By T.J. Wilham
Albuquerque Journal
Bernalillo County Sheriff Darren White says he has “serious” concerns about a pursuit involving one of his deputies that ended with a suspect crashing into a car carrying an elderly couple.
Former State Police Officer and World War II fighter pilot Leo Baca, 86, died when Jason Butner, a felon running from police, allegedly ran a red light and rammed his car.
White said that he has suspended part of his department’s pursuit policy that allows deputies to chase suspects who are driving recklessly and that, at this point, deputies will only be able to pursue violent felons.
Sheriff’s officials said that, before the pursuit that ended in Baca’s death, Deputy Rubel Tafoya did not witness Butner commit a felony, nor did he know who the driver was.
“It would be inappropriate for me right now to make any determination on whether this pursuit followed our policy,” White said. “From what I have heard thus far, I have serious concerns. But, I have to let this investigation take its course. In the meantime, I also have to take steps to make sure there is no confusion over what con- stitutes a permissible pursuit under our policy.”
Under department policy adopted in February 2004, deputies can pursue vehicles if the driver is suspected of a violent felony or is driving in a manner that compromises public safety.
However, if the chase creates a danger to the public, the chase is supposed to be terminated.
According to police reports, Tafoya saw a Honda Civic speeding through the Econo Lodge parking lot in the 13200 block of East Central early Monday morning.
The Honda turned onto Central without stopping, causing the vehicle to lose traction. The deputy caught up with the vehicle and turned on his lights and sirens.
Instead of stopping, the Honda sped up, reaching speeds of 50 mph. It turned five times, running at least one stop sign before it turned onto Juan Tabo.
While on Juan Tabo, it made an erratic U-turn, accelerated to 70 mph, and ran through two red lights before it crashed into Baca’s car.
The pursuit lasted about 2½ minutes.
According to dispatch tapes, Tafoya’s supervisor got on the radio and asked about the conditions of the pursuit.
Officials said the supervisor was trying to determine whether to call off the pursuit, but the crash occurred before a decision was made. White said an internal affairs investigation is under way. Tafoya was put on administrative leave for a day and has since gone on vacation. White said Tafoya will go back to work when he returns. Tafoya joined the Sheriff’s Department about a year ago. He had previously worked for
‘Can’t have confusion’
the Santa Fe County Sheriff’s Department.
Since the chase policy was adopted five years, there has been some confusion about when pursuits are allowed.
About two years ago, sheriff ‘s off icials noticed an increase in the number of pursuits and the number of deputies being disciplined.
Deputies were misinterpreting part of the policy that allowed them to chase people who drove in a manner that compromises public safety, which is the part of the policy White is suspending.
The Sheriff’s Department brought in a national expert to go over the policy and train deputies on how to determine what constitutes a danger to public safety. The department also started conducting reviews of all of its pursuits.
Several deputies have been disciplined for not following the policy, White said.
Sheriff’s officials also said that, before Monday’s crash, they had planned to conduct another pursuit training session with all deputies in July.
White said he planned to redraft the policy so there was no confusion.
“We have to have an effective policy that balances the needs of fleeing suspects and, most importantly, the responsibility of law enforcement to protect the safety of the public,” White said. “We cannot have any confusion on that.”
Butner has been charged with homicide by vehicle, aggravated fleeing from law enforcement, receiving or transferring a stolen motor vehicle, being a felon in possession of a firearm and leaving the scene of an accident causing death.
He is being held in jail without bond.
Copyright 2009 Albuquerque Journal