Young men's families sue over 2006 fatal car chase

By LEAH BETH WARD
Yakima Herald-Republic
Young men's families sue over 2006 fatal car chase
ANDY SAWYER/Yakima Herald-Republic
Bobby Aguilar and Edgar Mendoza were killed in 2006 when the car in which they were riding was struck by a stolen car driven by Blake Young. Another passenger in the silver car was injured in the crash. The families of Aquilar and Mendoza have now filed a claim against the city of Yakima.

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YAKIMA, Wash. — Relatives of two young men killed in a collision during a police chase have filed wrongful death lawsuits against the city of Yakima, the Yakima Police Department and the man whom police were chasing.

The families of Guillermo "Bobby" Aguilar and Edgar Trevino-Mendoza filed last week separate lawsuits in Yakima County Superior Court seeking damages in connection with the 2006 collision at Nob Hill Boulevard and 48th Avenue.

The lawsuits don't specify damages but in prior claims filed against the city, Mendoza's relatives sought $1.75 million while Aguilar's cited $4.5 million. Aguilar's mother is also representing a third victim in the crash, Juan Hernandez Ortega. He survived but was seriously injured.

The relatives are seeking a jury trial and compensation for court costs and attorneys' fees in addition to damages.

Celerina Mendoza, the mother of Edgar Mendoza, and Juan Mendoza, his uncle, allege that the city and police "knew or should have known" that officers were conducting high-speed pursuits "without due regard to the safety of citizens."

Ana Lucas Garcia, the mother of Aguilar, makes a similar argument in her lawsuit, saying the city failed to exercise reasonable care by engaging "in an activity that created a high likelihood of great harm to the person or property of others."

The Oct. 22, 2006, crash was the city's seventh high-speed pursuit in two weeks. Police chases had increased by 43 percent in a three-year period.

The city has said it will defend the actions of police, arguing they acted appropriately in the line of duty.

Blake Edward Young, the subject of the pursuit, escaped serious injury and is serving a prison term of 36 years on a conviction of second-degree murder.

In response to the accident, the Legislature passed a law co-sponsored by Rep. Charles Ross, R-Naches, that tacks on one year and a day of prison time if a driver is convicted of endangering the lives of others while fleeing police.


* Leah Beth Ward can be reached at 509-577-7626 or lward@yakimaherald.com.

 

 



Commentsicon2
Posted by lobo at 10/06/09 12:27AM        Post ID#: #14554

When I'm police chief, we'll shoot out the tires or ram any vehicle that tries to escape, before a pursuit ensues and endangers the lives of citizens all over town. YPD will be a force to be reckoned with, feared by criminals and respected by the law abiding citizens. No more of the Keystone cops that are culpable in the deaths of these young men and responsible for the widespread rise in crime across this once shining city. Before a meth addict and frequent car thief has a chance to steal one more car, we'll round em all up and hold them in a rehabilitation camp, so they won't be on the street in the first place.

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Posted by SelahResident at 10/06/09 04:30AM        Post ID#: #14561

(This comment has been removed by a Yakima Herald-Republic moderator)

Posted by christine at 10/06/09 05:29AM        Post ID#: #14566

I agree with the lawsuit. The police should have had officers ahead that were blocking off Nob Hill and 40th traffic, as well as traffic coming into town from the west side. Officers should have been headed that way with sirens blaring, forcing traffic to pull over. Had they done either, those boys would be alive today.

The area the accident took place at was near THREE schools, each with their own type of playing field open to students and the public. There is also a golf course and several small shops in that same area. Needless to say, this area is full of kids driving and walking to these areas.

I saw two patrol cars one Saturday morning with shotguns and pistols pulled for an elderly man in a fancy bright car. It was frightening and I was glad my child wasn't with me at the time.

I feel the YPD has gone overboard with the decisions they make regarding the public in general.

Mowing people down in the pursuit of justice is not serving and protecting our community. I support the lawsuit and hope all the families win. I was traumatized by the sound of the effects that day for many months later.

The safety of the community should come first, they had the ID on the vehicle and they could have and should have asked for backup instead of following in hot pursuit... hot dogging it doesn't always fly!

