Another pursuit topic: this time with a death and an upcoming trial

[TurboDan]

So, here it is:  NJ State Trooper blows a stop sign, slams into a minivan with two young girls on their way to the store to buy milk for their mother. The girls both die. Trooper claims he was chasing a speeder, witnesses tell local cops he wasn't chasing anybody, just blew the sign.  NJSP settled a civil suit for a few million. The trooper's criminal trial is awaiting.  Initially, documents from NJSP said the trooper was tired, having just returned from vacation and a long flight the day before.  Two months later, the "chasing a speeder" explanation emerges. The black box device in the CVPI was mysteriously "not working" that day and the data was either not recorded or erased. This comes on the heels of several other high-profile cases where NJSP troopers flaunted/violated the law and got away with it on technicalities, or what some would argue was manipulation of the legal process.

In any event, NJSP's policies are being questioned, and a very, very, very sour relationship between the public and NJSP is coming to a head.

Here's the story:

http://www.pressofatlanticcity.com/185/story/389990.html

New Jersey State Trooper's trial may put spotlight on pursuit policy

UPPER TOWNSHIP - The upcoming trial of State Police Trooper Robert Higbee could shed light on the division's longstanding policy not to employ flashing emergency lights or sirens until a cruiser catches up to a suspect.

Police call this technique 'closing the gap.' The technique has been employed in several instances that resulted in accidents, including Higbee's 2006 crash that killed Upper Township sisters Christina and Jacqueline Becker. He awaits trial April 20 on two counts of vehicular homicide.

Higbee's cruiser ran a stop sign and crashed into a minivan on Stagecoach Road. The cruiser was traveling 66 mph on the 35 mph road at the time of the crash.

Higbee told investigators he was trailing a speeder on the dark county road. His lawyer, William Subin, of Atlantic City, said Higbee was simply following State Police procedures.

"He's required to follow it. He follows the orders of the attorney general and the State Police colonel," Subin said. "That policy is up to the State Police and the attorney general. He simply follows his orders."

Click here to find out more!
Trooper David Jones, the State Police union president, confirmed the policy.

"Everyone in the State Police realizes you're tasked with responsibilities to close the gap in these cases. It goes with the job," he said.

There are other local examples in which police responding without lights and sirens caused accidents.

On Dec. 8, a trooper was struck by oncoming traffic when he made a U-turn on Route 50 in Upper Township to engage a speeder who was being followed by another State Police cruiser. Neither trooper's cruiser was using its flashing lights or sirens at the time.

This policy is not unique to New Jersey.

"Basically it's at the discretion of the trooper when he or she activates lights or sirens," Maryland State Police spokeswoman Elena Russo said. "Troopers are trained on how to pace cars, how to control speed."

The policy is the same in California, a state known for its televised high-speed pursuits.

"Each is done on a case-by-case basis with the officer having discretion to approach the vehicle with discretion that is appropriate for the situation," California Highway Patrol spokesman Steve Kohler said.

"If you turn on your red lights, people do a lot of bizarre things. Sometimes they'll pull to the left. Sometimes, they'll stop right in front of you. That can present additional risk," he said. "It's real easy to be a Monday morning quarterback, too. That's why we train our officers in driving techniques. The primary concern is the safety of the motoring public."

Stoddard Bixby, a retired State Police trooper from Upper Township, said he could not comment on the specifics of the Higbee case. But he said there is good reason in some cases to refrain from using lights or sirens.

"It's your own discretion. A lot of times you're making that decision on your own. You can blow the sirens and scare people half to death," he said. "You blow that siren behind an older person, they'll just slam on the brakes."

He said it was unusual for anyone to try to flee from him when he was on the road more than 20 years ago. But Bixby said troopers must use good judgment.

"If you lose them, you lose them. You're not going to put anyone's life in jeopardy for a speeding ticket," he said.

In the Higbee case, the state paid $2 million to settle a civil suit filed by the family of the two victims. A lawyer for the family said the pursuit policy should be reviewed.

"This is a crazy policy," Atlantic City attorney Lewis B. April said. "So what if a speeder gets away? You're talking about a ticket, a few dollars."

April said he thinks the policy was partly responsible for the accident.

"Listening to what we've been told, Higbee was following a policy that was put in place and condoned by the State Police. It's a policy they termed 'closing the gap,'" he said.

"That policy is very dangerous. It authorizes State Police to travel at excessive rates of speed, crossing intersections. It allows them to circumvent all of that and put others who are using the roads at risk. When there is a breakdown in that policy, the consequences are devastating."

E-mail Michael Miller:

MMiller@pressofac.com

[S204STi]

Seems odd to have that policy.  You should have lights and sirens on any time you are driving at full speed to a call, to protect the public if nothing else.

[giant_mtb]

What a bunch of douche bags.

[James Young]

Excuses, excuses.  How much of the public simply believes Higbee is a lying SOB?

[Eye of the Tiger]

The "speeder" should obviously be charged with manslaughter for not pulling over fast enough.

[MX793]

So wait, are you saying there in fact ARE stop signs in NJ and the law requires that people actually stop at them?

