Crime victims leave behind families who fear
that their loved ones will be forgotten.
For decades and even today, innocent people killed in police
pursuits are considered "collateral damage." Families of
pursuit victims don't even have a chance to fear that their loved ones
will be forgotten because they quickly learn that their children,
siblings, parents, grandparents are the "lost crime
victims."
Law enforcement doesn't want to claim them because that means they
would have to take some responsibility for the mounting deaths and
injuries. They seem to wish the victims would just disappear, and too
often they do! Victims of pursuits disappear from state-mandated
reports since many chases ending in crashes are not classified as
"pursuit-related" if the crash occurred after a pursuit is
terminated.
Law enforcement admits the national figure, 386 deaths in 2002, may
be too low. The National Highway Traffic Safety Administration reports
California leads the nation with more than 100 people killed in 2001
and 2002.
This figure includes four dead in a Stockton school zone. A mother
was picking up her two daughters and a friend when a suspected car
thief fleeing police crashed into the mother's car.
As if a loved one's death weren't bad enough, families share
stories of how law enforcement and even politicians respond with
silence, an effective weapon because it refuses to engage the issues.
California courts are useless since our state grants blanket immunity
to law enforcement agencies even if officers fail to follow their
policy. Cases don't even get to discovery and are summarily dismissed,
just like the victims.
Because some believe pursuits are needed for property crimes and
traffic violations, Senate Bill 1403, also known as Kristie's Law, and
Sen. Sam Aanestad, R-Grass Valley, the bill's author, have faced
criticism and political reprisal from law enforcement.
Because of the courage of Aanestad and other legislators who place
saving lives above law enforcement's coveted endorsement for
re-election, one thing is certain. Victims of unnecessary police
pursuits will not disappear as easily as they have in the past.
Not so certain is whether California law enforcement will look for
more sophisticated ways to catch fleeing suspects. Departments in
Boston, Memphis, Florida, Illinois, Georgia, among many others, have
restrictive pursuit policies like the one proposed in SB1403, and they
work.
Some California agencies have implemented similar policies with the
same positive results, but Sen. Aanestad says, "We need this bill
to get everyone on board; we need accountability."
The Supreme Court in Tennessee v. Garner established a model for
accountability that prevents officers from shooting a nondangerous
fleeing felon.
Despite arguments to the contrary -- the same ones being lodged
against the immunity issue in SB1403 -- the safer firearm policy did
not hamper the police or burden the courts. No one should expect
anything less from this legislation if officers follow their stated
policy.
People who flee don't care about our safety; so protecting the
innocent falls on law enforcement. California usually leads the nation
with innovative ways to police; but while changes are being made
across the country, California is still suffering with outdated and
dangerous pursuit policies.
Police Chief Steven Jones of Florida talks about his changes:
"When we quit chasing stolen vehicles, our arrest and recovery
rate went way up because we thought 'out of the box.' No more chases,
no damaged cars, no injuries and no deaths!"
At a California Crime Victims' dinner, Orange County Sheriff
Michael Carona said, "Law enforcement collaborates on finding
solutions to problems."
One wonders when law enforcement will follow through with the
commitment they made during a Senate Judiciary hearing to collaborate
with Sen. Aanestad and make Kristie's Law the means to prevent a new
generation of innocent victims of pursuits.
Remember, fleeing suspects don't care; that's why we are counting
on law enforcement because when it comes to police pursuits, two
wrongs don't make it right. They make it deadly.
-- Candy Merchant Priano, of Chico, is the mother of police pursuit
victim Kristina "Kristie" Priano, 15, an honor student,
athlete and community volunteer who attended Champion Christian School
in Chico. Kristie died Jan. 28, 2002, seven days after a vehicle in a
high-speed pursuit crashed into her family's van. That car was driven
by another 15-year-old who had driven off with her mother's vehicle.
The pursuit occurred at night in a residential neighborhood with
multiple intersections. The officers made no attempt to stop the
pursuit when it became obvious that it was more dangerous to the
public than the fleeing suspect's crime. Priano is contemplating
writing a book titled Pursuing Justice.
