Slamming the brakes on high-speed chases

~

By Mike Wells ~ Southeast Missourian

As Cape Girardeau patrolman Daryl Ferris watched two suspected meth cooks leave the Wal-Mart parking lot Sept. 14, he expected to stop their car and make a routine arrest.

"But it just didn't turn out that way," Ferris said.

The suspected driver, Terry Lee Mayabb, 45, of East Prairie, Mo., led law enforcement on a chase topping speeds of 100 mph along Route K and Highway 25. In doing so, he became the first person to be charged in Cape Girardeau County with violating a new state law making it a felony to resist arrest by high-speed escape.

Neither Ferris, Mayabb nor any other drivers were injured in the pursuit, but the potential for tragedy existed as Mayabb passed other vehicles on the shoulders of roads and did not signal before turning, police said.

When the suspect started driving erratically, Ferris decided to slow down to give him some space.

"I've been in a few pursuits, and I hate them," he said. "They look good on television and they're fun to watch, I guess, but they're really scary to be in."

Possible deterrent

"The best thing about the new law is that it doesn't say you have to lose control of the vehicle or hurt someone to be charged," Ferris said. "It can be a good deterrent."

Though police pursuits are few in Southeast Missouri, and are declining statewide, lawmakers felt a stricter charge was necessary to give the courts a better chance to put dangerous criminals behind bars, said Cape Girardeau County Prosecuting Attorney Morley Swingle.

Without the new law in place, Mayabb would have been charged with only a misdemeanor. He now faces up to five years in prison and a $5,000 fine.

Swingle said his office will not treat the new felony charge as a bargaining tool in plea agreements.

"That does away with the whole deterrent aspect," Swingle said. "Our policy in general is that we are not going to dismiss this count to get a plea on a different count. If we file it as a felony resisting arrest, we're going to keep it that way."

Judgment on the flyWhen pursuits become intense, an officer must assess the situation and determine if the pursuit should be discontinued, Cape Girardeau police Capt. Carl Kinnison said. No rule exists that an officer must continue a chase, he said.

Before the officer decides, Kinnison said several criteria have to be considered:

Whether the original charge instigating the pursuit was a misdemeanor or felony.

Whether the suspect poses a threat to public safety if the pursuit is terminated.

Whether the suspect has a weapon and used force.

Whether it is likely the suspect can be identified later and found.

"Our policy mandates the officer consider all these things once they initiate and if they continue a pursuit," Kinnison said. "Our worst fear is that some innocent bystander is going to get hurt."

The Missouri State Highway Patrol also asks troopers to consider several factors, Sgt. Blaine Adams said.

"A lot of things come into play," Adams said. "You have to consider the amount of traffic, what the weather is like. Every situation is different. You want to be able to go home at night, too."

Cape Girardeau police officers have taken part in 13 pursuits since January, most lasting no more than a few blocks to a mile, Kinnison said.

Fewer pursuits have typified a statewide trend. The Missouri State Highway Patrol witnessed a decline in pursuits since 1998, said Lt. Tim Hull. The totals decreased from 321 pursuits in 2000 to 290 in 2001. Troopers in the Southeast Missouri region's Troop E took part in 12.4 percent of last year's pursuits. Most of the patrol's chases took place in Troop A's region around Kansas City, which had 27.6 percent of the total.

Hull credits tire-deflation strips, in regular use by the patrol since 1998, with helping to stop suspects from fleeing. The strips are designed to safely puncture all four tires and make the vehicle come to a slow stop.

The patrol's average pursuit last year covered eight miles and lasted eight minutes. Half occurred between 9 p.m. and 3 a.m.

Seventy-four percent of the pursuits were intimated because a suspect committed a traffic violation. Most suspects -- 59 percent --were not immediately apprehended after a pursuit, and 23 percent were not apprehended at all.

Overall, 23.8 percent of the patrol's pursuits in 2001 were discontinued for safety reasons. No third-party motorists or bystanders were killed last year, but an officer from another law enforcement agency was killed while assisting the patrol, Hull said.

Police officers do not receive a great deal of defensive driving training, Ferris said.

"We weren't taught vehicle-to-vehicle driving tips," he said. "We were taught techniques on braking and making sharp turns without wrecking."

Highway patrol troopers have five days in an emergency vehicle operations course as part of their academy training, Adams said. Troopers complete mock pursuits, drive through a wet "skid pan" and learn to master banked roads.

Second thoughtsSince the law only went into effect last month, it may be too soon to tell whether it will have its desired effect on curbing dangerous chases. But Swingle said what happened to Mayabb should make it clear to offenders what the consequences will be if they run recklessly and endanger others.

"If it gets well-publicized that fleeing an officer is going to be a felony, maybe some people will think twice about it," Swingle said.

Adams agreed getting the word out about the consequences will help save lives.

"I think this will help," Adams said. "If a suspect is has committed a minor offense they might figure, 'Why run and get a felony?' It will have a positive effect for all of us."

mwells@semissourian.com

335-6611, extension 160