Send me a 2010 blue infinitity. >> Give me a hard top convertible. [music] All unitly [music] now coming to >> in January 2020 received information about a stolen vehicle travel under jurisdiction. The vehicle a blue 2010 Infinity G37 hardtop confirmed bearing Illinois license plate Echo Indian 73 had been reported stolen from K County, Illinois where it was connected to a series of residential burglaries. Intelligence suggested the vehicle's occupants might be armed. When officers attempted traffic stop, the driver continued to yield, initiating a high-speed pursuit that would span multiple counties, reach speeds exceeding 150 mph, and ultimately result in a violent collision with an innocent civilian vehicle occupied by a mother and her six-month old. >> That vehicle is going to be at the Wley exit. It stopped right behind it. >> Way to at least get two units behind him before we line him up, please. >> This footage obtained through the Arkansas Freedom of Information Act raises critical questions about the risks and justifications of highspeed vehicle pursuits. When does the danger to the public from the fleeing suspect outweigh the danger created by the pursuit itself? At what point does the need to apprehend become secondary to the duty to protect? The answers are complex and the law provides guidance that may surprise you. >> We entered into NCIC information about the suspect. Officers are advised that the Infinity G37 with Illinois plates has been flagged in the National Crime Information Center database as a stolen vehicle. Critically, there is intelligence suggesting the possibility of firearms in the vehicle. >> Approaching the two lane. >> Under Arkansas law, officers have to initiate a traffic stop based on this information. The reasonable suspicion of a stolen vehicle combined with its connection to a felony theft investigation provides more than sufficient legal justification for stop. What happens next will determine whether the pursuit remains legally justified as circumstances evolve. Notice the moment the suspect vehicle fails to stop. This decision by the driver transforms what would have been a routine felony stop into a dangerous pursuit. The moment the emergency lights activate and the driver accelerates and instead of stopping, the driver commits the criminal offense of felony fleeing under Arkansas Code section 554125. 144 on the possibility for guns made in our >> Arkansas law is particularly strict for PS even if the driver is ultimately found innocent of the original suspected crime. In this case, the act of fleeing itself constitutes a separate class A misdemeanor. However, as we see, the manner in which this driver felt will elevate the charge to a class C felony and carrying of 3 to 10 years. Officers immediately notify, dispatch, and request additional units. Standard pursuit protocol requires supervisor notification risk assessment and coordination between multiple units. Notice the professional measure communication between officers despite the escalating situation. As the pursuit enters, the interstate speeds begin to turn around. The pursuit officers must now continuously assess theation pursuit of the Graham versus Connor established by Supreme Court in 1989. Graham holds that reasonable force. A high speed pursuit is a use of force must be judged from the perspective of a reasonable officer on scene. Not with Sir traffic speeds are 80 right now. As you can get it first again city 32 This one. The court established three factors. The severity of the crime, whether the suspect poses an immediate threat to others, and whether the suspect is actively resisting or attempting to arrest. Let's apply these factors to this pursuit. Factor one, severity of crime. We have felony theft, serious offenses, vital intelligence suggesting possible firearms connection to multiple burgers. This is not a minor traffic violation. >> Under this analysis, is likely justified at this stage. However, the analysis must be known, but the circumstances change. We're at 21130. Speeds have now exceeded 140 mph. At this velocity, the stopping distance exceeds the length of three football fields. A tire blowout at this speed would be catastrophic. Any extended any minor obstacle will be listen carefully to the radio communications. The officers are discussing whether to orate pursuit. This is exactly what Arkansas State Police's policy requires continuous risk assessment. Notice the phrase if we can slow down if we back off. This indicates officers are considered using distance and tactics rather than maintain close pursuit at these extreme speeds. From a tactical standpoint, there are several alternatives to a high speed pursuit that modern law enforcement has been. First, aerial surveillance. Use a helicopter to track from above while grounding back, reducing immediate pressure and hopefully reducing the suspect's speed. Second, spike strips or stop sticks to disable the vehicle. Third, GPS tracking devices that can be deployed to tag the vehicle. simply obtained a license plate ending the pursuit and the suspect later at another address. The real question are these available to these officers at this point. The radio traffic and teams are being made to coordinate spike strip. But does that justify continuation at 150 mph through traffic? We now arrive at a critical juncture in the pursuit analysis. Traffic density has increased significantly. Every vehicle on this highway exhibited drill. Every driver making