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Outspoken Officer Critical Of Chase Policy Reassigned

HPD's Pursuit Policy To Be Reviewed After Chase

POSTED: Thursday, January 19, 2006
UPDATED: 5:51 pm CST January 19, 2006

A Houston police officer who was critical of the department's pursuit policy following a 90-minute chase was temporarily reassigned to desk duty Thursday, KPRC Local 2 reported.

Several Houston police officers were involved in Wednesday's high-speed chase that ended in a head-on collision, but at some point a supervisor made a decision based on policy to end the pursuit, meaning the officers had to pull back.

Some officers told KPRC Local 2 they were upset that they were not allowed to do more. Under the department's policy, officers were not allowed to hit the suspect's car, which some officers believe would have ended the chase much sooner.

"It makes me embarrassed to be a police officer when we are afraid to do our jobs, and our jobs are to protect the public. This is not protecting the public when infants are injured because we don't put a stop to suspects who are running from us," HPD Officer Thomas Nixon said.

HPD Officer Thomas Nixon
HPD Officer Thomas Nixon

Nixon will be assigned to desk duty until an investigation into the policy and his comments is completed. He told KPRC Local 2 that he was not officially a part of the chase, but helped with the aftermath because it ended in his patrol area. Nixon believes HPD is not giving officers the discretion they need to end chases. Despite being disciplined, he said he stands by his comments.

"I invited it, so I'm going to deal with it. How do I feel? I have mixed emotions," Nixon said.

HPD said a two-part investigation would be held -- focusing on Wednesday's chase and on Nixon's comments.

Houston police are not allowed to be critical of departmental policy to the media while in uniform.

The department's legal counsel said the pursuit policy follows state law.

"We support the officers and the supervisors that are out there doing their job every day to make the citizens safer. And the fact that they chose to use their discretion and terminate a pursuit is exactly what our policy was intended and what Texas case law requires," the counsel said.

Mayor Bill White has called for a review of the department's policy regarding police pursuits.

"My reaction is that it is tragic. You have citizens like this fugitive that go around using their automobiles basically as a weapon," White said.

The mayor said there are no easy answers on how to end a high-speed chase that puts citizens' lives in danger, but has asked HPD Chief Harold Hurtt to investigate what happened.

BMW Chase

"You can't make your policy based on what happens during one incident. You might risk tying the officer's hands too tightly behind their back or having policies where an officer in good faith harms a civilian and has a backlash against police," White said.

Critics said the 90-minute chase brought up serious questions about how the department should handle high-speed pursuits.

HPD said their first priority is the safety of other drivers on the road.

"We don't need any 'Dirty Harry' scenes out there on our freeways, or things that would unexpectedly pose a risk to the public," White said.

Chase Suspect Appears In Court

Jatinderjit Mann, 31, was charged Thursday with evading arrest and aggravated assault with a deadly weapon -- the weapon being the gray BMW he was driving. He is being held in the Harris County Jail on a $55,000 bond.

Jatinderjit Mann

Investigators said the chase started after patrons at the Berry Hill Baja Grill on F.M. 1960 at Champion Forest Drive called authorities to report a man was causing a scene and using abusive language.

"I looked at him and he said, 'What are you looking at? Do you have a problem?' And I said, 'Apparently not as big a problem as you have,'" restaurant patron Diane Nelson told KPRC Local 2.

When officers arrived at the scene shortly before 2 p.m. Wednesday, police said Mann sped off.

The 90-minute chase reached speeds of 100 mph. From the restaurant, Mann led officers east on Beltway 8 past Highway 59 before turning around and heading north on Interstate 45 near Conroe, where he turned around and headed back to the beltway.

The chase continued on to Highway 290 and Interstate 10 before heading south on Highway 59. Mann turned around and headed north toward downtown on Highway 59, where he became stuck in traffic. To escape traffic, Mann turned around on the highway and went against traffic on the Kirby Drive eastbound highway entrance ramp, where he crashed head-on into another car.

Officers from several law enforcement agencies, including the Houston Police Department, and deputies with the Harris, Montgomery and Fort Bend county sheriff's departments, were involved in the pursuit.

Diana McShan-Clayborn; her mother, Birdia McShan; and her 8-month-old daughter were inside the car that was hit. They were all transported to a hospital but were released Wednesday night.

"I was scared. I was really scared. An SUV swerved in front of us and then we couldn't get away. We couldn't swerve away. He ran right into us," McShan-Clayborn said. "As soon as he hit us, I said, 'Oh my God, my baby.' She started screaming immediately. So, I hopped out the car, jumped over the hood. I hit his window on the way and told him, 'You almost killed my baby.' I was pretty upset."

Birdia McShan was driving the vehicle.

"I'm just happy and grateful to be alive," she said.

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