The Courthouse News Service has reported that a wrongful death lawsuit has been filed by the parents of a 17 year-old boy against the city of Baytown and the criminal its police were pursuing, as the spike strip the police had decided to place in a busy intersection caused a car accident that left the boy dead.
The alleged shoplifter named in the suit, S.C., and his female accomplice, J.J., had evaded police for over two miles before driving into the spike strip.
The suit states that "On October 19, 2012 17-year-old (S.H.) was driving home from work with his friend and coworker, 16-year-old (S.W.) Jr…(S.H.'s) Ford Focus was struck by another vehicle, causing (S.H.'s) car to immediately burst into flames."
According to the complaint S.C. and J.J. were seen stealing bedding from a Sears store, and then some time later, in another location, they were seen again stealing other merchandise.
According to a police report "…(J.J.) exited the store with unpaid for merchandise, detectives blocked the Ford from leaving with their vehicles. As detectives exited their vehicles to make arrests, (J.C.) forcefully backed into a police vehicle, causing damage and narrowly missing an officer before speeding out of the parking lot."
The police chased the pair southbound on Garth Road, with speeds nearing 90 mph, when it was decided to put down a spike strip.
The suit states, "The officer laid the spike strip at the intersection of Garth Rd. and Rollingbrook Dr. Baytown was aware of the danger the spike strip creates when traversed at a high rate of speed - officers were advised to 'back off because (Officer L.) had deployed the spike strip…Witnesses describe a scene in which the accused had a clear unimpeded path through the intersection, but for the spike strip causing their F-150 Ford pickup to careen out of control and into (S.H.'s) idling Ford Focus."
A "dash-cam" recording of the incident shows that S.C. was able to avoid several collisions during the high-speed chase – until he came into contact with the spike strip.
After S.H.'s car burst into flames due to the impact, the suit states that "the accused fled on foot and were apprehended. (S.H.) was pulled from the burning wreckage…(S.W.) was declared dead at the scene. (S.H.) suffered severe injuries..."
Joshua Davis, representing S.W.'s parents, told reporters that if the police had apprehended the two shoplifters at one of the stores they were seen stealing in there wouldn't have been a need for a high-speed chase, a speed strip or a teenager's fiery death.
Davis said, "They were followed around in the stores, they had been ID'd by multiple officers and yet somehow they couldn't just be arrested when they walked out of the store. They were allowed to get in their vehicle and drive away, and then that the officers gave chase..."
Do you suspect that a loved one's death was caused by the negligence of others? If so, contact a personal injury lawyer to file a lawsuit and sue for your damages.