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Posted by listenup at 10/06/09 05:57AM        Post ID#: #14567

I hope these families get all the monetary damages and more! There was no good reason for the police to conduct a high speed chase in this case!!!

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Posted by Jay at 10/06/09 05:57AM        Post ID#: #14568

Once again Lobo shows he/she has no idea what the law really is. You can't shootout tires like the movies. Lobo should go hang out in North Korea b/c that's the only country that can do those type of things. laughable and uneducated answers.

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Posted by ChrisR at 10/06/09 06:14AM        Post ID#: #14571

Lobo
The boys who were killed were not running from the police. Reread that article. They were citizens who were in the wrong place at the wrong time when our local knights in shining amour decided to drive like the dukes of hazard. I hope that justice is done and the lawsuits are granted. I feel horrible for these families are their losses.

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Posted by huh at 10/06/09 06:42AM        Post ID#: #14574

OK, not to argue the right or wrong of the suit, the cupability of the YPD or any of that, but a discussion of the amounts would be in order. The idea is that the victim be compensated for the costs of the crime and the lost wages that the victim incurred. The survivors did not and will not lose any wage so who will receive the million plus dollars? If we are putting a price tag on a life, then the amount is trivial. Maybe the decision makers in the case should be the liable party and pretty soon only lobo will be available for the job.

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Posted by rabbit89 at 10/06/09 07:36AM        Post ID#: #14580

SelahResident...what the hell are you talking about ?? Did you not read the story right? These young men didnt die because they were fleeing from the police, someone ELSE was fleeing from the police and police were after them and there was a fatal wreck and these young men were in it. Wrong place at the wrong time. So I do not know what is wrong with your reading skills.

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Posted by christine at 10/06/09 07:46AM        Post ID#: #14581

The idea is that the YPD stop treating the public as though our safety doesn't matter when making decisions in pursuing criminals.

The driver of that car was being pursued, if I'm not mistaken, for burglary and GTA. Neither of those crimes require following an already identified vehicle with disregard to the safety of those ahead of the chase.

Officers have the means to communicate and someone should have been headed towards the areas where the public frequents most and the are of NOB HILL between 40 and 48.. than again the traffic entering town on NOB HILL from the west above 64th.

It would have taken two patrol cars for that, one traveling east, the other west... both on NOB HILL.

When they saw Nob Hill Blvd was coming into view, they should have ordered serious backup. If the cost of calling for backup outweights the safety of our children in what is a VERY common area FOR our kids, then they should have stopped the pursuit and found other means for an arrest... then added that one year and a day sentence to the crime of fleeing.

I feel the YPD felt a need to catch this person themselves. What IS the cost of a life??

Well, let's see, let's start with the 36 years given to the criminal and the cost we're now paying to house this man for murdering two youngs boys that he probably wouldn't have had the police not been trying so desperately to catch up with his vehicle. In my opinion, it became a matter of two vehicles trying to beat the other.

YPD needs to lose the "tough guy" attitude and really start wanting to do what's in the BEST interest of those who aren't out breaking laws. They could have caught him later. The initial crime wasn't worth the pursuit.

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Posted by Starman at 10/06/09 07:48AM        Post ID#: #14583

Slap on the hand justice for juvenile offeners is what caused this trajedy. The "touchy, touchy, feel good crowd" should pay the price. This kid learned this behavior from years of getting away with: but not murder.

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Posted by christine at 10/06/09 07:59AM        Post ID#: #14584

Those boys were on their way to play basketball, if I'm not mistaken. It was on a early Saturday afternoon. They were heading towards graduation. They were good kids. It was horrible that they had to be cut from the vehicle.

I lived on 44th ave right off Nob Hill at the time and it was a horrible the sounds that day. I believe it took some time to free those boys too.

What chance do our children have if the police are contributing to them being mowed down in the streets in what they claim to be justice.

Justice would be winning a lawsuit and hopefully the receivers doing something to honor them in a way that would also allow the community that remembers that day to honor them as well.

These were good boys trying to do well in a town that very few safe havens for our youth. Driving to play basketball with friends at a decent hour should not be life threatening let alone fatal.