a routine lane change, checking their mirrors for normal traffic, is completely unprepared for a vehicle approaching twice as a civil liability standpoint. This is where pursuit lawsuit is typically focused. The question asked for will be, did the danger to the public created by the pursuit exceed the danger posed by our suspect? The leading case on this issue is Scott versus Harris decided by the Supreme Court in June 2007. In that case, a fleeing driver was paralyzed and an officer hit a precision immobilization technique at high speed. The court watched the video as we do now and held that the officer's actions were reasonable because the field driver posed an actual and imminent threat to the lives of any pedestrians who might be present to other civilian motorists and to the officers involved in the chase. The court emphasized that the facts in the light depicted by the video. So let us do the same. What is the suspect dropping at extreme speed innocent level to chase thereby whale whale? Professional law enforcement training emphasizes coordination over individual action in high-risisk pursuits. Notice how multiple units are communicating their positions. This is textbook pursuit management. Officers are not simply chasing. They are attempting to coordinate a containment strategy. Guys, when it gets close to it, you know, back off just a little bit. kilo. >> Radio traffic indicates strips, also called stop sticks, are being deployed ahead of the suspect. This is exactly the deescalation tactic that policy requires. Spike strips and puncture tires forcing a mechanical stop rather than requiring the officer to cause a collision. It's a less dangerous alternative to random pushing. However, there's a critical problem. The suspect was actually driving over the road >> at these speeds. >> County traffic. He's in the left lane with his lights off at the moment. >> From a tactical standpoint, officers are now facing the worst case scenario in pursuit of extreme speed, [music] dense traffic, limited tactical options, and a suspect who has demonstrated complete disrepair by continuing to flee under these conditions. The suspect's own actions have been closed and the safest option stop right now should be left going across the river bridge. Left lane going across top river bridge back over to the right lane. 31 close contact shouldn't run. >> Departmental policies typically require a supervisor to authorize continuation of pursuits at these meetings. The presence of multiple agencies notice the mention of Jacksonville Sheriff's Office suggest that supervisor oversight is present and coordination is occurring at a command level. >> We're seeing an update on our location, please. resident. >> The spike strip deployment has not stopped. This could indicate several things. The strips were not placed in time. The suspect will report. >> At this point in the pursuit, we must address the most difficult question in pursuit. Pursuit to protect public safety, even if it means the suspect escapes. The case of County of Sacramento versus Lewis decided in 1998 provides the legal framework. In that case, a high-speed chase resulted in the death of an innocent passenger on a fleeing motorcycle. The Supreme Court held that for a substantive due process violation to occur, officer conduct must shock the conscience. The court acknowledged that split-second decisions in pursuit situations are incredibly difficult and that only conduct intended to cause harm unrelated to legitimate law enforcement objectives violates the constitution. >> 37, you still rolling? >> Still rolling. fact that they're now going slow enough to applying this standard officers in pursuit are given substantial leeway. The question is not whether in hindsight termination would have been wiser. The question is whether the officer's decision to continue pursuit is so unreasonable that it shocks the conscience, meaning it demonstrated deliberate indifference to known risks without any legitimate law enforcement justification. Here, officers have a legitimate law enforcement objective apprehending a suspected armed felon in a stolen vehicle or has demonstrated willingness to danger. However, the argument is that the pursuit itself is creating danger. This is the simple answer. Different jurisdictions have different policies. The pursuit has now continued for more than 15 minutes. At these speeds, the vehicles have traveled more than 35 m. Multiple jurisdictions have been crossed. Countless civilian vehicles have been endangered. From the officer's perspective visible on this body cam, there is no indication that the suspect intends to stop. Every moment of continued flight reinforces the assessment that this is a dangerous individual who will not be deterred by police presence alone. Every near mission vehicle demonstrates the ongoing threat. But from a public safety perspective, every second of continued pursuit adds to the statistical probability of exactly what is about to happen. A collision involving gun this time. I don't know four guys 149 good speed. Uh let's um stay with it just a little bit. If we can't get in a position where he slows down, right, back off at this speed. >> According to data from the National Highway Traffic Safety Administration, police pursuits are the result of approximately 30 deaths per year in the United States. Approximately 30,000 are innocent by people who had no connection to the road, no knowledge of the pursuit, and no ability