MMOONNTTGGOOMMEERRYYCCOOUUNNTTYYDDEEPPAARRTTMMEENNTTOOFFPPOOLLIICCEE

ANNUALPURSUITREPORT2018

2 | P a g e

TABLEOFCONTENTS

SECTION PAGEAMessagefromtheChief 3Overview 42018PursuitAnalysis 5SuspectAnalysis 8NotableAnalysis 11Summary 12

Copyright2019bytheMontgomeryCountyDepartmentofPoliceMCP2018AnnualPursuitReportcompiledbythePolicy,Planning&QualityAssuranceDivision

3 | P a g e   

AMESSAGEFROMTHECHIEFThepolicechaseisastapleofTVshowsandmoviesthat feature police officers. Often they go on forquiteafewminutesoverlongdistances,endinginsomesortofdramaticconclusion.However,inreallife, police chases are much different. Most don’tlastverylongandmostendwithoutincident.Asyouwillseeinthisreport,therewere14fewerchasesin2018thanin2017.Mostwereinpursuitofsomeonesuspectedofaseriouscrime,lastedlessthanfiveminutes,andcoveredthreemilesorless.UnderMCPDpolicy,acriminalpursuitisjustifiedifan officer believes a serious crime has beencommittedorisbeingcommitted.Atraffic‐relatedpursuit is justified if the officer sees someonedrivingundertheinfluenceofalcoholornarcotics,or if there is a hit‐and‐run or personal injurycollision,orwhentheofficerhasreasonablecausetobelieveaseriousphysicalinjuryhasoccurred.The MCPD conducts an in‐depth review of every vehicular pursuit tomake certain thoseguidelinesarefollowed,andifnot,appropriatefollow‐upactionsarepromptlytaken.In addition, a supervisor will monitor and decide on whether to allow the chase tocontinue. Safety is theprimaryconcern,whetherthesafetyof thepublic, thesafetyof theofficer,orthesafetyoftheperson(s)whoarefleeing.Again,asyouwillnote inthisreport,mostofourpursuitsendwithout incident.Butwhena policepursuitendswithacrashorsomeonegettinginjuredorkilled,thepublicwillaskquestionsanddemandaccountability. Restassured; thoseare thesamequestionsandthesamelevelofaccountabilitythattheMCPDbringstoeachpolicepursuitweengagein.

4 | P a g e   

The informationcontained in this report isobtained from theMCP610,MotorVehiclePursuitReport,theformcompletedbyasupervisorfromthedistrictwhereapolicepursuitoriginated.Allreportsarereviewedto verifycompliancewithdepartmentpolicyby thesupervisor,aDistrict executive, and theAssistantChiefoftherespectivebureau.

Avehicularpursuit isdefinedbypolicyasanactiveattemptbyanofficer inavehicletoapprehend anoccupant of a moving motor vehicle who exhibits a clear intention to avoid apprehension bymaintainingelevatedspeed,increasingspeed,and/orusingevasivetactics.

On an annual basis, the Montgomery County Department of Police reviews and analyzes the datacollectedfromtheMCP610formsobtainedinthatcalendaryearandthepursuitpolicy(FunctionCode135).

Per Function Code 135,VehiclePursuits, pursuit of a vehicle is authorized onlywhen the offense forwhichthesuspectisbeingpursuedisoneofthefollowing:

1. Criminal: Felony or the officer has reason to believe a felonyhas occurred or is occurring.

Note:Inorderfor2nd DegreeAssaultonaPoliceOfficertobeafelony,physicalinjurymeans“any impairment of physical condition, excluding minor injuries”, and “a person may notintentionallycausephysical injury toanother if thepersonknowsorhas reason toknow thatthe other is a law enforcement officer engaged in the performance of the officer’s officialduties.”

2. Traffic:

a. Drivingundertheinfluenceofalcoholornarcotics(misdemeanor).b. Hit‐and‐run, personal injury collisionwhen the officer has reasonable cause to believe

seriousphysicalinjuryhasoccurred(felony).In 2018, there were 41pursuits; 14 fewerpursuits than reportedin2017, or a decrease of25.5%. The number ofpursuits remains slightlyhigher than thedepartment’s 10‐yearpursuit average of 40.1pursuits per year.

