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Loftin v. Morales12/14/2005
ok because little to no pedestrian traffic or vehicular traffic was observed during the pursuit in the subdivision. He explained that the risk of pursuing the Probe into the subdivision was minimal in comparison to the risk of allowing the continued reckless operation of that vehicle. Loftin noted that at all times his siren and emergency lights were operating to notify the public of their presence. Loftin stated that, "at all times, maintained a safe speed under the circumstances and took all reasonable and prudent measures to effectuate the stop without unnecessarily endangering the safety of persons in the area or on the roadways." Loftin testified in his deposition that he did not see any speed limit signs in Shadybrook.
In his deposition Loftin said, "There wasn't a need to apprehend him." He also said, "It's not like chasing somebody down through the middle of the city of Tyler, it wasn't like that. So I didn't see any danger down there at all until -- until this happened." In his January 5, 2005 affidavit, Loftin explained that these statements were meant to address his assessment of the circumstances surrounding his decision to continue the pursuit in Shadybrook, not his assessment of the continued need to apprehend the suspect.
The following deposition testimony sums up Loftin's thoughts on balancing need and risk:
[Counsel]: s it accurate to say that you didn't feel like there was an immediate danger that was going to be caused if you did not apprehend him?
[Loftin]: That's correct.
[Counsel]: Okay. Given that feeling, if you had felt that your pursuit of this suspect presented a clear risk to the public, would you have broken it off?
[Loftin]: Yes, sir.
[Counsel]: Okay. And the reason you would have broken it off is because you didn't feel that the need to apprehend this suspect would have outweighed that clear risk to the public?
[Loftin]: That's correct.
Referring to that testimony in his January 5, 2005 affidavit, Loftin clarified that he was addressing his assessment of the circumstances surrounding his decision to continue the pursuit in Shadybrook and not his assessment of the continued need to apprehend the suspect. He reiterated that it was his belief that the need to apprehend the suspect outweighed a diminished risk to the public in Shadybrook in continuing the pursuit.
Evans stated in his affidavit that vehicular traffic was light. Due to the rough condition of the roads in Shadybrook, they never reached high speeds inside the subdivision. He only saw one man on the side of the road in the subdivision. Most of the houses in the sparsely populated subdivision were at a distance from the roadway. He stated that the potential risk of harm to people in the area because of the pursuit was minimal.
During the chase, Evans reported the Probe's license plate number to dispatch, and dispatch gave the troopers the name of the registered owner. Loftin explained in his deposition that, at one point, he attempted to use the squad car to hit the Probe's right, rear corner to "spin him out." He missed, ran off the road, and hit a stop sign. He denied losing control of his vehicle.
Willingham investigated the accident and prepared an affidavit setting out the facts of the incident. Before entering Shadybrook, the chase covered six miles of farm-to-market and county roads, including a county road through a golf course. That portion of the chase lasted five minutes. The portion of the chase within Shadybrook lasted twenty-two minutes and covered nine and seven-tenths miles. The chase covered numerous streets within the subdivision. Both vehicles d
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