South Carolina police, battling critics’ charges of favoritism,
soon will change the way they investigate law enforcement chases
that lead to wrecks.
The Highway Patrol now will require an outside agency to
investigate wrecks that result when troopers chase suspects, an
internal memo shows.
And sheriffs are likely to follow the patrol’s lead and also
require independent investigations of wrecks involving local and
county police, said S.C. Sheriffs’ Association director Jeff
Moore.
The association’s board on Wednesday asked state lawmakers to
clarify language in the 1994 law, which governs who investigates
such crashes.
In a September article in The State, critics complained the law
was being misinterpreted. Misuse of the law allowed troopers and
local police to investigate many of their own crashes, they
said.
That interpretation had allowed Forest Acres police, for example,
to investigate their own conduct in a May 27 chase that ended in the
death of Beverly Meyers, a passenger in a car that was struck by a
car being driven by a suspect who was fleeing police.
The patrol’s new policy means troopers must call independent
investigators from sheriffs’ departments for wrecks resulting from
patrol chases — even when there is no impact with a cruiser.
Until an Oct. 7 memo from patrol commander Col. Russell Roark,
troopers could investigate themselves as long as their cruisers did
not strike another car or property.
Roark said in a Sept. 14 news article that the 9-year-old law did
not apply unless there was direct contact by a law enforcement
vehicle. Most sheriffs shared that view, Moore said, leaving untold
numbers of wrecks improperly investigated.
The law was designed to protect the public from biased
investigations or the appearance of bias, said Larry Richter, who
wrote the law when he was a state senator.
Violating the 1994 law is considered misconduct, and officers can
be removed from office.
Richter, other legislators and four opinions by the state
Attorney General said the way law enforcement had been interpreting
the law was wrong.
The patrol’s new policy does not address wrecks involving local
law enforcement agencies.
But the Sheriffs’ Association endorsement to change the law and
the patrol’s new policy are likely to result in new practices across
the state, Moore said.
Roark said this week his directive is not a change. “It’s more of
a reissuing of what we’ve been doing.”
But his Oct. 7 directive to patrol leaders around the state
called for a “change in the manner in which we investigate” wrecks
resulting from police chases.
A second memo, dated Oct. 14 — a day after The State asked about
the new policy — removed the word “change” and said the directive
was an effort “to remind troopers of the manner in which we
investigate collisions.”
The State learned of the two memos this week.
Roark’s memo “clearly modifies” what the patrol has been doing,
Richter said Wednesday.
“Maybe the reminder is reminding the patrol that the patrol
policy is now changed,” he said.
The change brings the patrol in line with the spirit of the law,
said Richter, a former judge and now a Charleston attorney.
Sen. Phil Leventis, D-Sumter, also has criticized how the patrol
interpreted the law he helped write.
“The ordinary citizen like myself would say, ‘Gee, that looks
like a change.’”
What’s important, he said, is that now “they’ve got it
right.”
Leventis and Richter said they hope all police agencies do as the
patrol has done.
If the new policy had been in effect, the Forest Acres Police
Department would not be investigating its own conduct in the May 27
chase that resulted in Meyers’ death.
Meyers, 50, was killed when a Pontiac ran a stop sign while
police chased the driver, a suspected check counterfeiter.
The lawyer for her estate could not be reached Wednesday.
Forest Acres Chief Gene Sealy also could not be reached. Mayor
Frank Brunson said he doubted the patrol’s policy change would
affect the Meyers investigation.
The dispute over interpretation of the law comes down to the
meaning of the word, “involved.” The statute mandates independent
investigations when a law enforcement vehicle is “involved in a
traffic collision.”
The patrol had read that to mean the police vehicle had to hit
another object. “It’s always been our opinion that unless there’s
contact between the officer’s vehicle and the violator’s vehicle,
then we’re not bound by the statute,” Roark said in the Sept. 14
State article.
Reach LeBlanc at (803) 771-8664 or cleblanc@thestate.com.