Deadly North Carolina police chase policies practices rarely scrutinized

While cities like Milwaukee allow chases only of suspected violent felons, many departments in North Carolina leave the decision to pursue up to the officer in the moment.

Posted 10:15 p.m. May 18, 2021 — Updated 1:48 p.m. May 19, 2021

Keely Arthur

, WRAL reporter

Law enforcement agencies admit that no aspect of their work has more potential for disaster than car chases. Yet, as lawmakers discuss reforming law enforcement and use of force policies, police chase tactics have largely avoided scrutiny.

In the last three years, 13 civilians have died as a result of pursuits by the North Carolina State Highway Patrol, according to the agency's own data. The number of deaths and serious injuries increases when taking into account other law enforcement agencies in the state.

“Police chases are one of the most dangerous situations a law enforcement officer will find themselves in on a daily basis,” said Dean Crisp, a retired police chief and police policy expert.

Crisp tells WRAL News that in recent years many departments across the country have changed their policies to limit police and citizen death.

“You do have some departments who have a no-chase policy, some who have limited their policies to only violent felonies and some you have more of an open policy, if you will, as it relates to chases,” Crisp said.

WRAL News requested data and looked at the chase policies of ten different agencies (the sheriff's offices of Nash, Cumberland, Wilson, Lee, Wayne, Wake, Harnett, Sampson and Durham counties, and the State Highway Patrol) to understand the current state of chases in North Carolina. Many departments take an open policy approach.

Each policy stated, in one way or another, that, “Before engaging in the pursuit of a motor vehicle, deputies must balance the need to pursue against the risk of damage to property or injury to persons.” And that officials must conclude “that the immediate danger to the public created by the pursuit is reasonably less than the immediate danger or potential danger to the public should the suspect remain at large.”

State Highway Patrol Sgt. Chris Knox tells WRAL News that officers go through extensive chase training and must consult with another in-house officer before pursing a chase, yet, often times the situation happens too quickly for officers to know exactly who they are pursuing.

“I can think of a situation where I was trying to stop somebody for just that, a seatbelt and they were wanted in multiple states, a dangerous fugitive, wanted by the FBI,” Knox said.

However, many of the recent police chases that resulted in fatalities or severe injuries were prompted by driving violations like speeding, rather than for pursuits of violent criminals or those wanted for outstanding felony warrants.

Oftentimes, those injured or killed as a result of a police chase are completely uninvolved. More than 1/3 of the people killed as a result of chases nationwide are innocent bystanders, according to Pursuitsafety.org, a pursuit reform non-profit.

On March 8, a 68-year-old Wendell woman was critically injured after another driver being pursued by authorities in Nash County went through an intersection and slammed into her car.

On March 15, 86-year-old Lois Simmons of Sanford was driving home from the grocery store. She was killed after a 19-year-old wanted for speeding slammed into her car while being chased by authorities in Lee County.

Lee County’s chase policy states deputies must determine “that the danger created by the pursuit is reasonably less than the immediate danger or potential danger to the public should the suspect remain at large.”

Simmons's daughter, Laurie Smith, questioned the necessity of the chase, noting that the offender was originally just wanted for speeding and that the chase partially happened in a very populated area.

In addition to investigating crashes involving outside agencies the State Highway Patrol investigates its own crashes, using its own crash reconstruction team.

In February, four people under the age of 22, including the driver, died in Duplin County after launching into a pond while being pursued by state troopers at speeds estimated at 70 mph. A passenger who escaped the car and swam to safety is facing drug charges, after drugs were found in the car. The State Highway Patrol found no wrongdoing on the part of the troopers who initiated the chase.

While cities like Milwaukee allow chases only of suspected violent felons, many departments in North Carolina leave the decision to pursue up to the officer in the moment.

The State Highway Patrol tells WRAL News that if any wrongdoing is found on the part of an officer, it is typically an administrative issue and up to the specific agency to take any kind of disciplinary action. Criminal wrongdoing on the part of the pursing law enforcement agent is rarely, if ever, found.

State lawmakers on both sides of the aisle have put forth police reform legislation. Neither have called for any changes when it comes to chases. WRAL News reached out to Sen. Danny Britt, Rep. John Faircloth and Rep. John Szoka – Republicans who have been vocal about the need for police reform. None of them responded despite multiple requests for comment. At a Democratic news conference for police reform, attorney Dawn Blagrove told WRAL News that change is needed in chase policy.

“We definitely need some statewide guidance around high-speed chases and where they can happen and how they can happen and whether or not they need to happen. Some of this is just basic, common sense,” Blagrove said.

Family members of many of the victims of police chases have taken matters into their own hands and are looking into pursing legal action of their own. WRAL News reached out to several victims' family members. Many of them declined to comment because of that ongoing litigation.

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