By F.T. Norton
Star-News
WILMINGTON, N.C. — The death last week of a Wilmington man whose motorcycle was struck by a driver fleeing from state troopers at rush hour raised questions among readers about police pursuit policies.
The policies for the NC State Highway Patrol, the Wilmington Police Department, the New Hanover County Sheriff’s Office and the Brunswick County Sheriff’s Office all direct officers to take into consideration the time of day and density of traffic when deciding to initiate a pursuit, but none prohibit chases during high-traffic times.
Shaun R.J. Murdoch, 38, was on his way home from an overnight shift at Corning at 7:17 a.m. May 10 when his motorcycle’s path crossed that of Eduard Patrick, 26, of Liberty on South College Road. Patrick, according to the highway patrol, was spotted driving 79 mph in a 55 mph zone on U.S. 74 in Brunswick County. When a trooper tried to stop him, Patrick allegedly fled, leading law enforcement on a 13-mile chase that lasted 12 minutes, reaching speeds of up to 95 mph and ending in the death of Murdock.
An FBI report shows that 50 percent of all pursuit collisions occur in the first two minutes of the pursuit and more than 70 percent of all collisions occur before the sixth minute of the pursuit.
Rules about calling off a pursuit vary only slightly among local law enforcement agencies. Some policies specifically state that calling off a chase won’t open an officer up to criticism. All the policies agree that the risk of maintaining the pursuit is weighed against the danger created by it, and the decision to call off the pursuit is left up to the discretion of the officers involved.
According to the highway patrol policy provided by spokesman Lt. Jeff Gordon, the decision to pursue a vehicle is broken down into three levels: low priority would be the pursuit of a person with a headlight out; intermediate priority would be someone who runs a stop sign; and pursuit of speeders — seen as a “continuing hazard” — is a high priority.
“Speeders, suspected impaired drivers, and others who present a substantial continuing hazard to the public are of a higher priority. Likewise, persons suspected of armed robbery, kidnapping, assault on a government official and similar crimes of violence pose an immediate hazard to the public,” the policy states. “These persons should be apprehended as quickly as possible, consistent with the exercise of due care for the public’s safety.”
The Brunswick County Sheriff’s Office pursuit policy indicates that a pursuit shouldn’t take place if the identity of the person being sought is known or likely to be easily obtained for apprehension at a later date.
“Deputies shall not initiate, or shall suspend their involvement in any pursuit when in the deputy’s opinion; the danger to the public or deputy created by the pursuit exceeds the danger presented by the offender remaining at large,” the policy reads.
Out of the four agencies, the New Hanover County Sheriff’s Office is the only one that specifically prohibits the pursuit of motorcycles and all-terrain vehicles: “Deputies shall not initiate a pursuit of a motorcycle, an ATV or any similar vehicle unless the use of deadly force is authorized. Exceptions may be granted if in the judgment of the supervisor or watch commander the seriousness of the circumstances warrant pursuit.”
The Wilmington Police Department outlines in its policy exactly when a pursuit is not authorized as the following: if the initial violation is an infraction; the identity of the violator has been established to the point that later apprehension and identification is likely; unless there exists an unusual need for apprehension such as a suspect fleeing to elude arrest.
Each agency also conducts an after-action review of the chase.
Highway patrol spokesman Gordon addressed the review when he declined to speak specifically about the May 10 chase that ended in the death of Murdock.
“The chase and collision are currently under investigation and it would be inappropriate to comment at this time,” Gordon said.
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