SAN DIEGO (KGTV) — Police pursuits are a difficult balancing act between law enforcement and safety. As Team 10 senior investigator Jim Avila reports, Monday evening's deadly crash happened amid recent calls for change of police pursuit policies.
There is still a lot we don't know. Was driving erratically the only offense by this driver before he sped away from a pursuing officer?
It's a key question as the San Diego Police Department examines its own policy on when a hot pursuit is warranted.
The pursuit started less than a mile from where it would end in death and destruction. The driver of a 4-door, silver BMW drove erratically, but things escalated quickly: He did not stop when the trailing police officer turned on his lights.
Instead, he sped off into the night.
It was a short, but hot pursuit — less than 40 seconds — reaching speeds of 90 miles per hour. The tension was easily heard on the radio call.
“Vehicle is failing to yield. Silver, 4-door vehicle. Speeds are in excess of 90 mph," an officer reported to dispatch.
"Reason for stop?" The dispatcher asked.
"Vehicle almost crashed into… Holy," the officer said.
A sergeant then told officers to terminate the pursuit.
"Traffic accident — 5200 Clairemont Mesa Boulevard — there are flames," an officer reported on their radio. "One stuck in the vehicle."
Another officer could be heard telling those about to respond to the scene to grab their fire extinguishers as they get out of their cars.
The supervising sergeant called for the pursuit to be terminated a second or two too late. This pursuit that may lead to more questions about SDPD's pursuit policy.
Just last month, after hearing from relatives of two boys killed in a police pursuit crash that led to their fiery deaths, the Commission on Police Practices “strongly recommended” SDPD only engage in vehicle pursuits for incidents that arose from a violent crime.
- RELATED: Citizen-led oversight board to make recommendations to San Diego Police's vehicle pursuit policy
The commission also emphasized that pursuits should only be initiated for extremely serious allegations involving life-or-death situations. That way, safety would be prioritized for all parties involved, minimizing risks for everyone.
The commission stated clearly in its recommendations that a “failure to yield” is not a reason to pursue the fleeing vehicle.
These are only recommendations; the commission does not have authority to order the department to change policy,
"We can recommend changes to the chief of police — he can take it or leave it," San Diego Mayor Todd Gloria, who is the chair of the commission, said at the time.
In fact, current SDPD policy directly conflicts with the oversight board's recommendations. It states this:
"An officer may initiate a pursuit when a vehicle fails to yield to a police vehicle operating with emergency lights and siren activated."
The commission's report on pursuits says it examined 17 policies from across the state and seven nationwide. Each, including Chula Vista's, have much stricter rules about when an officer should engage in a high-speed chase.
