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Coweta deputy right to ram fleeing suspect?Thu, 03/01/2007 - 5:18pm
By: John Munford
U.S. Supreme Court hears arguments on crash that paralyzed driver The United States Supreme Court will determine whether or not a former Coweta County sheriff’s deputy can be sued in court for using his patrol car to ram into a fleeing vehicle that fled deputies at speeds upwards of 90 mph in March 2001. The pursuit at one time detoured through the pedestrian-friendly shopping center The Avenue in Peachtree City, albeit late at night after most stores closed. The ensuing crash — which occurred off Ga. Highway 74 in Peachtree City near TDK Boulevard — paralyzed the suspect, Victor Harris, who wants to hold deputy Timothy Scott liable for the crash. At the time, Harris was fleeing a deputy who attempted to pull him over for a speeding infraction in Coweta County. But Scott has testified that at the time of the crash he had no idea Harris was initially wanted just for speeding. One of the major issues at hand is whether or not Harris’s conduct could be deemed a threat to the public, which could justify Scott’s decision to ram Harris’s vehicle in an attempt to stop him. Moments before the collision, Scott’s supervisor gave him permission to “take him out,” referring to Harris’s vehicle. In this case, use of that maneuver caused Harris’s car to run off Ga. Highway 74 onto an embankment. In oral arguments Monday before the Supreme Court, Scott’s attorney noted that in the night-time chase, Harris ran a number of red lights, swerved around cars that blocked him and he also weaved through The Avenue shopping center. Harris also drove his vehicle into a small collision with Scott’s patrol car. Harris’s attorney, Craig T. Jones, argued that Harris was driving safely during the pursuit, even using turn signals as he passed other vehicles. That drew a sharp observation from Justice Anthony Kennedy. “He used the turn signal. That’s like the strangler who observes the no smoking sign,” Kennedy said. Jones also argued that The Avenue was closed after when the chase happened around 11 p.m. that evening. The court also focused at times on whether Harris should be blamed in the incident. “He created the scariest chase I ever saw since ‘The French Connection,’” said Justice Antonin Scalia. If the Supreme Court rules in Harris’s favor, it would likely lead to the lawsuit continuing to a jury trial. login to post comments
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