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Posted by christine at 10/06/09 08:01AM        Post ID#: #14585

sorry about all my typos or misplaced words... I work nights and I'm tired. =)

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Posted by suzukiltr450 at 10/06/09 08:04AM        Post ID#: #14586

im imbarresed to live in yakima w/ such ingnorant people. quit trying to make an easy buck from society and do it the real way. IS SOMEONE REALLY TRYING TO BLAME THIS ON THE POLICE DEPARTMENT!!! are we forgeting that they were trying to protect us? come on people seriously? YES this was tragic for the family's but they need to look elsewhere for revenge!!!!!!!!

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Posted by christine at 10/06/09 08:13AM        Post ID#: #14587

It's called accountablity, not revenge.

How is driving through busy intersections in pursuit of some young burglar, car theif and endangering the public protecting us??

I don't know what the cost should be IF anything... getting it into court and holding irresponsible decision making on the part of the YPD should be addressed without a doubt!

Had these kids belonged to families with money, the tune would be different. I don't know the income of these people filing the lawsuit. In my opinion, that shouldn't be an issue. The focus should be on changing the way police pursue CERTAIN criminals and defininatly changing the way they view how they are keeping the community SAFE while in pursuit of catching these criminals.

The person running hadn't committed murder, it wasn't worth driving through that area in that manner. Randall Park is also in that same direct vacinity. It shouldn't be about a dollar amount, it should be about addressing the incident and changing policies that obviously failed to keep the community safe.

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Posted by Jay at 10/06/09 08:40AM        Post ID#: #14590

So a criminal makes the choice to drive like a maniac and kill people, and the cops are to blame? Wow. I could see this lawsuit being legit if it was a cop who hit the car- but it was a criminal who ran from the police, a criminal made the choice to drive all crazy and cause the crash, and its the criminal who is now serving prison time for his crime. Keep taking away the cops ability to enforce the laws, and you will have something new to complain about. I bet its fun for you folks to play Monday morning quarterback and sit in judgement. How about you go put your life on the line for an ungrateful community-then you can have something to complain about.

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Posted by huh at 10/06/09 09:01AM        Post ID#: #14594

OK accountability. That is a good thing but it does not equate to dollars, at least several millions of dollars that you and I do not have. It is the tax payer who is being punished here, not the police decision makers or those who may have gone off with out the benefit of a direction from the superiors in the PD.

Question then is, do we want to, need to, or are required to ruin the careers of the PD personnel?

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Posted by huh at 10/06/09 09:22AM        Post ID#: #14598

Another question. Why did it take 3 years for the families to decide that they needed millions to compensate themselves for the loss of their loved ones?

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Posted by blue at 10/06/09 09:27AM        Post ID#: #14599

(This comment has been removed by a Yakima Herald-Republic moderator)

Posted by wimpi at 10/06/09 09:38AM        Post ID#: #14603

LOBO
PLEASE TELL ME YOU'RE TELLING THE TRUTH!!!
Are you really in the running to be our next police chief?
From reading some of your posts, I think you could really heal the rift between all of our men and women in the police department and the position of chief. We haven't heard anything lately and I've been wondering, so that's why I jumped on your statement above.

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Posted by huh at 10/06/09 09:53AM        Post ID#: #14604

Naw, he's not politically correct (aka liberal enough)

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Posted by christine at 10/06/09 10:18AM        Post ID#: #14607

Blue,
I am not a liberal nor a supporter of crime.

There was another way to get that kid driving recklessly without the police being in hot pursuit.

The ONLY main intersection from Washington, which is the area the criminal was running from is NOB HILL!!

How can you not see that YES, warning could have been put up before heading reaching Nob Hill. That chase started way before Nob Hill and if the police were in the state of mind this criminal HAD to be caught right then and there... then they should have alerted that upcoming intersection which was NOB HILL.

You get off the crazy pills and stop labeling people.

YPD made a bad call and whether these people are granted any monetary damages or NOT, the issue of pursuit needs to be addressed.

Are you saying that criminal would have been driving down 48th at those speeds whether he was being chased or not??

Also, are you saying because they found marijuana and some paraphnelia in the car, they deserved to die???

The method the police chose that SUNDAY morning was wrong and it needs to be addressed... a lawsuit opens the process for that.

