Posted on Fri, May. 21, 2004
PUBLIC SAFETY

Bill clarifies police wreck probes


Knight Ridder

A bill that would strengthen independent investigations of police officers involved in traffic collisions is close to passage in the General Assembly, 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.

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 crash.

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.

That left the Forest Acres Police Department to investigate its own officers' conduct. It 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 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.

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.

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 1994 law.

Independent investigations provide credibility that police are not treated differently from private motorists, Moore said.





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