Chaffee served with second lawsuit over high-speed chase

CHAFFEE, Mo. -- A second lawsuit filed against the city of Chaffee and police officer James Backfisch seeks damages for the death of a Delta woman involved in a fatal crash during a police pursuit in September.

The lawsuit was filed on behalf of the children of Debra Johnson of Delta. She and driver Garrett K. Williams of Allenville were killed when their vehicle overturned. Johnson's three children -- Destiny Johnson, Freddy J. Johnson and Williams Lee Johnson -- all of Delta, are plaintiffs in the suit, They are represented by Cape Girardeau attorneys David Mark Remley and Daniel A. Statler.

Remley was unavailable for comment Monday. Statler declined to comment on the case but furnished a copy of the filing. The plaintiffs contend the city of Chaffee and Backfisch caused Debra Johnson's death by continuing a dangerous high-speed pursuit after the suspects in the car had been identified. The plaintiffs also say Backfisch violated the police department's policy by continuing the pursuit.

The fatal crash occurred Sept. 23 when Backfisch pursued a car driven by Williams following a traffic violation inside the Chaffee city limits. The pursuit continued outside the city limits for about 28 miles, reaching speeds in excess of 100 mph on gravel roads and rural highways. The pursuit ended when Williams' car overturned on Route U in Cape Girardeau County.

The chase was investigated by the Scott County Sheriff's Department, which found that Backfisch properly followed guidelines laid out by the city of Chaffee and state statute, sheriff's department Maj. Tom Beardslee said in January. However, the wrongful death suit claims Backfisch did violate "policies and procedures of the city of Chaffee regarding the initiation, continuation and termination of high-speed pursuit."

Two of the four people involved in the crash or their families have now filed suits seeking damages against the city. The first to file was Betina Ott of Chaffee, a passenger in the car. Remley filed a lawsuit on Ott's behalf in December seeking damages for injuries sustained in the crash.

So far the families of Daniel L. Moore of Chaffee, who suffered head trauma during the crash, and Williams have not taken legal action against the city.

Moore's uncle, Roger Moore, said his nephew has shown slight improvement since the crash and is somewhat responsive. Doctors have said he'll never fully recover from his injuries, Roger Moore said.

The Southeast Missourian was unable to reach the families of Ott and Williams Monday.

St. Louis lawyer Keith Henson is representing the city in the cases. Calls to Henson were not returned Monday. Chaffee Mayor Tom Cunningham declined to comment on advice from Henson. Chaffee police chief Martin Keys also did not return calls Monday.

The second lawsuit against the city and a Chaffee policeman comes a week after former Chaffee policeman Daniel Ayers was arrested and charged with four counts of patronizing prostitution for allegedly giving money and cigarettes to two Chaffee women in exchange for stripping and sex acts.

Ayers held a news conference Thursday at which some of his supporters verbally attacked the police department's handling of the fatal police chase. Ayers' father, Jimmy Ayers, questioned why Backfisch was not fired from the department following the incident.

Hope Huey, a candidate for mayor in the upcoming April election, also attended the Thursday news conference supporting Ayers. Huey said Monday that Backfisch should have been fired as well if Ayers was let go for a crime of which he has only been accused.

A case review for the wrongful death lawsuit is scheduled for 9 a.m. May 21 in front of Circuit Judge Ben Lewis.

msanders@semissourian.com

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