OVERVIEW

5 | P a g e   

ByDistrict

The graph below illustrates the frequency by district in which Montgomery County police officersinitiated a pursuit in 2018 and highlights trends over the last five years. In 2018, the number ofpursuits decreased in all districts except 4D (Wheaton), which reported an increase of 9.1%. Thelargestdecreaseinpursuits(55.6%)occurredin5D(Germantown).Alldistrictsrecordedtotalslowerthan their five year averages in 2018, except for 4D and 6D (Gaithersburg) where the number ofpursuitswerehigherthanthefive‐yearaverageforeachofthosedistricts.Since2016,thetotalnumberofpursuitshasdeclined19.6%.

Note:Onepursuitin2017beganandendedinanothercountyandisnotreflectedonthischart.

2018PURSUITANALYSIS

6 | P a g e   

ByJustificationIn2018,apprehensionofsuspectsengagedinavarietyoffelonyoffenseswastheprimaryreasonofficersinitiatedpursuits(58.5%).Suspicionofasubjectdrivingundertheinfluence(DUI)wasthenextleadingreason (29.3%). Five other pursuits (12.2%)were initiated for otherreasons.

Priorto2018,suspicionofdrivingundertheinfluence(DUI)wastheprimaryreasonfortheinitiationofapursuit(55.9%),while39.5%wereinitiatedforreasontobelieveafelonyhadoccurred,and4.5%wereinitiated for other reasons. However, in 2018, pursuits for felony offenses were the primary reasonaccountingfordoublethenumberofpursuitsforsuspicionofDUI.ByLocationIn 2018, Montgomery County police officers pursued suspects outside the county’s jurisdictionalboundaries in one incident compared to five incidents the previous year. Function Code 135 statesthat “Officersmay pursue into a neighboring jurisdiction onlywhen an officer has probable cause tobelievethecrimecommittedwasafelonyofaviolenttype.”Thisincidentinvolvedapursuitofastolenvehiclefrom3D(SilverSpring)intotheDistrictofColumbia.Apatrol officer initiated a pursuit after receiving a computer confirmation that the vehicle had beenreportedstolenfromPrinceGeorge’sCounty,Marylandearlierintheday.Theofficerattemptedtostopthe vehicle, however it fled crossing into the District of Columbia. The vehicle stopped after makingcontactwithaMCPDcruiserandthesuspectsfled,however,theywereapprehendedwiththeassistanceofofficers from theMetropolitanPoliceDepartment.TheMCPDcruiseronly sustainedminordamageandtherewerenoinjuriestoofficersorsuspects.Althoughthepursuitwasauthorizedandmonitoredbyasupervisor, itwasinviolationofdepartmentpolicysinceastolenvehicleisnotconsideredtobeafelonyofaviolenttype,andtherefore,shouldhavebeenterminatedattheMontgomeryCountyline.

7 | P a g e   

One other pursuit (in‐county) was determined to be not in compliance with the department’s pursuitpolicy and procedures. Anofficer initiateda shortpursuitof avehicle for trafficviolations,which isnotauthorized.Appropriatedisciplinaryactionwastakeninthiscase.ByDistance&DurationThe frequency of pursuitdistances and times in 2018weregenerallysimilarcomparedtothepreviousyear. In 2018, approximately 68.3% of the pursuits in Montgomery County lasted less than fiveminutes,comparedto67.3%in2017.Therewere only five pursuits that lasted longer than10minutesin2018,comparedtosixpursuitsin2017. Thelongestpursuitin2018was18minutes longandtraveled25miles.Thedistancesandtimesforallpursuitsreportedin2018arereflectedinthefollowingcharts.

8 | P a g e   

Note:Onepursuitin2018beganwhichendedimmediatelyandisnotreflectedonthischart.

