Well, another year has gone by, and I am still here. However, over these past 365 days, many were not so lucky as hundreds have died and thousands upon thousands have been injured, due to being innocent victims of police pursuits. Since I started this blog a little over three years ago this will mark the third time I have written a post recalling the anniversary of my accident that left me a (C1, C2) quadriplegic (For more information see Frustrated, But Not Discouraged! and 19 Years And Counting…).
Over these past years, I started paying attention to “police misconduct” and the justice system in relation to those whose civil rights were violated like mine. What I have learned is depressing, frustrating and down right wrong, but the U.S. system is so corrupt that nothing will change unless you are a billionaire that can “bribe” politicians.
In terms of “police misconduct” what I have noticed over the years due to the “police state” nature of the United States is yesterday, today and tomorrow, someone’s civil rights were and will be violated by a “law enforcement citizen.” But the police department and their lawyers will do more to protect the “law enforcement citizen” than the citizens of the community they are there to “protect & serve.”
That being said, since nothing is going to be done about the “police state” nature of the United States, this will be my last post writing on “police misconduct.” However, since this is going to be my last post there are a couple of final things I want to talk about showing the absurdity of “police immunity.”
If you have been following me or read my other blog posts mentioned above, then you know one person a day is killed due to police pursuits, and 30 percent of them are innocent victims. Right now like California throughout the country, innocent victims have nowhere to go for financial recourse if something happens YOU! The law granting police immunity in California is CVC 17004.7.
Ultimately, this law protects the city and their police department from lawsuits regardless of what happens to you or me during a police pursuit, giving the criminal more rights. As a result of this, every year there are lawsuits filed by innocent victims, but every time we are the losers making us suffer the consequences for mining our own business and being “law abiding citizens.”
In terms of police pursuits and their innocent victims in 2002, the Court of Appeal, Fourth District, Division 3, heard a case after a third party individual died as result of a police pursuit. In this hearing, the court issued their ruling in favor of the police department, but like my case, they did so with “reluctance.” However, this time the court wrote a scathing response in how they were not happy with the language used in CVC 17004.7.
The case heard that sent the appeals court on a tirade was Nguyen v. City Of Westminster. To give you a little background on this case we have to go back to October of 1995. On October 12, 1995, a van that had been reported stolen was spotted by “law enforcement citizen” Ingwerson of the Westminster Police Department; the driver of the stolen van William David Seehusen who was 18 years old did not stop so Ingwerson pursued the vehicle. The police pursuit went through many cities where it ultimately came to an end on the campus of La Quinta High School, in Garden Grove; at the time seriously injuring an innocent victim Khuong Van Nguyen.
This may sound like just another police pursuit, but the absurdity of this one is Ingwerson chased the individual fleeing, on the La Quinta High School CAMPUS and FOOTBALL FIELD when students were getting out of school, IN THEIR CARS. Ultimately, this shows the exact thinking and mindset of “law enforcement citizens,” in how they will chase someone literally ANYWHERE and endanger ANYONE whether the reasoning large or small for their own personal enjoyment in order to get the adrenaline rush rather than for the safety of the public. Khuong Van Nguyen ended up dying three years later as a result of his injuries. The court’s response on the case is as follows:
In so deciding this case, we wish to express our displeasure with the current version of section 17004.7. As noted, one reason for extending immunity to a public entity that adopts a written policy on vehicle pursuits is to advance the goal of public safety. But the law in its current state simply grants a ‘get out of liability free card’ to public entities that go through the formality of adopting such a policy. There is no requirement the public entity implement the policy through training or other means. Simply adopting the policy is sufficient under the current state of the law.
Unfortunately, the adoption of a policy which may never be implemented is cold comfort to innocent bystanders who get in the way of a police pursuit. We do not know if the policy was followed in this instance, and that is precisely the point: We will never know because defendant did not have to prove Ingwerson or the other police officers participating in this pursuit followed the policy. It is especially chilling that this particular instance occurred on the property of a school where students were present, but it is also sad that one blameless person was seriously injured as a result of the pursuit, and that his family has no option for redress.