Why did they wait 3 years?? Ask an attorney not me, I'm only commenting on the method of pursuit and I am in agreement with a lawsuit going forward.

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Posted by christine at 10/06/09 10:22AM        Post ID#: #14608

Nor am I saying the police involved should have their careers destroyed.

IF that is the current policy of pursuit in circumstances like this, then we need to see that it's changed because it's proven not to benefit the community.

Yakima is not so congested that officers couldn't have been on hand in the Nob Hill area that mornig.

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Posted by wimpi at 10/06/09 10:35AM        Post ID#: #14611

I still wanna know if Lobo will be our chief

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Posted by huh at 10/06/09 10:44AM        Post ID#: #14612

Please correct this thought if it is incorrect, but the pursuit regulations have been changed. Now it is a matter of getting all the money you can and in the process ruin the police officers and supervisors. I have not been aware of any wrongful death suit that brought the dead back.

How much time did the entire chase take? Did a backup car or cars have time to make it to the area? Before we decry the police as being derelict, the possibility of other cars being available to aid needs to be addressed. If the nearest car was in Terrace Heights investigating a robbery, it is not reasonable to think that the chase be postponed until more cars were available to contain it.

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Posted by Drycrk84 at 10/06/09 10:48AM        Post ID#: #14613

Yakima PD should have done more to protect the citizens while on persuit of that chase. I don't know about shooting out tires but, this could have been prevented. I agree with the lawsuit. Very reckless actions by PD. If the families do eventually receive compensation, I hope they use some of it to help local youth who enjoy basketball, because these kids who were killed loved BB. Perhaps a foundation in memory of the two who lost their lives at the hands of the YPD. Yeah, that driver is just as responsible, but, YPD could have prevented this. Hold them accountable!

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Posted by christine at 10/06/09 11:17AM        Post ID#: #14617

I'd like to see the YH follow up with the new regulations on pursuits.

I'd also like to see the year and a day added to anyone that runs (on foot) from the law applied liberally and five times that for using a vehicle, which should be viewed as a weapon in the commission of crimes.

We have been far too lenient on sentences with petty offenders. They are continually in and out of the system until innocent people die and the community has to see, hear and pay for it. Had that criminal been given 3 or 5 years on his 3rd petty offense, he'd have been locked up or hopefully trying to learn a way of life outside of crime.

I wonder if a signal light system could be implemented that worked with the YPD and patrolling officers??

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Posted by huh at 10/06/09 11:21AM        Post ID#: #14618

The question still remains, who actually is being punished here? The cop(s) who actually were in pursuit of the one who caused the wreck? The one who caused the wreck? He got a long prison sentence. The police officers, supervisors or managers will not suffer a penny from their pocket. Only the tax payer of this city will suffer. And for what now that 3 years have elapsed? Will the city coughing up 5 million dollars help anything at this stage of the game? If it does, please enlighten us.

The thought of a memorial in memory of the two teenagers is a good thought. Maybe the city could sponsor a scholarship or maybe a BB tourney (the 3 man they hold every summer maybe) The memory could be for all who have been lost due to a lapse in judgement by someone, be it an employer, a parent or a law enforcement or city official. Then everyone would gain, no attorney would get richer and the city could hold it's head high saying that a mistake was made but we come together and make things better from a tragedy.

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Posted by thetruth at 10/06/09 11:27AM        Post ID#: #14619

So lets say that the cops DID stop chasing the speeding the car. Do you really think that the stolen car driver would say. "whew, that was close, I better go the speed limit again". Probably not. Then who would the family sue.
The owner of the stolen vehicle? Bottom line everyone lossed in this tragic turn of events.

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Posted by huh at 10/06/09 11:29AM        Post ID#: #14620

except for the lawyers!

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Posted by lobo at 10/06/09 12:44PM        Post ID#: #14630

ChrisR, I read the article. Your comment is intended for SelahResident, maybe you need to work on your reading comprehension and grammar.