to protect. This creates an impossible calculation for officers in real time casualties additional crimes. There are additional victims later on frequency now. >> Troop is listening in our frequency now. What units do I have for 85 is about 168 or 169 58 57 very close 31 37 what's your flame 190 mile. What's your stage in traffic condition or terminate a risk that the armed suspect will commit additional crimes or harm additional victims later. There is no prospect. What happens next? crystallized this dilemma in the most tragic way possible. At approximately 16 minutes and 30 seconds into the pursuit, traveling westbound at over 120 mph, the suspect's vehicle struck a civilian vehicle in the right lane. That vehicle was occupied by a 27year-old mother and their six-month old infant daughter. They were not fully released. They were not committing any crime. them simply driving on a public highway entitled to the assumption that all drivers are on them will obey traffic laws and drive safely. In one split second, the suspect's decision to flee and the decision to continue pursuing results in the exact tragedy that pursue policies existing with. What you are about to see may be disturbing. Viewer discretion is advised. >> We're taking the track now. Why are you driving with B46? There's one more involved. to emergency response. Notice the first question. Is there any more kids in here? Despite having just been involved in a high-speed pursuit that ended in this collision, the officer's training and instincts prioritized checking for additional victims and rendering aid. Radio traffic indicates both victims are alive but injured. The infant only 6 months old is reported to be coughing up blood and indication of serious internal injuries. The mother is also injured but conscious. Emergency medical services are immediately dispatched and officers work to stabilize the scene. Meanwhile, the suspect has fled on foot from his crashed vehicle. This raises an additional legal issue having caused the crash and the injuries. Does the suspect's continued flight justify pursuing him on foot or should officers remain at the scene to render aid? The answer under law and policy is that different officers can perform different functions. Some officers remain to provide medical assistance and secure the crash scene. other officers can pursue the fleeing suspect. This is exactly what we see happening here. The multi- agency response means there are sufficient officers to do both. From a criminal liability standpoint, the suspect is now facing significantly enhanced charges. The original felony fleeing charge has been elevated under Arkansas Code section 554125 subsection C, which makes fleeing a class C felony if the person causes serious physical injury to another person. With an infant reported coughing blood, serious physical injury is clearly established. The suspect is now looking at 3 to 10 years in prison for the flea charge alone in addition to the stolen vehicle charge, aggravated assault charges for both victims, and potentially additional charges related to the injuries caused. While officers remain at the crash scene, tending to the victim's additional units pursue the suspect on foot. He has fled into a wooded area near the crash site, likely attempting to escape on foot since his vehicle is disabled. 57. You can head back 55 and I'll get it. Give me a pocket now. Coming to you. What's up? Somebody shine a light in here. >> We got to get >> got my flashlight out of that back seat. Just a second. >> Is there any more kids in here? Huh? Okay. where I GET UP. >> Get your his hand behind you. >> My knee, my ass. I don't care about your knee. >> I don't care about your neck. >> I'm so sorry. >> Help him. play. >> Yeah, just stay there. Don't walk through too much. It's going to be easy to go out with him this way and go to that pit like we came in. >> Yeah. Go through all this [ __ ] >> Good boy. >> I don't know who you this get this other one. >> I I told him to get a helicopter starter for that gear. >> Okay. Six months already. >> We need to shut that down. >> They got it started. >> They got one started already. >> Stand up. >> Stand up. >> He's right here. You got him. >> Yeah. >> I'm just going to knock his ass through the >> Got it. >> Stand up. Shut up. >> You get all that stupid. Okay. Stay back. >> Stay back. >> Get your ass up. >> Get your ass up. >> I'm lost. I'm >> You better get the [ __ ] up right now. You hear me? >> No, it's not. Get up. >> Your unit county. I want to go there. >> Yeah. If you can, that'd be great. >> However, we're certainly a known Four of them at the 199 or 197. What do you guys up there for traffic police? Go ahead, sir. >> I'm not sure if he's still monitor. I'm work the crash. Their unit coming to work. It was in Phillips County. So, I'm a lot closer. 