Trial Attorney Blog
We read last week about another tragic ending to a police chase case in Atlanta on January 15, 2009. Unlike many other such matters where the death is not worth it from a societal standpoint, this case appears to be an example where the dangers to the public caused by the police chase were warranted under the unique circumstances involved.
Apparently, the police were chasing two men in connection with armed robberies which had occurred near Roswell, Georgia. In one of these robberies, the perpetrators had pistol whipped one of the victims. The other armed robbery also involved aggravated assault. Thus, on this particular occasion, the police were chasing dangerous felons in possession of firearms. Unfortunately, during the chase, the suspects’ car overturned and a juvenile in the backseat was killed. It is not known whether the juvenile was involved in the robberies or was simply in the vehicle by happenstance or through relation to one of the suspects.
In many cases, the dangers to the public presented by a police chase case outweigh the need to apprehend the suspect. It makes little or no sense to pursue a suspect at high speeds in urban areas for a missing taillight or minor traffic offense. When the police are chasing a minor offender when they could inflict serious injury or death on an innocent member of the motoring public, it is hard to justify a dangerous chase. In this case, however, the police were trying to apprehend dangerous felons in possession of firearms who had terrorized other members of the public. In this situation, the police were fully authorized under proper police procedure to attempt to apprehend these suspects notwithstanding the dangers to the public caused by the chase. This, of course, is far different from the cases we have been involved in where we are representing innocent victims killed during a chase where the police are chasing the perpetrators for non-violent minor offenses. In the latter case where the chase itself is much more dangerous to the public than in the suspect being chased, the chase can hardly be justified. In this tragic occurrence which occurred here in Atlanta on January 15, 2009, it appears from the public accounts of this incident that the police were observing proper police procedure and that they were fully justified in attempting to apprehend these dangerous felons. We have no problem whatsoever with such activity because it is in compliance with proper police procedure. Indeed, one of the reasons that we continue to monitor these police chase cases is to stand up for the right of the law enforcement community to engage in police chases where the need to apprehend is great and the need to expose the public to the dangers of the chase is fully justified by the aggravated circumstances involved.
Finch McCranie, LLP will continue to represent innocent victims killed during police chase cases where there has been a reckless disregard of proper police procedure. If you or
loved one is affected by a police chase case, please call our toll free number 1-800-228-9159.