Three People Dead Following Blythe Police Chase

A botched traffic stop resulted in a fireball wreck that killed three people.

Georgia Department of Public Safety spokesperson Franka Young said that a Blythe police officer tried to stop a Mercury Sable for speeding north on Deans Bridge Road when the suspect allegedly refused to stop. As they approached the Bath Edie Road intersection, the suspect entered the southbound lanes still traveling north. Young said the Blythe officer didn’t pursue the suspect on the wrong side of the road.

After traveling north for about a mile, the suspect hit a southbound truck head-on just north of the Etterle Road intersection. The suspect’s car caught on fire and became engulfed in flames. Richmond County Coroner Mark Bowen reported that the three occupants in the fleeing vehicle were pronounced dead on the scene.

Police Chase Statistics

In the 1990s, the Justice Department repeatedly advised local police departments to scale back their high-speed police chase policies, partly because chases are so dangerous, and partly because they’re unnecessary.

Since 1979, high-speed chases have killed more than 10,000 people. That figure is far higher than police shootings or any other everyday police activity. Additionally, many James Bond-like devices, like shootable GPS trackers, eliminate the need for such chases.

But most local law enforcement agencies didn’t listen. Off the record, many police officers admit that the adrenaline rush that comes with “getting the bad guy” is too much to pass up.

A bad problem is now worse. During the pandemic, law enforcement lost ground. Traffic enforcement may have suffered most. Drunk driving and speeding went up, while seat belt compliance went down. Since many peace officers are determined to retake the high ground, even if that effort means putting people at risk, high-speed police chase fatalities hit a record high in 2022.

Furthermore, chases have become a hot button political issue. Limiting police chases is associated, at least in the minds of many, with police defunding activities.

A little knowledge is a dangerous thing. Many people don’t know exactly what they’re asking for when they push for police defunding, and many people aren’t sure what they’re advocating for when they push for unlimited chase policies.

Holding Officers Responsible

A Marietta personal injury attorney can hold police officers responsible for high-speed police chase injuries, if the officers were reckless. Recklessness, which is intentionally disregarding the safety of other people, is basically one step above negligence.

A victim must go this extra mile because official immunity protects police officers as they perform their official duties. Police officers don’t have to stop at red lights and obey speed limits during emergencies. However, this immunity is not unlimited.

Some recklessness factors to consider include the time of day, the severity of the alleged offense, and the amount of traffic on the road. Based on these factors, it appears that the above chase is a slam dunk win for a Marietta personal injury lawyer.

But wait a minute. Foreseeability is an element in both negligence and recklessness claims. Usually, foreseeability (possibility) might be the easiest prong of a negligence or recklessness case to prove. When you step in the shower, it’s foreseeable, albeit very unlikely, to slip on a bar of soap and die.

Is it foreseeable that a driver will recklessly veer onto the wrong side of the road to avoid a speeding ticket? Probably so, especially since a Marietta personal injury lawyer must only establish foreseeability by a preponderance of the evidence (more likely than not). If Tony has ever had pizza for dinner before, it’s more likely than not that he had pizza for dinner on June 17.

Civil Claim Issues

Most personal injury cases settle out of court. Settlement negotiations usually begin shortly after a Marietta personal injury lawyer establishes a claim’s settlement value.

When Alice posts her truck for sale on Craigslist, she’ll set an asking price, based on the truck’s condition, her need or desire to sell the truck quickly, and a few other factors. During purchase negotiations, she’ll probably reduce the price. However, in some cases, she might increase her asking price.

Personal injury settlement negotiations are like used truck purchase negotiations. Usually, a Marietta personal injury lawyer and a defendant agree to a reduced settlement amount. However, some cases, like the one in the above story, have outsized settlement values. The police department might do almost anything, including paying a larger settlement than the evidence normally dictates, to keep a case like this out of the headlines.

In a way, all attorney-negotiated settlements are outsized settlements. Insurance companies pay an average of five times more money to victims who have Marietta personal injury lawyers. Attorneys thoroughly prepare cases, and a solid case is worth more than a thrown-together case. Furthermore, most insurance defense lawyers charge about $1,000 an hour, and a well-prepared case usually survives pretrial motions that seek dismissal. So, by the time a case reaches late litigation stages, many insurance companies are eager to cut their losses.

Criminal Law Issues

In the above story, the arresting officer was quite literally judge, jury, and executioner. Normally, however, these three phases of a criminal trial are separate and distinct.

Under GA Code § 40-6-395, it’s illegal to “willfully. . . attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop.” Evading police is usually a misdemeanor. Some felony enhancements apply, such as:

• Speeding more than 20mph over the limit,
• Hitting a pedestrian or another vehicle,
• Fleeing and placing “the general public at risk of receiving serious injuries,”
• Leaving the state, or
• Committing certain other traffic violations during flight.

The mental state, willfully, is one not seen very often. Basically, willfully is between knowingly (knowing what you’re doing) and intentionally (deliberately doing something wrong).

So, Section 40-6-395 could apply to safety stops. Increasingly, motorists don’t immediately pull over when they see flashing lights in their rearview mirrors. Instead, they pull over at the nearest “safe” place, such as a well-lit convenience store. Usually, if the defendant passed an objectively reasonable safe place, such as a well-lit but customer-less convenience store, the case may make it to the next phase.

During trial, the state must prove every element of the offense beyond any reasonable doubt. We discussed the mental state above. If the judge allows the case to go forward during a pretrial hearing, that doesn’t mean the state has proved willfulness beyond a reasonable doubt. Additionally, some felony enhancements are vague. Safely operating your motor vehicle could result in a serious injury. We’ve certainly seen that before.

Since it’s a nonviolent crime, an evading arrest conviction, even a felony, almost always results in probation. That’s part of the good news. The bad news is that probation is unusually long and restrictive in Georgia. The rest of the good news is that a Marietta criminal defense lawyer can file a motion to modify the conditions of probation, or even terminate probation, at almost any time.

High-speed police chases often go to civil and criminal court. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.