Police pursuit policies vary between Oak Grove, Clarksville

In the early morning hours of Aug. 7, dispatchers told Oak Grove police officers that a van had fled from Clarksville, Tenn., police after two attempted traffic stops. The driver was suspected of driving drunk.

Oak Grove officers later saw the van, damaged silver Toyota Sienna, on Kentucky 115, according to a police report. When officers tried to stop the van, driven by Theodore E. Schneider, 41, of Thompsonville Lane, Schneider reportedly cut his lights off and turned onto Kentucky 911.

Schneider then accelerated, and officers continued to trail him until he stopped on Cable Road. At 12:42 a.m., Oak Grove officers arrested Schneider on charges of aggravated DUI, his third offense, and second-degree fleeing or evading police along with two other misdemeanor charges.

Clarksville and Oak Grove are two cities so close together that it’s easy to pass from one into the other without realizing it. But the two cities’ police departments have dramatically different pursuit policies in place. Clarksville’s policy is more restrictive.

According to information obtained through open records requests, between Jan. 1, 2009, and July 1, 2010, Clarksville police were involved in five motor vehicle pursuits. During the same time frame, Oak Grove police were involved in 23 pursuits. The Eagle Post obtained the Clarksville records through a Tennessee Open Records Law request and the Oak Grove records through a Kentucky Open Records Law request.

Understanding pursuit policies

According to the Clarksville policy, in order for an authorized pursuit to take place within the city limits of Clarksville, an officer must have probable cause that the person being pursued “has committed or is about to commit a violent felony.”

The policy in Oak Grove is less restrictive and allows officers to make the call when initiating a pursuit. According to Oak Grove policy, the officer must conclude the immediate danger to the public and officer created by the pursuit is less than the potential danger of the suspect remaining free.

Additionally, pursuits can be authorized if the suspect tries to avoid arrest for an alleged felony or misdemeanor or if the officer “reasonably believes” that the suspect could present a danger to human life or cause serious injury, the policy states.

Essentially, by fleeing the suspect becomes an alleged felon. In turn, this grants the OGPD the right to pursue under their policy.

Oak Grove Police Chief Milton Perry said that when a pursuit crosses from Oak Grove to Clarksville, as they did five times between Jan. 1, 2009 and July 1, 2010, officers are allowed to continue the pursuit into Tennessee as long as it meets department criteria. As long as the proper legal procedures are followed, the change in jurisdictions and states does not complicate matters, he said.

“In Kentucky, when you refuse to stop, and intentionally try to get away, depending on all the other circumstances, it normally will immediately escalate up to fleeing and evading and get into the felony charge,” Perry said.

Clarksville Public Affairs Officer Jim Knoll said pursuits from Oak Grove do not frequently carry over into Tennessee. But, when they do, Clarksville officers will support the Oak Grove officers and their safety, but the CPD will not join the pursuit unless it meets their guidelines. Since Jan. 1, 2009, the Clarksville Police Department has actively participated in one Oak Grove-initiated pursuit, which was later found to be against CPD policy.

Additionally, Clarksville officers will not pursue across state lines unless the suspect is believed to be a violent felon. If the suspect appears to be heading to Oak Grove, dispatchers notify Oak Grove police.

Origin and progression of the pursuit policies

Perry said the pursuit policy in Oak Grove was likely a model policy he received through the Kentucky Association of Chiefs of Police or the police academy in Richmond.

When he became chief in 1993, he said the policy handbook for the department was about 10 to 12 pages. One of Perry’s first tasks was taking model policies from the Kentucky Association of Chiefs of Police as well as the police academy and implementing them in Oak Grove.

The Oak Grove pursuit policy was last updated in 2002 but with the addition of a motorcycle to the fleet in May, a special provision was included in the motorcycle patrol policy forbidding pursuits.

“Pursuits WILL NOT be conducted on motor(cycles). A violator may be followed at a safe distance and a safe speed until a police car or cars can be positioned to conduct a pursuit …,” the policy states.

Oak Grove Maj. Les Langdon, who helped create the motorcycle policy, said it is too dangerous for an officer on a motorcycle to pursue, something Perry agrees with.

“No, absolutely not,” Perry said. “It’s not going to be used in pursuits.”

When a suspect is on a motorcycle, officers in a patrol vehicle are allowed to pursue if it meets department guidelines, but Perry encourages them to “use their heads.”

“Reality — are you gonna catch one of these crotch rockets that can do 220?” he said. “No.”

Perry said the pursuits that are terminated most frequently occur when the suspect is on a motorcycle. However, since Jan. 1, 2009, OGPD has arrested four suspects who attempted to evade police while on a motorcycle.

Knoll said the Clarksville policy is updated as needed. As pursuits are evaluated and if it looks like there’s a “hole in the policy,” then things may be changed.

The CPD policy was issued June 2, 2008, but was revised last on July 9, 2010.

Over the years, the policy has “tightened up” as the department further understands what works in Clarksville.