31 or 37. Do we have any lanes shut down? >> There it goes. That lane was shut down. Is there a helicopter run away? >> 5573. Is there anything you need to get started doing for you? >> You want us to do anything? >> Yeah. Officer the suspect atrox helicop. during the fall officers being 196. We do have a helicopter on Greg. The suspect is taken into custody without further intent. He will be transported to jail, looked under multiple federal charges and held without pending. The crash scene remains active with multiple agencies investigating. The civilian victims are being transported to the house by ambulance. What began as a report of stolen has resulted in serious injuries to victims and officer injury hundreds of thousands of dollars of property charges. The question we must now address, could this have been committed and if so? The outcome of this incident reflects both relief and tragedy. Civilian victims, mother and infant, both survived their injuries and were released from the hospital after treatment. While medical privacy laws prevent disclosure of specific injuries, the fact that both survived is a small mercy in otherwise tragic situation. The suspect was charged with multiple felonies including fleeing causing serious physical injury assault on two counts of property. According to available records, the case was processed through Arkansas courts likely and significant prison time. Specific sentencing information is not publicly available, but based on Arkansas citizen guidelines, the suspect might be between 5 and 15 years old. There's a turnaround right here, is there? Yeah, there's there's another one past Volo. It's about the 188, I believe. 187 somewhere there. It's I think the race will be right there close to where it's at in the curve for right here. I got it on that chopper. Stay advised. Due to the weather, they're unable to get one in the air. >> Boy, take the TV's going to load the mother and the child up here to the hospital. use the PD load up the six-year-old. The mother is the six-year-old. They're just going to load the baby up. Let's have a 1016 tonight. 106 in route. Should have been one in right already. They're getting on here to 193 now. 176. Yes, sir. That fire on air 193 right now 37. Let's get there, please. We're going to wait on that. Oh no. Oh no. 55. Where was that turn around? >> He's right at the 187. Whale well. Whale 137. When you get a chance, give me another one. Wow. Wow. Wow. Wow. 97 58. Go ahead, sir. 1097 44 later received accommodation from the Arkansas Police suspect. victim despite his no civil rights lawsuit appears to have been filed against the Arkansas State Police or the officers involved. This is significant as it suggests that either the victims did not pursue civil action or their attorneys determined that under the current law, particularly Scott versus Harris, the officer's actions were legally justified and by will likely apply. The Arkansas State Police conducted an internal review of the pursuit as required by policy for any pursuit resulting in civilian injury. No disciplinary action is taken against the officers involved and the pursuit is determined to be within policy guidelines. However, the case is now used as a training example within the Arkansas State Police Academy to educate officers on risk assessment during pursuits. It's time to evaluate the parts involved in this incident based on legal compliance, tactical soundness, and overall decision. As always, we standards reaction. Three parties will be evaluated. The Arkansas State Police officers involved in pursuit of suspect and the Arkansas State Police AS A PARTNER. THE ARKANSAS State Police officers involved pursuit see on the positive side. Officers demonstrated if you want to keep pulling up was excellent. Spike strip deployment showed officers were attempting less dangerous alternatives. Immediate response to the crash show appropriate prioritization of victim welfare. The foot pursuit and apprehension of the suspect were tactically sound. Officers followed department policy after written and their actions were legally justified on their current criminal specific terrorists. 465 if you don't mind lane. Shut it down for the uh ambulance pursuit at speeds exceeding the risk to benefit. Suspect's ability was unknown at the time. The story vehicle had already been recovered electronically. The primary threat was the suspect's dangerous driving, but the pursuit itself added a second dangerous vehicle to the situation. Alternatively, you already got a second radio. The grade reflects legal compliance and tackle officials, but questions about risk assessment at extreme speeds. Officers followed policy appointed danger. The suspect receives a grade of F and this requires no extended explanation. He started extremely tragedy. He endangered countless innocent lives. He caused serious injuries to a mother and her infant child who had no connection to his crimes and no ability to protect himself. He showed zero regard. He fled on demonstrated no remorse, no attempt to surrender, and no consideration for him by himself. Under Arkansas law, he is criminally liable for all injuries and damage resulting from his decision to flee. legal doctrine of approximate causation places full responsibility not on the officer's pursuit. His actions transformed what would have been a routine felony right into a situation that nearly resulted in the deaths of innocent people. There are no mitigating factors. There is no there's no What's up, man? >> Okay. >> Where's this fine upstanding person at? It's >> all yours, big daddy. What was he driving? That thing. We were pretty hot. >> Oh, yeah. We were on our way. >> Yeah, it was going to end badly. whole wheel on the shoulder >> and then he took off running. Yes, I know he was on the shoulder and then back to the left in the right lane. Look at them. >> How are they? Are they life-threatening? >> I don't think so. It's more of the kid than anything. Kid looked like she could be coughing up blood while ago. That's the reason why I lift or whatever. >> Who's working? >> Duly, you working it? Work