Jay, The police can ram a car and shoot the driver if they are endangering life. At the time of this pursuit, this car was reported stolen, I think that is all that was known. YPD takes six hours to enter a stolen vehicle into the computer and several hours just to respond to a stolen vehicle call, why the pursuit of this magnitude over a stolen vehicle? This pursuit was very dangerous, the driver had already driven into oncoming traffic and endangered the general public to an extreme, during the middle of the day, not the typical 3AM and 3 block pursuit. 3/4 of the way through this pursuit, it passed the west precinct at the airport. How many XL cops were sitting in there with their feet up on the desk? They could have run out to 24th and Washington and shot Blake Young in the head. YPD could have just called off this excessively dangerous pursuit of a stolen car. YPD may have a policy to not put a $500 scratch on your precious $50,000 SUV's but there is no law preventing the Police from using deadly force against a criminal that is endangering the lives of police and citizens.

It's easy for YPD to sit around and say 'our hands are tied', the Legislature this and that. YPD needs some out of the box thinking and new leadership. They can reduce crime and make Yakima safe for the citizens again, with the existing laws and existing budget. Yes Wimpi I'm serious.

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Posted by meldawg at 10/06/09 02:14PM        Post ID#: #14639

half these comments arent acurate. the two angels that passed away that day were innocent, they were not the ones running from the police. i hope these families get what they are asking for and much more.

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Posted by wimpi at 10/06/09 02:28PM        Post ID#: #14640

I don't think any of this will get blamed on the cops or their supervisors, I think every judge in the nation probably has heard that all of our police officers are under a great deal of pressure in light of all the problems with our chief. When you have pressures coming at you that don't make any kind of sense it is amazing that they are managing to function at all.

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Posted by Jay at 10/06/09 02:46PM        Post ID#: #14641

Lobo, sorry to burst your bubble, but cops can NOT shoot someone for fleeing them. They can not shoot someone for driving a stolen car. If the cops just shot Blake in the head like you propose, the citizens of this town would be on fire- they freaked out when a cop shot a guy for attempting to stab him. So besides the fact that it would be totally illegal, the community would be even more outraged if they shot the criminal in this situation.

On a Sunday Morning the only cops working are the ones on patrol- no detectives "sitting with their feet up on a desk." Again, some actual great ideas, unfortunately unrealistic at the same time. And like another poster said, this thing lasted only a few minutes, not near enough time to set up a blockade like Christine suggested. Again, nice ideas- but unrealistic.

Sad thing is- even if this pursuit had been called off before the crash, people would still be blaming the cops. Or if the cops stopped the pursuit and didn't go after the guy-and he ends up hurting someone. You all would be pissed that the cops didn't do enough to prevent him from hurting someone. It's a damned if you do, damned if you don't. And that is for any police dept, not just Yakima.

Some cities have banned pursuits 100%- and their crime skyrockets. Its a sad and tragic story-but the man responsible is serving a prison sentence.

And for the record, I'm not a cop and I don't live in Yakima(anymore)-regardless, I know enough about both to understand the situation.

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Posted by lobo at 10/06/09 03:07PM        Post ID#: #14644

The police can use lethal force in a situation like this. They do it all the time in Spokane, Pierce and Snohomish Counties. From the small amount of video they've released (I'd like to see all of the dash cam videos from all YPD cars involved) it was out of control and Blake Young was using his stolen car as a weapon before the pursuit passed 16th & Washington. He then proceeded west on Washington in the oncoming lane. Why did a Moxee Police officer shoot at a driver on Rest Haven road during a YSO pursuit recently?

YPD looks for ways to not do their job. Speaking from personal experience, they do it well.

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Posted by WVResident at 10/06/09 03:29PM        Post ID#: #14647

What is sad about this whole thing is that lives were lost and instead of focusing these issues on the crazed REPEAT offender that was the cause of it all running from the police, those trying to stop him are being held accuntable! How crazy!
Think about this-what would we be saying to everyone out there if the crazier criminals get we back off and "just catch them later"! How stupid! This is not the message I want sent out.
Yes-don't get me wrong-it is very sad and tragic that they were in the wrong place and the wrong time... but just think of what could have happened if they backed off... there is still a good chance that this crazy guy would have killed someone else... he wasn't just driving around responsibly...

Just think-... Me for one... honors police for standing up and trying to stop him-we should be focusing on changing the punishments for these stupid actions... so that they aren't repeat offenders.