We urge the Legislature to revisit this statute and seriously reconsider the balance between public entity immunity and public safety. The balance appears to have shifted too far toward immunity and left public safety, as well as compensation for innocent victims, twisting in the wind.
When it comes to police pursuits, people always assume chasing and capturing criminals equals lower crime rates, but that is not the case. The FBI releases a report every 10 years on the statistics of police pursuits and the report in 2010, shined light on two things: 1, criminals slow down after a chase is terminated and 2, crime does not go up after terminating a chase. The following quote is from the 2010 report:
One of the more interesting findings from the suspects concerned [criminals] willingness to slow down when the police stopped chasing them. Approximately 75 percent reported that they would slow down when they felt safe. They explained that on average, they would have ‘to be free from the police show of authority by emergency lights or siren for approximately two blocks in town…and 2.5 miles on a freeway.’11 In other words, suspects who have fled from the police report that once the officer terminates the pursuit, they will slow down within a reasonable period. In addition, research has shown that if the police refrain from chasing all offenders or terminate their pursuits, no significant increase in the number of suspects who flee would occur.8
These findings were significant as cops in the past always argued, the criminals fleeing were the individuals who dictated the speed, and that crime would increase. However, in reality, crime does not go up and cops ARE the ones who control the speed. A simple analogy is the same thing as a dog chasing a cat. The faster the dog runs, the faster the cat will go.
Looking back earlier in this post recall what I mentioned above in how CVC 17004.7, gives criminals more rights than “law abiding citizens.” This is exactly true and a perfect example showing this occurred in December of 2013. On December 13, 2013, Brian Beaird led the LAPD on a wild police chase for over an hour. The police pursuit came to a conclusion when Beaird broadsided a Nissan, where he then proceeded to run on foot. As Beaird began running, his back was turned to the police along with his arms in the air. At this point, 3 LAPD officers opened fire shooting Beaird 15 to 20 times killing him.
I dove into greater detail on this incident in my blog post Justice Is Not Fair! from last year, and I should have created a Justice Is Not Fair! Part: Two as a follow-up, but I never got to it. Following the police pursuit that left Beard (the criminal fleeing) dead his family filed a $20 million civil rights lawsuit against the city of Los Angeles as the LAPD violated his Fourth Amendment Right. Ultimately, the trial never happened as the city settled the lawsuit out of court giving the Beard family $5 million.
The first time I heard the details of the settlement I was completely dumbfounded and in shock for a couple of days that someone who ran from the police for over an hour, had more rights than the “law abiding citizens” Beard and the LAPD endangered. However, that is the way the laws are currently written, and I doubt anything will change in the future.
On top of the settlement with the Beard family, what really added insult to an open wound for innocent victims that were either killed or injured due to police pursuits, was that LAPD Chief Charlie Beck apologized to the Beard family over their son’s death. Chief Charlie Beck said, “This was a terrible tragedy and I want to express my heartfelt sorrow to the Beaird family. I am truly sorry for their loss.”
This is extremely frustrating to me and any individual who has become an innocent victim of a police pursuit because the police always DEFEND their actions when third party individuals get hurt or killed. It happened in my case and again last year when Vivian Nguyen (no relation to the case above) a 12-year-old girl was killed due to being an innocent victim. You can find both of the statements here: Trent McGee, Vivian Nguyen
Police pursuits happen every day, but more in California as we are the pursuit capital of the world. In 2012, the California Highway Patrol (CHP) released statistics saying, “More bystanders are injured or killed during high-speed police chases than by stray bullets. In California, more than 10,000 people have been injured and over 300 people killed because of police chases in the last decade…” and nothing is going change causing innocent victims to suffer the financial hardship on their own thanks to CVC 17004.7.
The only way police pursuits and CVC 17004.7 will come to a striking halt, is if someone like Jimmy Kimmel, Ellen Degeneres or a politician’s child or family member gets killed or seriously injured. So until that happens, every year more and more people will become innocent victims, and they will have to face the financial hardship on their own, which is sad, depressing and wrong.
Trent McGee 