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7:32 p.m. • 2-10-12

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Family sues cop, suspect's estate in chase crash that killed sisters


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Linsay and Maggie Lunsford
Linsay and Maggie Lunsford

The family of two Granville County girls killed in a December police chase has filed a lawsuit against the Franklinton police officer involved and the estate of the suspect he was chasing.

The complaint, filed last Wednesday by Clinton and Mary Ann Lunsford, claims gross negligence on the part of Officer Michael Dunlap, as well as Franklinton Police Lt. John Green, Chief Ray Gilliam and the town of Franklinton.

The Lunsfords' daughters, Linsay, 18, and Maggie, 9, died Dec. 1, after Guy Christopher Ayscue fled from Dunlap and crashed his car head-on into theirs, the North Carolina Highway Patrol said.

Investigators said Dunlap chased Ayscue at speeds reaching 90 mph in a 55 mph zone. The lawsuit states that he was reached speeds of up to 103 mph during the 15-mile chase from Franklinton to Creedmoor.

That violated Franklinton police policy that pursuits shouldn't exceed 20 mph above the posted speed limit. Dunlap was placed on administrative leave, but returned to patrol work in February.

Ayscue, 38, of Henderson, also died in the crash.

The lawsuit names his estate as a defendant, saying he was also responsible for the Lunsford sisters' deaths, having operated his vehicle "carelessly" and in "wanton disregard" of others on a highway without "due caution."

"Ayscue's negligence was a proximate cause of the deaths of Linsay and Maggie Lunsford," the lawsuit states.

"It was a tragedy that Ayscue was a danger to people on the road," Franklinton town attorney Mitch Styers said. "His actions were the cause of the loss of innocent life. Officer Dunlap was doing his job the best he could."

The Lunsfords' attorney, Gene Edmundson, was unavailable for comment Wednesday.

Dunlap was chasing Ayscue when he passed another vehicle in a no-passing zone on a hill and hit the car that Linsay Lunford was driving, investigators said.

She and her sister were going to their father's house after a shopping trip at Wal-Mart.

Linsay Lunsford was a student at the University of North Carolina at Greensboro, where she was studying to be a teacher.

Maggie Lunsford was a fourth-grader at Mount Energy Elementary School. She had won a trophy at a karate tournament earlier that day.

Franklinton changing policies

Since December, the Franklinton Police Department has been reviewing its standard operating procedures, including its pursuit policy.

A draft of the policy now includes a set of factors, such as weather and traffic conditions or unfamiliar surroundings, for officers to consider when deciding whether to stop a pursuit. Nowhere does it include the 20-mph policy cited in the Lunsfords' lawsuit.

Larry Carver, interim town manager, said that was eliminated.

"We wanted to create conditions for officers to use good judgment rather than be worried about an arbitrary number," he said.

RELATED TOPICS: Granville County, Henderson County

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would chase someone at 130 MPH makes me cringe...Me as well, "not-today". Not only are you putting every person that is anywhere nearby at risk, but I don't care how much "training" you have, NO ONE is trained well enough or skilled enough to handle a vehicle at that rate of speed in traffic and uncontrolled circumstances. An oval track and a nascar driver, maybe.

I would think that most families would want to move on after such a tragedy...I would think that unless you have suffered through the loss of 2 children at one time, then you don't know what this family is going through and whether they will EVER be able to move on. Maybe this suit and at least a change in policy or an admission that SOMEONE made a bad judgement or could have done something differently to avoid the outcome will make this Mother feel better. Maybe feeling like they did something to prevent another family from going through the same thing will make them feel better. At any rate, it's definitely not for the money as some idiots on this post have tried to insinuate without personally knowing this family.

Just the thought that an officer would chase someone at 130 MPH makes me cringe. My teenage children are out there driving now. That's too fast!!! Period!!

I'm willing to bet that an attorney talked them into the suit, citing that the cop and the suspect's family should be held responsible in some way. I would think that most families would want to move on after such a tragedy.

They knew who it was after the fact. Just because the car is registered to Mr Ayscue doesn't mean that he's the one drivng it. At the time all they knew was it was a car registered to a Mr Ayscue. Unless they new the man personally they would have no way of knowing if the person driving was the same person whom the car was registered to.

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