At a time when the city is already laying of people.. I don't think suing is really going to help the protection of the public...

All I ask is think before you speak!

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Posted by knowyourstuff at 10/06/09 03:44PM        Post ID#: #14648

Lobo, you have your bearings all jacked up. Why don't you re-read the article for the Moxee incident.

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Posted by realspeak at 10/06/09 04:54PM        Post ID#: #14650

I have met the families of the these kids, its is a sad event. But those (bloggers)readers who are blaming police now for this....let see if you like the following scenerio.


The following is only an example, in no way do I wish either people harm.

Police call off the chase, the guy never runs into these young men...but later he kills "Christine" family while robbing a house or shoots "knowyourstuff".....Then it would be "WHERE WERE THE POLICE!!??"

Its all relative.....

Accidents happen. No right no wrong.

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Posted by christine at 10/06/09 05:28PM        Post ID#: #14654

Since the criminal wasn't a murderer at the time he was trying to escape, I seriously doubt he'd have ended up robbing and killing myself or any members of my family.


I'd have suggested the chase wasn't continued once he'd turned onto 48th and the ONLY intersection he'd have to FLY through was Nob Hill.

I've watched police chases where YES, residential areas were alerted ahead of time. I've seen the YPD in action and where the decisions they made in the pursuit of justice was WRONG!!

The criminal that ran that morning was not a danger to any one persons life UNTIL he was trying to get away. I'm sure prints were left where he'd just came from. The car was IDed, his route of escape was limited. The Sherriff's could have been called in as well as the State Patrols in the event he'd made it to the freeways.

This chase went on for some time before they were headed towards Nob Hill and just because it was Summer (when schools were out) and on a Sunday (when most are home or in church), the area is still known for activities that bring in our youth as well as morning golfers.

It was a reckles call on the part of the officers in pursuit. IF they stand behind that call and insist they made no errors in that arrest, then I think they should be replaced. It's the Judge who decides sentences, not the YPD.

The fact remains that 2 deaths resulted in this arrest. I do NOT believe that criminal would have been traveling at those speeds and running red lights had he not had the YPD chasing him in that particular manner.
I'm not saying let these types of criminals go completely, I'm saying find a way to arrest them that doesn't jeopordize the lives of innocent people.

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Posted by christine at 10/06/09 05:34PM        Post ID#: #14655

Ok.. I see that it wasn't during a SUMMER school break that this event took place.

I stand corrected.

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Posted by Desert_Rover at 10/06/09 06:11PM        Post ID#: #14657

You know, I only have but one question to ask you folks that are so adimate about holding the YPD's feet to the fire. Have you ever worked a day of law enforcement in your lifes?

It just so happens that I have and do. While I do not agree with the procedures that took place, to an extent agree with what some of you are saying in the sense that they already had the vehicle identified... stop the persuit... and start a casual search. GOT IT! But seriously, some of you guys are expecting the PD to be Super Heros that do no wrong and can fight crime on every aching corner of the planet. Set up blockades all along 40th and Nob Hill? Sure, let's do that... because every persuit is always going to be on the most main and direct route home?! Seriously, think about what you're saying. Do you for one second honestly think that they knew where this chase would end up? That they knew that "hey, be at 40th and Nob Hill in thirty seconds!"? Highly unlikely. Not to mention to pull off a procedure like that, is almost impossible with a limited man power like Yakima.

But to help get back to the valid arguments that some of you hold; you are absoultely right. The persuit should have been terminated almost immediately, and the initiating officer should have thought twice about what he/she was doing. Most PD's have really good SOP's on persuits, especially when it comes to being in a congested city area and I wouldn't be suprised if YPD's SOP was violated to every extreme. I'd be willing to bet my next pay check by saying that there's a new and more strict SOP on persuits by now.

