After fatal hit-and-run accident, San Diego police’s pursuit policy could change

SAN DIEGO (FOX 5/KUSI) – New data from a citizen oversight panel is calling for sweeping changes at the San Diego Police Department, particularly with regard to police pursuit policies.

The call for change is accompanied by the powerful testimony of a family who lost their two sons in December when a police chase ended in a fatal hit-and-run accident.

“It’s not worth the loss we’re taking,” said a lawyer for the family affected by the fatal chase that left two children dead in Mountain View. The family of 8-year-old Malakai and 4-year-old Mason are now questioning current police policies.

“This shows a lack of respect and recklessness, they don’t care about these communities,” said a lawyer. The family appeared before the Commission on Police Practices in tears on Wednesday.

Her mother was wearing braces. She and her children were in the car that was hit by a driver who was trying to elude police at over 100 miles per hour.

“This family is grieving; there are families standing by their side. We grieve for all of them and we want justice for all,” said Francine Maxwell, an Encanto resident.

The deadly end to the chase has prompted a new proposal to limit chases to incidents involving violent crime. Data from 2019 through this year shows the SDPD has conducted over 1,000 chases, over 60% of which were for a misdemeanor.

38% of all police chases involved people of Latino descent, 22% were black, 16% were white, and just under 5% were Asian.

“The data was neither surprising nor alarming, as such reports have been made before,” Maxwell added.

In a statement, the San Diego Police Officers Association said:

“The SDPD’s pursuit policy in its current form is a proven method of limiting, monitoring, and apprehending suspects during a chase. Other cities have tried policies like the one proposed by the CPP and failed. Most recently, San Francisco followed the will of voters with a less restrictive policy than the one proposed by the CPP and gave police officers more latitude in pursuing offenders. This was a direct result of failed pro-crime policies that voters across California reject due to rising crime. The CPP’s position is radical and unacceptable to the rule of law.”

San Diego Police Officers Association

The 15-page document outlines SDPD’s current pursuit practices. The department says the policies are designed to maximize the effectiveness of pursuits while protecting the public and officers.

“Nobody has implemented the recommendations, they have not been changed for some time,” Maxwell said.

As the commission left the meeting on Wednesday, it left this message for the grieving family: “We are very sorry for your loss and will work on this again this time. Thank you for being here and I am so sorry.”

The commission is also working to strengthen oversight, establish a pursuit review board and create rigorous training and review processes. It plans to present the recommendations to the new police chief, who will then have 30 days to respond.