[GoCougs]

Sounds like a guy who blew a stop sign at excessive speed, not a pursuit gone awry...

(Nonetheless, you can't let bad guys get away.)

[Gotta-Qik-C7]

Excuses, excuses.  How much of the public simply believes Higbee is a lying SOB?

Count me in.

[Gotta-Qik-C7]

The "speeder" should obviously be charged with manslaughter for not pulling over fast enough.

LOL! Here we go again!

[TurboDan]

Excuses, excuses.  How much of the public simply believes Higbee is a lying SOB?

Pretty much everybody.

[FlatBlackCaddy]

Just skimmed the intro, going back to read it later.

I had a trooper blow through a stop sign going atleast 50-60(in a 30) right infront of me. If i was 50 feet or so down the road he would have t boned me in the driver side door(no doubt causing Serous physical injuries). He had his lights on and was chasing no one. The intersection is HEAVILY obstructed, no way he or I could have seen one another.

Police officers are well trained and thus expected to be on a higher plane when it comes to risk management and decision making. Sadly it seems that many display a level more befitting of a common high schoold child.

[AutobahnSHO]

Initially, documents from NJSP said the trooper was tired, having just returned from vacation and a long flight the day before. 

I blew a stop sign this morning. On my way home from work, in a 25mph zone, after working all night. This sign is weird though, it doesn't seem like it belongs, and I've ALMOST blown it before. No one was around, and no one (MPs) didn't see, either.

But I don't sympathize with the Trooper or the policies above. He was already speeding. That implies that he should be taking extra care-

[bing_oh]

I'm trying to figure out why the media is saying this "may put a spotlight on pursuit policy." It doesn't have any bearing on vehicle pursuit. I doubt that NJ law varies that much from my local laws, and I can't legally disregard a stop sign without lights and siren. Even when I do, the lights and siren are a "request" that other vehicles permit me to pass through an intersection...I still have to do so with due caution.

[TurboDan]

I'm trying to figure out why the media is saying this "may put a spotlight on pursuit policy." It doesn't have any bearing on vehicle pursuit. I doubt that NJ law varies that much from my local laws, and I can't legally disregard a stop sign without lights and siren. Even when I do, the lights and siren are a "request" that other vehicles permit me to pass through an intersection...I still have to do so with due caution.

From what I understand (amazingly) lights and sirens are not required, which is a policy that may change after it is highlighted in the upcoming trial.

[S204STi]

Just skimmed the intro, going back to read it later.

I had a trooper blow through a stop sign going atleast 50-60(in a 30) right infront of me. If i was 50 feet or so down the road he would have t boned me in the driver side door(no doubt causing Serous physical injuries). He had his lights on and was chasing no one. The intersection is HEAVILY obstructed, no way he or I could have seen one another.

Police officers are well trained and thus expected to be on a higher plane when it comes to risk management and decision making. Sadly it seems that many display a level more befitting of a common high schoold child.

So do you think that the only reason a cop would have to drive at full possible speed is when chasing a perp?

[bing_oh]

From what I understand (amazingly) lights and sirens are not required, which is a policy that may change after it is highlighted in the upcoming trial.

No matter what the NJSP says, I seriously doubt that "closing the gap" through a stop sign is within policy or standard practice. Going over the speed limit on an open road to catch up to a violator before turning on the overheads? Sure, that's not a big deal. Busting through a stop sign? Nope, no believing it.

[hotrodalex]

Just skimmed the intro, going back to read it later.

I had a trooper blow through a stop sign going atleast 50-60(in a 30) right infront of me. If i was 50 feet or so down the road he would have t boned me in the driver side door(no doubt causing Serous physical injuries). He had his lights on and was chasing no one. The intersection is HEAVILY obstructed, no way he or I could have seen one another.

Police officers are well trained and thus expected to be on a higher plane when it comes to risk management and decision making. Sadly it seems that many display a level more befitting of a common high schoold child.

I am 99% sure he was responding to an emergency call. They don't just turn their lights on when they are chasing cars.

[NomisR]

I am 99% sure he was responding to an emergency call. They don't just turn their lights on when they are chasing cars.

Yeah, but you would think they have to at least slow down for stop signs and red lights especially without lights on.  How can a citizen know that they're coming if they don't.  They can run over a little kid crossing the street or something.  Even firetrucks and ambulances slow down when crossing intersections that are red with their lights and sirens on. 

[hotrodalex]

Yeah, but you would think they have to at least slow down for stop signs and red lights especially without lights on.  How can a citizen know that they're coming if they don't.  They can run over a little kid crossing the street or something.  Even firetrucks and ambulances slow down when crossing intersections that are red with their lights and sirens on. 

They should definitely slow down. I'm just saying that it's not like the cop was just randomly running the stop sign with his lights on to go get donuts.

[TurboDan]

How can a citizen know that they're coming if they don't. 

They wouldn't.  Hence the above-posted news story. 

[NomisR]

They wouldn't.  Hence the above-posted news story. 

Yet, I've seen his happen a few times in my neighborhood as well.  Once was through a stop sign near a school too!  If I did the same thing, I probably would've had my license taken away.