Just Say ‘No’ to Needlessly Dangerous Police Pursuits for Mere Infractions

By Gloria Tran / Op-Ed San Diego Union-Tribune / December 4, 2024

Loss of life: Mason Orozco-Romero, 4 years old; Malikai Orozco-Romero, 8 years old; Officer Austin Machitar, 30 years old; and Edgar Giovanny Oviedo, 16 years old. Critical injuries: Officer Zachary Martinez, 27 years old.

These four lives were tragically cut short, and one changed forever, after police pursuits led to violent crashes in San Diego in the last few months. Each life lost is horrific irrespective of the circumstances. While the actions of those being chased contribute to these tragedies, it’s our duty to evaluate these incidents holistically to protect the safety of both civilians and officers. Could these lives have been saved? No one will ever know. However, the Commission on Police Practices —  which I chair — hopes to make San Diego streets safer for residents and officers.

It’s indisputable that police pursuits have inherent dangers. Are law enforcement chases necessary? At times, yes, when there is an imminent threat to public safety. The concern is whether or not the risk is worth the offense. For example, if a murder suspect is spotted and police attempt to apprehend the suspect but the individual speeds off, common sense leads to the conclusion that a pursuit is essential.

One could argue that a driver who is pulled over for a mere infraction will not attempt to elude officers if the driver has nothing to hide. Perhaps such drivers are young, foolish or afraid of their parents. Sadly, for some residents, it is the understandable fear of the officers themselves that could prompt a driver to attempt to escape. We cannot know why someone drives off. What we can do is establish policies that limit the danger to innocent residents and police.

After extensive research and data analysis, the Commission on Police Practices has determined there are many times the answer to the question “Is a pursuit necessary?” is a resounding “No.”

The numbers tell the story. San Diego Police Department data shows that from 2019 through 2024, nearly 61% of pursuits were initiated due to an infraction, a minor violation, such as an expired registration or tailgating. A non-working headlight led to the high-speed pursuit resulting in the deadly crash that killed Mason and Malikai, according to published reports.

The disparity in policing is stark when reviewing the demographics of pursuits, which increases mistrust between communities of color and police. Removing infractions as a reason to initiate pursuits may help ease this imbalance, as one of the Commission on Police Practices’ goals is safe and equitable policing.

According to the latest Census, Black individuals make up nearly 6% of the population in the city. However, in the last five years, 22.6% of pursuits by San Diego police were of Black drivers. Hispanic individuals make up 30% of the population; 38.4% of pursuits involved Hispanic drivers. White individuals make up 54.5% of the population, yet 16.3% of pursuits were of White drivers.

Statistics show that pursuits on surface streets frequently averaged more than 50 miles per hour, often reaching 80-plus miles per hour and even topping 100.

Among the Commission on Police Practices’ nine recommendations to amend the current San Diego Police Department Pursuit Policy are the following: Do not initiate pursuits for infractions. As noted above, that would eliminate nearly 61% of pursuits in the city. Amend the purpose of the Pursuit Policy to focus on public and officer safety instead of just legal liability. Establish a Vehicle Pursuit Review Board that would evaluate pursuit data in an effort to advance safer practices.

For the complete list of recommendations, please visit the commission’s website at sandiego.gov/cpp/cpp-recommendations.

The recommendations are sensible modifications to the current policy and put safety at the forefront. The Commission on Police Practices supports the department in arresting criminals, however, not at the cost of high-speed pursuits over minor infractions, which have led to tragedy. Maybe the legacy of the lives lost could be a positive change in policing.

The Commission on Police Practices urges Chief Scott Wahl to accept the recommendations as a constructive blueprint to foster a safer, more equitable community. By embracing innovative and evidence-based strategies, we can enhance safety on our streets while ensuring our approach is empathetic and inclusive. The Commission on Police Practices and San Diego Police Department have a shared goal: a safer San Diego for residents and officers.

Tran is chair of the city of San Diego’s Commission on Police Practices and lives in San Diego.

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