the crime was a felony level robbery. However, there was no weapon or use of force involved. Even though the event is a felony, I would ask, 'Is the crime worth pursuit through alleys, side streets, and residential areas when the defendants' vehicle has been identified?'. At least with the provided information, I don't feel the crash itself was intentional. However, crashes are tragic results of pursuits. Again, the risk versus the need to catch the suspects needs to be taken into consideration. Finally, I would have to look at the officers training in pursuit and pursuit management.
About the author
John Lomicky
John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.
