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No pursuit probe planned
| Monday, Apr 10 2006 11:05 PM
Last Updated: Monday, Apr 10 2006 11:09 PM
Bakersfield's police chief said Monday the department won't formally investigate whether officers appropriately followed pursuit policies last Friday, when a high-speed chase led to the death of a 17-year-old girl and seriously injured a toddler -- both uninvolved.
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Nor will the department examine existing policy in the wake of the fatal chase, said Chief Bill Rector of the Bakersfield Police Department.
The department's 11-page policy outlining emergency response and pursuit guidelines says public safety, along with the officer's, "must be the primary concern."
It also says officers "should weigh the seriousness of the violator's suspected crime against the potential of death or injury if the chase is continued."
Officers launched a high-speed chase for a stolen Suburban around 5:15 p.m. in east Bakersfield last Friday. Less than two minutes later, the effort ended when the Suburban crashed head-on into a Geo Prism headed the opposite direction. The lead patrol car also struck the passenger car.
Lisa A. Rosas, a senior at Foothill High School, was killed at the scene. Her 2-year-old niece, Katrina Martinez, whom she was babysitting, remains at Children's Hospital Central California in Madera. Relatives say the toddler remains sedated in the intensive care unit and have been told she may never walk due to spinal cord damage.
Rector and Assistant Chief Bryan Lynn, in an hour-long interview Monday afternoon, said the fatal crash will undergo the same review any accident would -- but nothing more.
"There is no formal process (or) board that is convened to review those," Lynn said of the department's protocol for pursuits.
Eva Zepeda, Rosas' second cousin who is speaking on behalf of the family, said family members are upset by the department's seemingly callous response to the teen's death.
"They don't have no remorse -- it's awful," Zepeda said. "They want to blame it on the guy."
The family has retained Bakersfield attorney Daniel Rodriguez to pursue possible legal action, Zepeda said.
Candy Priano, a Chico resident turned pursuit-activist after the death of her daughter, Kristie, in 2002, said California needs a law requiring independent review of chases that result in injury or death.
Families of innocent victims "have a right to know if policy was followed or not," Priano said.
The California Highway Patrol is investigating the crash, as it would any accident on a county roadway.
Sgt. Patti Mackey of the highway patrol said the investigation does not include scrutiny of police pursuit policies or whether they were followed.
However, Mackey added, the investigation will determine who was at fault.
Rector and Lynn said the police department will also write an accident report, as they would for any officer-involved crash from a fender-bender on up. The department also submits a pursuit report to the California Highway Patrol.
Prior to the crash, patrol units were chasing the stolen Suburban north on Fairfax Road at speeds of up to 85 mph or 90 mph, witnesses said.
Officers knew guns belonging to the Suburban's owner were in the vehicle. They did not know whether the suspect was aware of the guns, which were kept in a locking vault. Nor did they know whether the guns were loaded. (They were not, Lynn said.)
At the time of the chase, officers did not know the suspect, Thomas Holt, was on parole, intoxicated or suspected of gang involvement.
The policy says officers should make "no assumptions" about fleeing suspects. "Both felons and misdemeanants flee," it says.
The chase was conducted entirely on county roads. Policy indicates an officer's familiarity with the area should be considered when deciding whether to end a pursuit.
Neither Rector nor Lynn knew how familiar the police officers were with the county road.
The policy also says any time an officer turns on flashing lights and a siren, he or she "must also be aware that extremely high speeds are rarely justifiable in municipal areas ... because of the potential hazards to the officer and the general public."
"Nobody wanted to see this lady die," Rector said of the incident. "And if that person driving that stolen car would have pulled over and stopped, and not pulled into traffic to hit her, again: We wouldn't be sitting here talking."
The family has set up a memorial fund to help with funeral expenses at Washington Mutual, Zepeda, the family spokeswoman, said. Donors can go to any branch to contribute to the Lisa Rosas account.
Funeral and viewing arrangements, some of which will be open to the public, are being handled by Basham Funeral Care.