KIA CHASE AFTER ROBBERY ENDS IN CRASH 2009
A grand jury this week criticized the Bradford County Sheriff's Office for endangering the public during a deadly car chase in February because it had no policy in force on when and how to enter into a high-speed chase.VEHICLE PURSUIT POLICYThe sheriff recently adopted a car-chase policy but said the policy provides guidelines, not absolute rules.Robbery suspect James Lester Estes, 46, of Fairbanks died at the end of the chase on Feb. 3 when he was shot in the head and crashed the sport utility vehicle he had been driving after crossing into Alachua County.The Bradford County grand jury - like an Alachua County grand jury before it - ruled that the actions of the officers chasing Estes were lawful.In its presentment, the Bradford County grand jury said, "We discourage such a chase and use of deadly force unless absolutely necessary."The grand jury went on to write: "The circumstances involved in this incident put innocent people in harm's way, in part because there were no effective policies regarding pursuit situations in force at the Bradford County Sheriff's Office at the time."Estes, a suspect in a robbery at a Bradford County convenience store earlier that day, led law enforcement officers in the chase from Bradford County to County Road 225 and County Road 1475 in northern Alachua County.During the pursuit, Estes led officers through Starke and onto U.S. 301. Speeds at the time reached about 80 mph. Efforts to stop Estes by using techniques such as stop sticks - to deflate the tires on his car - failed because he unexpectedly turned onto side roads during the chase.Shots were fired at Estes both on U.S. 301 and shortly before he crashed in Alachua County.State Attorney Bill Cervone said Estes was hit by one bullet in the back of the head, causing him to lose control of the SUV he was driving and crash.Bradford County Sheriff Gordon Smith and Capt. Eddie Boatwright both fired at Estes or his vehicle during the pursuit.Smith previously said he fired when he was trying to direct traffic away from Estes' route on CR 229 and the man "made the move to come directly at me."Boatwright was riding with another officer and shot at Estes and his vehicle on U.S. 301 in Bradford County and just before Estes crashed in Alachua County.Smith, who had been in office about 20 days when the shooting occurred, said a pursuit policy adopted by the previous sheriff's administration in August apparently had not been widely distributed and was found on a CD on a lieutenant's desk.Former Bradford Sheriff Bob Milner disputed Smith's recollection. On Wednesday afternoon, Milner told The Sun he had put a policy into place when he first took office in January 1993 and that the policy was continually reviewed and updated like other policies at the agency.The car-chase policy that's now in place for the Bradford Sheriff's Office is similar to the policy at the Alachua County Sheriff's Office as well as policies at several other law enforcement agencies across North Central Florida.The grand jury noted that Smith recently had put a pursuit policy in place and urged the sheriff and his deputies to remember that the key to responding to similar future events "is the exercise of good judgment in following policy."Smith said his nine-page pursuit policy, which took effect April 22, is part of the ongoing training and education in which his staff participates. However, the sheriff said the policy is only a guideline."Policies are guidelines, not laws," Smith said. "There are always reasons to justify going outside of the guidelines."For example, the recently adopted guidelines state, "Caravaning of vehicles during a pursuit situation is prohibited," and, "A pursuit will normally involve no more than two vehicles."In a 17-minute video of the chase and subsequent crash, at least seven law enforcement vehicles are seen pursuing Estes.The video was provided to The Sun by the State Attorney's Office in response to a public records request.The current policy also prohibits shooting at a moving vehicle, except when authorized by a captain or higher authority and when all other means have been exhausted and the suspect poses a threat if not stopped.Smith said that in the Estes case, the pursuit tactics, including the shooting, were justifiable because deputies did not know whether Estes was armed and because he allegedly had tried to run into at least one law enforcement officer and then refused to pull over when deputies were following him with their lights and sirens activated.After Estes' death, his sister Jacki Crews said her brother had left a note indicating he didn't want to be a burden and was upset about developments in a court case involving a relative.The charges in that case, in which his relative was a victim, had been reduced or dropped.A self-employed carpet installer, Estes also was dealing with financial issues, family members said.Alachua County sheriff's deputies had indicated Estes was a suspect in another convenience store robbery similar to the Bradford County case.No weapon was displayed in either case.Estes' sister said she did not believe her brother was trying to hurt anyone else but "was trying to escape a world that he could not simply cope in anymore."