McCracken Sheriff Responds to Ruling on Pursuits

McCracken County Sheriff Matt Carter says a recent ruling by the Kentucky Supreme Court that law enforcement agencies can be sued for damages when a pursuit leads to death or injury will have little effect on how his deputies conduct chases.

The court's 6-1 ruling on June 14 overturned a decision in 1952 that gave immunity to officers involved in chases. That case was brought by the children of Luis Gonzalez, who died in Scott County along with a passenger after a fleeing suspect crashed head-on into his vehicle.

Carter said the ruling will not impact the department's policies regarding pursuits.

"You could be sued in federal court for a long time, so to say that this alters or changes what we do or how we conduct business would really be unfair. I don't see making any alterations based upon the Kentucky Supreme Court ruling in how we operate." He said.

Carter added that there have been very few incidents involving his agency in which people have been injured during pursuits. 

"We put probably on average of about 25 to 30000 miles on our vehicles a year and you multiply that by 25 patrol units that's a that's a lot of miles that are driven and fortunately we have very very few incidents." He said.

Carter said his ultimate goal is to have zero injuries to the public and his deputies, but he said that goal will be difficult to achieve given the nature of the job.

"There's a multitude of things that that have to be decided in split second decisions, and the unfortunate reality is we are human beings just like anyone else," Carter said. "To make the 100 percent right decision 100 percent of the time would require you to have to be able to predict the future, and that's something that's not capable for anyone."

When encountering police pursuits, Carter said there are some simple things drivers can do to help avoid problems.

"The quicker that you can slow your vehicle to get to the shoulder and come to a stop to provide an avenue for law enforcement or ambulances or any emergency responders to be able to have access is the most important thing you can do." He said.

There are many factors to consider when making the tough decision to continue chasing a fleeing suspect or to call off the pursuit, according to Carter. He said the main focus has been and will continue to be the safety of the public.

"We have always, and we will continue to maintain the public's safety as our number one priority. When you are chasing an individual, and the risk to the public starts to outweigh apprehending that individual, you have to discontinue that pursuit," Carter said. "We will certainly continue to use that short simple model as a way to determine when you stay engaged or you disengage."