it. I'm just going to do airbags and do a ride up on that. Go on. software. You take the box kind like a flat box on airplane. Okay. And what it does It was a little bit >> your guy okay back hurt. He was hiding under a telephone pole and we were tracking through that big [ __ ] >> and when the dog engaged and hit him, Clayton tried to brace and he slipped and fell on that pole in the ditch with the water. >> Okay. >> That's how he hurt his back cuz he was trying to crawl through that little sloo there where you're huh? No, that's not >> He's got quite a few. I'm going put this up. there. Checking out the money there, bud. How much do you had to drink? >> Yeah. I don't know how he got hurt either. >> He uh slipped down there. >> Yeah. The guy started crawling through the ditch and he slipped and fell. The haze officer slipped and fell on a pole that's in that ditch. >> How far did the bad guy? >> I don't know if I don't know. charge him aggravated on law enforcement. >> So what do you think about have 400 charges walking out of this thing your guy? Okay. >> Back. He pushed her through that guard right behind her >> and then she was standing like this. >> Right there. You can see this kid right here. I think he back there behind back there. >> There's impact here. >> Impact should be back behind. >> Well, there's a bumper right there. Right there is impact. Impact right here. >> This is where she went or this is where he went off. That's where she went off. He went He went here. She went there and hit that guard rail. He hit the He rear end. >> Yeah. Yeah. She kept going right here and came off this way. >> Troop Bay's calling you. >> Yeah. Not on the radio. >> Any day you're ready, Mr. Pedigrew. I hear you. >> Yeah. Impact's right there. She's right here. All the way up. >> What' they start chasing for? >> Uh, stole a vehicle. They were digging it. >> Okay. Stole a vehicle. He has a gun or something like that. Supposed to be assault like that. like the third one. >> The Arkansas Police Department evaluated policy and training receives a grade of C minus positive aspects. The department policy that requires risk assessment. The supervisor over officers are trained to pursue tactics and alternatives. The department conducts internal reviews of resulting in demonstrating accountability. The use of this incident as a training case study shows that to learn from negative outcomes. Multi- agency coordination was excellent suggesting and communication protocol is of concern. The pursuit policy apparently continuation review found no policy violations and other Arkansas state police data shows over 500 pursuits annually with multiple civilian deaths. This indicates a systemic issue suspects emphasizing that they will pursue you will stop you. This telephone crime stance may discourage policy that will reduce civilian casualties. But failure to adequately address the department is legally compliant but could do more to prevent civilians. That blue car, the suspect car, do you have a 28 or anything on the gives the vehicle model making year? >> It's going to be a 2010 blue Infiniti G37. >> Can you run Illinois's 28 and give me the make my year? >> Okay. Illinois Edward ID King 730. Illinois Edward ID King 7:30 2010 blue infiniti G37 >> to summarize the officers receive a C plus for legal compliance and professionalism despite questionable risk assessment the suspect receives an F for reckless disregard for human life and causing serious injuries to innocent victims. The department receives a C minus for adequate but intuitable pursuit policies. These grades reflect the complexity of high-speed pursuit law. Officers can follow policy and law yet still participate in incidents that result in civilian casualties. The law, as currently structured, provides broad protection for officers under Scott versus Harris while offering limited protection for the public endangered by pursuits. for city. I'll take care of it on my end. Needs to be a peeppole and him there at the end of that report number. If you will make contact with the highway department, let them know the end of this guard rail was taken out. >> Reform in this area is difficult because it requires balancing competing interests, public safety versus suspect apprehension. Both are legitimate law enforcement goals. Both serve the public, but sometimes they conflict, and current law generally favors apprehension over the risks posed by pursuit. This case illustrates why pursuit policy remains one of the most controversial and difficult issues in American policing. This case raises difficult questions about police pursuits, public safety, and the balance between apprehending criminals and protecting innocent civilians. The law provides some guidance, but ultimately every pursuit requires real-time judgment by officers facing impossible choices. What do you think? Should officers have terminated this pursuit given the speeds and traffic conditions, or was continuation justified given the danger posed by the fleeing suspect? Let us know your thoughts in the comments below. If you learned something from this analysis, please like this video and subscribe to our channel for more in-depth examinations of police interactions in the law. But don't forget to check out our second channel, Audit the Court, for even more police interaction and courtroom content. Thank you for watching. Stay informed, stay safe, and remember, knowing your rights and understanding the law protects everyone.