Apprehensionisnottheprimarygoalofapolicevehiclepursuit;thesafetyoftheofficerandthepublicare the most importantaspectssincetherisksarehighforall. Officersand supervisorsmust balancetheinherentsafetyriskswiththeurgencytoapprehendthedriver.In 2018, suspects were able to successfully evadepolice officers in 11 of the41pursuits (26.8%ofthe time)bydrivingatextremelyhigh rates of speed, fleeingonfootoncethevehiclestopped,orthepursuitswere terminatedby supervisors for various reasons, generallydue to crossingjurisdictionalboundaries,trafficconditions,orpublicsafetyconcerns.Officerswereunabletoapprehendthesuspectsintwoofthepursuits,butthroughfurtherinvestigation,wereabletoidentifytheindividualsandarrestthematalaterdate.Inoneoftheseincidents,officersrespondedtoareportofasuspicioussituationin‐progressinvolvingavehicledrivingthrougharesidentialneighborhoodintheearlymorninghours.Twosubjectswereobservedexitingthevehicleandenteringanopengarageofaresidence.Thesubjectswerethenseenexitingthegaragecarryingsomethingandlefttheareainavehicle.Ashorttimelater,thesamevehicleandsubjectsreturnedandwereobservedtryingtoopenthedoorsofseveral parked vehicles, but they were unable to gain access and left. The calling party was able toprovide officers with a description of the vehicle and subjects. As one of the responding officerscirculated the area, a vehicle matching the description of the subject’s vehicle was seen leaving theneighborhood.Whentheofficerattemptedtostopthevehicle,thedriverfledatahighrateofspeedforapproximatelytwomilesuntilitenteredadeadendroad,atwhichtimethedriverstoppedandbailedoutofthevehicleonfoot.Officersplacedthepassengerinthevehicleincustody.Apurseandcash,aswell as two cell phones, and a driver’s license were observed in plain view inside the passengercompartmentofthevehicle.Throughfurtherinvestigation,itwasdeterminedthatthesesamesubjectswerealsoresponsibleforanotherrelatedburglaryinthearea.Basedonevidenceobtainedatthesceneand through interviews, an arrest warrant was obtained for the driver and he was arrested. Thesuccessfulapprehensionofthesesubjectsresultedinrecoveringthousandsofdollarsinstolenpropertywhichwasreturnedtothevictims.

SUSPECTANALYSIS

9 | P a g e   

The demographic data for 2018 and 2017 below reflects information for the suspects that wereapprehendedduringthe pursuits,aswellastherandomdatathatwasknownaboutthesuspectswhowereabletoelude apprehension.

In2018,suspectsunderage15andbetween15–19yearsofageremainedthesameasthenumberreportedin2017.Thenumberofsuspectsbetweentheagesof20–39wereinvolvedin58.5%ofthepursuitsreportedin2018,comparedto50.7%in2017.

The charts on the following page summarize the gender and race/ethnicity of the suspects involved inpursuitsin2018comparedto2017.

10 | P a g e   

SuspectGender

Male suspects account for themajority of individuals involved in pursuits as shown in the chart above. In2018,malesaccountedfor73.3%ofthesuspectsinvolvedinpolicepursuitscomparedto87%in2017.SuspectRace/Ethnicity

 

11 | P a g e   

In2018,55.6%ofthesuspectsinvolvedinpursuitswereAfricanAmerican;13.3%wereCaucasian;8.9%wereHispanic;2.2%wereAsian/PacificIslander;andtheremainingpercentage(20%)wereUnknown.

AdditionalResources

Police pursuits can be dangerous. In recent years, there has been an increased emphasis nationally onutilizingtacticalmaneuverstoendpolicepursuits.In80.4%ofthepursuitsin2018,therewerenospecialtacticsoradditionalresourcesused,comparedto72.7%in2017.

Fourpursuits involvedtheuseofotherresources, including other agencies,K9teamsor aircraft, and infourincidents,thepolicedepartmentdeployedstopstickstoendthe pursuit.MCPDpolicy prohibits theuse of rolling roadblocks and tactical vehicle intervention, but does allow tire deflating devices (e.g.stop sticks) to be used by officers trained in the use of such devices. One suspect(s) was still able toevade the police in one of these instances, while all other suspects were apprehended. Collisionsoccurred in all four pursuits in which stop sticks were deployed, which resulted in injuries to onesuspect,asuspectvehicle,andonecivilianvehicle.

