Murder charge filed in fatal Lee County crash involving man fleeing law enforcement

Lois Simmons, 86, of Sanford, had just pulled out of the Food Lion parking lot at the intersection of U.S. Highway 1 and Tramway Road, south of Sanford, and was waiting at a traffic light at about 12:30 p.m. when her Honda was hit, said her daughter, Laurie Smith.

"[It was] a normal day. She drove every day. She walked every day," Smith said Tuesday. "She was just talking to a friend of mine's daughter at Food Lion. If she had only stayed there longer, maybe this wouldn't have happened."

A Lee County deputy was pursuing a vehicle driven by Clifton Donyell Mclver, 19, when he sped through the intersection, and the vehicle went airborne and slammed into Simmons' car.

The State Highway Patrol, which is investigating the crash, said McIver's car crossed the center line and hit two vehicles before catching fire. McIver and another person in his car were able to escape unharmed, while the driver of the second car he hit suffered minor injuries.

But Simmons' injuries were so severe that she had to be airlifted to UNC Hospitals in Chapel Hill, where she died.

"It's just devastation, you know," Smith said, noting that she was at work when she learned of the crash and immediately drove to the intersection.

Capt. Brian Estes of the Lee County Sheriff's Office said the deputy, whose name hasn't been released, tried to pull over a speeding vehicle and then radioed that the driver wouldn't stop. About 51 seconds later, he said, the deputy radioed that the vehicle had been involved in a collision.

A stolen firearm was found in the vehicle after the crash, Estes said.

In addition to second-degree murder, McIver has been charged with fleeing to elude arrest with a motor vehicle, possession of a stolen firearm and various traffic infractions. He was in the Lee County jail on Thursday under $250,000 bond.

"Why the boy was speeding that fast?" Smith wonders. "If he was racing because they were chasing him, that's another story."

The Lee County Sheriff's Office policy on chases states that the decision to engage in a pursuit "must be based on the deputy’s conclusion 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."

Authorities need to take into account the amount of nearby traffic, weather and road conditions and the actual speed involved in starting and continuing the pursuit, and "there should be a plan to end the pursuit as soon as practical," the policy states.

The following sentence is in boldface in the policy: "The need for apprehension must be constantly weighed against the potential danger created by the pursuit."