For those agreeing with the lawsuit, you have every right to agree or disagree. I personally disagree with it. No doubt is this a very very misfortunate case of a wrong place/wrong time scenario. My deepest condolences go out to the families. But I will leave off in saying this: If the money is awarded to the families, it is going to come out of you, the Taxpayers pocket in the end. Naturally it will affect the PD in funding, but guess what? That's only going to make matters worse, but cutting emphasis on patrols, man power, equipment, and so forth. Heck, with less man power... now they're going to be even LESS able to set up those Road Blocks you guys were so hyped up over! Then those same folks that are all about the families getting the money are going to be the same ones asking why their streets and community is going to crap because the crime rate has risen and the city doesn't look as nice as it once used to.

My personal opinion, hold the shift supervisor accountable with his/her job, and let it settle there. It will not do the community any justice to go through with this lawsuit in my personal opinion.

Again, my deepest condolences go out to those families that are obviously still grieving 2 years later. I just wish they could be a little more reasonable about things, because the money isn't going to make the pain better in the end. Just ask one of the thousands of parents, husbands, and wives that lost their loved ones in Iraq and Afghanistan.

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Posted by wimpi at 10/06/09 06:49PM        Post ID#: #14658

Desert Rover
You are right, they do expect the police to be super heroes, but hardly anyone has the guts to say anything about that goofy chief.

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Posted by JOHNNYMOSS at 10/06/09 07:53PM        Post ID#: #14660

To all who think the police shouldn't pursue,

If the policy is for the police not to pursue, how would that save lives?!?! Criminals would know that all they have to do is put the pedal to the floor when a police officer pulls behind them, even if they were just speeding or ran a stop sign. It says to the criminals "please stop", I'm sure that would work!

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Posted by ChrisR at 10/06/09 09:25PM        Post ID#: #14665

Lobo
Sorry..I stand corrected. That rebuttal was intended for SelahResident.

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Posted by christine at 10/07/09 12:00AM        Post ID#: #14668

Thank Desert Rover for your response and honest opinion. I do value the work the YPD does for our community. I know they are understaffed and over burdened with these petty crimes that escalate into serious offenses. I understand the frustration of having to give chase in situations like this one.

Yes, it is unrealistic to have barracades up during a high speed chase. It's more unrealistic to expect to give chase through that intersection and the upcoming traffic without expecting an accident to occur. Since 48th is without intersections from Washington to Nob Hill, it would seem to me, that would be enough time to decide whether or not to pursue this criminal.

So, what we have NOW is:
The policy for pursuits has already been changed and there is no rise in escapes or criminals thinking they can commit a crime while our YPD sits and is forced to do nothing.

YPD is an agreement that the chase should have been stopped yet the paper stated the city will support those actions?? Maybe this is why the lawsuit needs to go forward.

It doesn't sound like any person has been held accountable for the decisions that were made that day in regards to getting that arrest that YES, caused the death of two innocent people.
Saying the criminal is in prison now for 36 years (which btw, the taxpayer is paying as well), does not suffice someone in charge TAKING responsibility for a poor decision made on that day that caused death and trauma to those the YPD has sworn to serve and protect.

I doubt there would be a basis for a lawsuit IF the families and the community knew that someone had already been held accountable for or taken responsibity for those POOR decisions made that fatal morning.

It's easy to say those boys were in the wrong place at the wrong time and just disregard the day as a horrible accident. That's not the case here.

Those boys were on the road taking their LEGAL turn at a GREEN light. By law, they were right where they were supposed to be.

Heads rolled, lives were shattered and those GUILTY NEED to be HELD accountable. IF they won't step up to the plate and take the responsibility for their decions on making that arrest then it's the YPD burdening the taxpayer, not the families.


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Posted by SelahResident at 10/07/09 05:23AM        Post ID#: #14673

(This comment has been removed by a Yakima Herald-Republic moderator)

Posted by Jay at 10/07/09 06:48AM        Post ID#: #14677

Lobo you are wrong about the deadly force. I highly suggest you go do some research and become better educated before you start spouting off. I currently live in on of those areas you mentioned and they absolutely do not use deadly force during a car chase unless the person is directly attempting to run over the officer. Read about the most recent event in Kennewick, and even then the community is outraged at the shooting-Just like I said here- no matter the outcome the community will always find a way to gripe and complain about the cops. A bunch of ungrateful citizens-reminds me of how ungrateful they are towards our soldiers too. Its sad.