Supervisors terminated eight of the 41 pursuits(19.5%), primarilywhen the subject(s) left the county,butalsowhen traffic conditions increased the risk associated with the pursuit, and the dangers to theofficersandthepublicoutweighedcontinuationofthepursuit,inaccordancewithFunctionCode135.

UseofForceOverall, there were 16 pursuits in 2018 (39%) in which force was used by Montgomery Countyofficersonthesuspects,comparedto16.4%ofpursuitsin2017.Seventeen of the 41 pursuits (41.5%) inMontgomery County in 2018 resulted in a “bailout”,whichoccurs when the suspect(s) stop or crash the vehicle and flee on foot, compared to 34.5% of thepursuitsreported in2017. Suspect(s)were consequently apprehended in10 instances. MontgomeryCountypolice officers consequently used force duringor after threeof these pursuits/bailouts. Tenincidentsinvolvingbailoutsalsoresultedincollisions,sixofwhichinvolvedcivilianvehiclesandthreethatinvolvedMCPDvehicles.Oneofthesecollisionsalsoresultedincivilianinjuries.

CollisionsOfthe41pursuitsthatoccurredin2018,21(51.2%)resultedinacollision,comparedto31collisions(56.4%)thatoccurredin2017.Adetailedbreakdownofthe21collisionsbydistrictisprovidedinthetableonthenextpage.

NOTABLEANALYSIS

12 | P a g e

DISTRICT COLLISIONS DAMAGEDSUSPECTVEHICLES

SUSPECTSINJURED

DAMAGEDCIVILIANVEHICLES

CIVILIANSINJURED

DAMAGEDMCPD

VEHICLES

POLICEOFFICERSINJURED

1 1 1 0 0 0 0 0

2 2 2 0 1 1 1 0

3 6 5 1 5 0 1 0

4 7 6 0 6 0 2 0

5 1 1 0 0 0 1 0

6 4 4 0 0 0 0 0

TOTALS 21 19 1 12 1 5 0

Of the 21 pursuits that ended in collision, the suspect’s vehicle was involved in nearly all (90.5%),compared to 93.5% of the collisions reported in 2017; and two people (suspects/passengers) wereinjuredinthosecollisions,comparedto10people in2017. Twelveprivately‐ownedcivilianvehiclesweredamagedandonecivilianwasinjuredin2018.Fivepolicevehiclessustaineddamageandtherewerenopoliceofficers injuredduringthepursuits in2018,comparedtotwoofficersbeinginjuredin2017.Noneoftheinjuriessustainedbytheciviliansorthepoliceofficersduringanyofthepursuitsin2018weresevereinnature.

With more than one million people living in Montgomery County and thousands more travellingthroughthecountyeachyear,pursuitsrarelyoccur.Thereweremorethan121,000trafficstopsmadein 2018, yet only 41pursuits, a0.03%occurrence rate, compared to0.05%reported in2017,whenthereweremorethan110,000trafficstopsmade.

TheMontgomeryCountyDepartmentofPolicecontinuestobeproactiveintheareaofdriversafety,inan effort to reduce the number of law enforcement officer deaths, disabilities, and injuries causedby traffic‐related incidents. Through the Public Safety Training Academy, the department continuestheArriveAlive initiative:BuckleUp,SlowDown,PayAttention,ArriveAlive. Theeffectivenessof thistraining is also evident in the number of police vehicle collisions, which has declined 15.9% since2015,while at‐fault vehicle collisions have declined18.2%overthesametimeframe.

TheMontgomery CountyDepartment of Police remains dedicated to creating a culture of safety andaccountability. As such, a copy of this report will be distributed to all Patrol Services BureauCommandersand theDirectorof theTrainingandEducationDivision for reviewand identificationofanyadditionaltrainingorpolicyreviewwhichmaybenecessaryonanoperationallevel.

SUMMARY

13 | P a g e   

MONTGOMERYCOUNTYDEPARTMENTOFPOLICE100EdisonParkDriveGaithersburg,MD20878

http://www.montgomerycountymd.gov/pol/

FollowusonFacebookandTwitter!