Bill clarifies
rules for wrecks involving police Measure to ensure fair investigations nears passage in
S.C. Legislature By CLIF
LeBLANC Staff
Writer
A bill that would strengthen independent investigations of police
officers involved in traffic collisions is close to passage in the
Legislature, its backers said Thursday.
The bill more clearly spells out when and how outside agencies
must investigate such wrecks.
“This is a much-needed improvement,” Sen. Brad Hutto,
D-Orangeburg, said of the bill that is intended to stop the
widespread practice of police not applying a 1994 law designed to
prevent the appearance of favoritism for law enforcement over
private motorists.
Starting with the Highway Patrol, which investigates more wrecks
than local agencies, police interpreted the 10-year-old law to apply
only when law enforcement vehicles make physical contact with
another vehicle or property.
That exempted wrecks resulting from police chases when the
cruiser did not strike anything but the pursuit led to a
collision.
Such a situation occurred last year when Beverly Meyers 50, died
after a Forest Acres police chase.
An inquiry by The State newspaper into the circumstances of
Meyers’ May 27, 2003, death led to questions about the objectivity
of police investigations.
Forest Acres police chased a suspected check counterfeiter
through a neighborhood at speeds up to 65 mph. The suspect ran a
stop sign and struck a car in which Meyers was riding.
Because a Forest Acres cruiser did not strike the station wagon
carrying Meyers, the Highway Patrol declined to investigate, citing
its interpretation of the law, said Jeff Moore, director of the S.C.
Sheriffs’ Association. The association supports changing the
law.
That left the Forest Acres Police Department to investigate its
own officers’ conduct. It subsequently cleared them, but has not
disclosed its findings, Chief Gene Sealy said. Pursuit policy
changes are being considered.
Critics — including the author of the original law, then-Sen.
Larry Richter, and the attorney general’s office — said the patrol
and other police agencies have been misinterpreting the law.
To settle the dispute, sheriffs around the state pushed for the
current bill.
It flew through the House with barely an objection, said Rep. Jim
Harrison, R-Richland, chairman of the House Judiciary Committee.
A Senate Judiciary subcommittee narrowed the scope of the bill,
which has received two of three required votes in the Senate.
A final Senate vote could occur next week. But the House must
approve the Senate’s changes. Supporters are optimistic the bill
will pass.
Sealy, the Forest Acres chief, said he supports the bill because
it clarifies when an independent investigation must occur and
mandates taking statements from witnesses who saw the collision but
were not involved in it.
Those witnesses would become watchdogs for police misconduct, he
said.
This week, supporters plan to merge the proposal with two other
law enforcement bills in order to get them approved in the waning
days of the session, according to Hutto, Moore, and Laura Hudson of
the state crime victim advocates’ organization.
“We’re not doing this to kill this bill,” Hutto said of
piggybacking the legislation.
Highway Patrol spokesman Sid Gaulden said the agency would
discuss the legislation only if it becomes law.
Moore said sheriffs have taken a public position to improve the
widely misunderstood 1994 law and plan to see the legislation
through.
“I don’t intend to let (the bill) die,” said Moore, who doubles
as lobbyist for the state’s 46 sheriffs. “It’s too important.”
Independent investigations provide credibility that police are
not treated differently from private motorists, Moore said.
Sen. Larry Martin, R-Pickens, won a change in the House-passed
version, which he said was too broad.
The House wanted to ban police from investigating their own
wrecks when the collision occurred during “a police action.”
Martin said defense attorneys could twist that broad term.
Lawyers could blame their clients’ erratic driving, Martin said, on
a police action triggered merely by a “be-on-the-lookout” bulletin
for suspects.
“I just want to make sure we’re not creating a trap for law
enforcement,” said Martin, who chairs the Senate subcommittee that
reviewed the bill.
The proposed law also requires police to question witnesses who
see police-involved wrecks.
Meyers’ daughter, Renee Kozlowski, is surprised by that
provision, though she supports the bill.
“Why does it even have to be in the law?” Kozlowski asked of the
witness-questioning provision. “I would think that would be a
given.”
Still, she said, “I’m glad that finally — if this is what it has
to come to — that it is spelled out who has to investigate and what
they have to do when the police are involved and the collision leads
to a death.”
Kozlowski said the 21-year sentence that motorist Andre Roach
received in her mother’s death helped the family heal.
But she resents Forest Acres police for chasing a nonviolent
offender.
“They knew where this man lived. They had his license plate. They
knew his rap sheet.
“It just seems their persona is like cowboys and Indians,”
Kozlowski said. “They need to pull back.”
Longtime crime victim advocate Hudson accepts the altered version
of the bill, which she said has “much stronger language.”
But, “I don’t think it goes quite far enough. I think there needs
to be another bill that covers other actions by law enforcement
(besides pursuits). That may be another bill for next year.”
Reach LeBlanc at (803) 771-8664 or cleblanc@thestate.com. |