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Posted by christine at 10/07/09 07:32AM        Post ID#: #14682

Yea, my son is a soldier and recently returned from Iraq. Some of you people need to stop labeling and calling people names.

A decision was made that cost the lives of innocent people. My son is a Sergeant and had he made decisions where innocent people were killed in WAR, he'd be held accountable too!!

Give it a rest... someone from the YPD should have stepped forward already. Instead they've hid behind the people of Yakima and it's the people who will pay in the end. If not with danger from criminals than danger from the very force WE PAY to serve and protect.

This is ONE case where the YPD screwed up and refuse to take any responsiblity for.

That is why lawsuits even get started.

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Posted by suzukiltr450 at 10/07/09 07:54AM        Post ID#: #14685

christine why don't you keep blaming the PD for not haveing enough officers to help out and protect the public, when in fact it was us as a community who voted not to kick them extra funds to supoort them. now the PD cannot pay for extra officers. Its people like you that blame all your problems on the police and make them look bad. and then when your house gets robbed you blame them for not responding soon enough. The police are there to serve and protect, yes they are people. so let me get this straight. you think the cops should have backed off and let this guy get away? who do you support more crime or law. the more restrictions you put on the cops the more freedom the criminal gets.

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Posted by suzukiltr450 at 10/07/09 07:58AM        Post ID#: #14686

oh by the way i would rather pay to destroy the life of a criminal by putting him behind bars. oh and christine the relatives of the kids are'nt sueing the pd they are suing YOU and everyone else that pay taxes to support the police department.

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Posted by Desert_Rover at 10/07/09 08:37AM        Post ID#: #14687

I also, am a Sergeant in The United States Army, and the Military Police Corps at that. That is why I say hold the supervisor accountable. I also just recently returned from Iraq. Believe it or not, we take alot of measures to mitigate risks to where innocent people are not harmed. The second an innocent by stander is put in harm's way, the supervisor in charge of the operation or mission is going to be at somebody's desk - answering questions.

While in the States and other non deployable units as an MP, we conduct Guard Mount every day prior to shift. This ensures that the SOP's and any changes to the SOP's are refreshed and put out. Redundant, yes, but it helps keep the shift fresh on their game. The same applies to a deployment mission. We never left outside the wire without checking our soldiers, equipment, vehicles, and ammo. This happened daily. From there, we went over any possible scenario that could have happened that day while out on mission. This took up to an hour to an hour and a half each morning, but it paid off. We brought back each and every soldier and while our missions were not risk free, not a single innocent person was harmed in any of our operations.

There are preventative measures, it's just a matter of willingness to be prepared for the worst, and hope for the best.

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Posted by rabbit89 at 10/07/09 09:58AM        Post ID#: #14692

SelahResident, Once again you prove you have no reading skills. Did you read anywhere in my comment that I blame the police ? What I said, was the the young mens in the fatal wreck were not running from the police. I was correcting your statement. That was all. I had no comment on the police or who to blame.

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Posted by christine at 10/07/09 11:48AM        Post ID#: #14700

Thank you again Desert Rover. It's men like you and my son who want to keep those innocent people alive that receive honorable mentions for their performances in high risk assignments. My son wants to be an officer too.

Suz.. that criminal was not worth the pursuit. Are you suggesting we allow any type of behavior to take place because a non-violent offender has eluded the police but has already been IDed?? Maybe that's why the votes didn't pass to get more police.

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Posted by Jay at 10/07/09 12:00PM        Post ID#: #14701

Lobo, go read up on Tennesee V Garner case from 1985- that is why the cops can't shoot a fleeing felon. The issue in Moxee was when the suspect was attempting to run over the officer. hey, give you props for nice idea, but the US Supreme Court disagrees.

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Posted by lobo at 10/07/09 09:31PM        Post ID#: #14722

Jay, Tennessee (note spelling) Vs. Garner is not relevant to this case. The police in that case shot an unarmed man as he was climbing a fence. In the Blake Young pursuit, he used his car as a weapon aimed towards the general public and he should have been stopped with any force necessary (PIT maneuver, rammed by patrol car, shotgun blast to tires, bullets to head, etc...) before three lives were destroyed. Big difference.

Tennessee v. Garner: when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.





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