Knoll said the CPD policy is “restrictive” because “safety is the ultimate concern” when a pursuit occurs. When a pursuit is initiated, a supervisor can terminate it at any time, which is also the policy in Oak Grove.

There are 10 additional factors officers must consider when beginning a pursuit in Clarksville. In Oak Grove, there are four.

If an officer on a motorcycle or driving a SUV or unmarked vehicle becomes involved in a pursuit, “they shall be removed from the pursuit at the earliest opportunity,” according to CPD policy.

Monitoring and evaluating pursuits

When a pursuit occurs, supervisors are to closely monitor the officers involved, according to both the departments’ policies. At any time, a supervisor has the power to end a pursuit.

In Oak Grove, if a supervisor does not terminate a pursuit that ends badly, he must take responsibility, Perry said.

“I’ve had them call me at home and wake me up at night and tell me, ‘Hey, there’s a pursuit going on’ and try to tell me about it,” he said. “I tell them, ‘Hey, I’m sleeping, you woke me up, I’m not there. I’m not going to second-guess the officer. You’re the supervisor on duty.’”

If a supervisor does ask Perry for help making the call, he said he tries to offer guidance. On at least one occasion, he has stopped a pursuit from home. However, he said pursuits are not called off very frequently.

According to the Oak Grove policy, after a pursuit, supervisors “shall prepare a comprehensive analysis of the pursuit” including any necessary audio recordings or documentation.

The patrol supervisor is supposed to review pursuits to make sure they were compliant with policy. Typically, findings indicate the pursuit was justified, Perry said.

If an officer becomes involved in a large number of pursuits, the “higher-ups” in the OGPD will look into the matter, Perry said.

Between Jan. 1, 2009, and July 1, 2010, Officer Ryan Perry was involved in seven pursuits, the most of any officer. James Carter was involved in four, and Chris Bedell, who no longer works for OGPD, was involved in three, two of which were just hours apart.

Milton Perry said when an officer is repeatedly involved in pursuits, it is often because of the shifts they work.

“It wouldn’t be unusual for the same people to be in pursuits because they’re working during a time when all the action’s happening,” he said. “That explains a lot of why it’s the same people over and over and over.”

The Oak Grove Police department officers work on rotating shifts, Perry said. Every three months, they rotate so all officers work with all supervisors.

In Clarksville, there is an extensive policy for reviewing pursuits. All pursuits are to be documented in an internal report. Each officer and supervisor involved must complete a detailed report to be filed with the department’s Professional Integrity Unit.

The Clarksville Police Department command staff then reviews all pursuits. Reviews include determining if policy was followed, identifying “deficiencies” in the policy and identifying training deficiencies. If a member of the command staff was involved in a pursuit, an alternate member of the force is chosen to fill that spot during the review.

Then, the lieutenant of the Professional Integrity Unit prepares an annual analysis of all pursuits for the chief to review.

Of the five pursuits initiated by Clarksville officers from Jan. 1, 2009, to July 1, the only one found not to be a violation of departmental policy occurred after a bank robbery and involved five officers.

If an officer begins a pursuit that isn’t justified, then he faces consequences such as remedial training, or verbal or written reprimands.

Knoll does not believe that the Clarksville pursuit policy is soft on criminals. The policy was created to be the safest for the officers and the public, and it is not shaped by public opinion, he said.

“Usually if they’re gonna run, they’re gonna run anyway,” he said. “We’re not going to endanger the public for a speeding ticket.”

Perry, on the other hand, believes it’s important for Oak Grove to take a tough-on-crime stance.

He recalls one night, several years ago, he thought he was about to be involved in a pursuit. Much like the incident a few weeks ago in Oak Grove, Clarksville police notified Oak Grove that a suspect was headed into Kentucky.

“I know in one incident they called and told us they had been trying to catch this person forever, for many months, and every time they attempted to stop him, he ran, and they weren’t allowed to pursue him. And he was wanted. They wanted him on felony warrants,” Perry said.

When the man was spotted in Oak Grove, the officer turned on his lights and prepared to pursue, only to have the suspect immediately pull over.

“Clarksville’s been after you for months, and you always run,” Perry said he told the suspect. “Why didn’t you run? He said, ‘I’m not crazy, I’m not running from Oak Grove. ‘Y’all will chase me, and they won’t.’”

“Basically, I like that,” Perry said. “I want people to know we’re not just gonna stand by and watch them commit a crime and watch them drive off.”

TESSA DUVALL can be reached at tuduvall@kentuckynewera.com

QuickInfo: By the numbers

Oak Grove population: estimated at 9,400 in 2009

Clarksville population: estimated at 124,565 in 2009

Oak Grove police force: 17

Clarksville police force: 243

Oak Grove pursuits (Jan. 1, 2009 to July 1): 23

Clarksville pursuits (Jan. 1, 2009 to July 1): 5

Number of pages in Oak Grove pursuit policy: 6

Number of pages in Clarksville pursuit policy: 11

Oak Grove pursuit policy last

updated: June 30, 2002

Clarksville pursuit policy last

updated: July 9, 2010