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Nov 23 - Kentucky deputy chases car at 130 mph over an unlit license plate



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 6 days ago '11        #1
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Sin  topics gone triple plat - Number 1 spot x40
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Nov 23 - Kentucky deputy chases car at 130 mph over an unlit license plate
 

 
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LOUISVILLE, Ky. — The high-speed police chase through Edmonson County, Kentucky, reached speeds of 130 mph. And the alleged offenses that prompted couldn't have been more minor.

Twenty-year-old Brandon Embry had failed to illuminate his license plate on Feb. 27, 2018. And one of his two passengers, both minors, had failed to buckle his seat belt.

But when Embry fled, Deputy Sheriff Jordan Jones chased him for 18 miles until Embry's Grand Am was T-boned by an SUV and crumpled.

As Jones approached the car, he ordered a 14-year-old boy slumped over in the back seat to show his hands. When the boy failed to comply, the deputy fired a Taser into his back.

There was a reason the boy had not complied. He was unconscious.

In an opinion issued Nov. 17, a federal appeals court panel ruled 2-1 the boy’s mother, Wendy Browning, may proceed with a lawsuit accusing Deputy Jones of using excessive force against her severely injured son.

But the appeals court unanimously dismissed a claim on behalf of the parents of both children accusing the sheriff’s department of being grossly negligent in pursuing the chase, despite the risk to the passengers, who were injured so severely they were flown by helicopter to a Nashville hospital.

The court said because the Edmonson sheriff’s office pursuit policy gives nearly total discretion to deputies to decide when to start or stop a chase, they couldn't be found liable for violating the blanket policy.

Under Kentucky law, the court said, public employees, including police, are entitled to immunity for discretionary acts.

Lawyer: Ruling encourages bad policy

The decision infuriates Louisville attorney Greg Belzley, who represents the parents of the two juveniles.

"This sends a clear message to law enforcement agencies across Kentucky," he said. " … instead of having a good, restrictive pursuit policy that protects the lives of innocent citizens, have a bad one that doesn’t and you won't be held responsible."

In other words, Belzley said, the court found “because the policy was too ambiguous to prohibit this kind of irresponsible conduct, the defendants had no liability for engaging in it.”

Ironically, according to the court’s own opinion, officers in law enforcement agencies with stricter pursuit policies, including the Louisville Metro Police Department, have been found liable for violating them.

Attorney Aaron Smith, who represented the Edmonson County sheriff’s office, declined to comment on Belzley's a*sertions, since the case is still pending.

But in an email, smith noted that Embry, a convicted felon, "chose to run from the police with two minors in his vehicle" and "actually caused their injuries." He pleaded guilty to multiple criminal charges, including wanton endangerment, and is serving a 5-year prison sentence.

Since the crash, the Edmonson department has not changed its pursuit policy, and Sheriff Shane Doyle, who monitored the pursuit while it was ongoing, has said he doesn’t think it should have been discontinued, Belzley said in a brief.

“Basically, Doyle lets his officers chase whomever they want, however they want, regardless of the consequences,” Belzley said.

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Jones still works for the department.

“No one has told Jones that he did anything wrong, or that an unilluminated license plate is no reason to chase somebody at 130 mph through the city limits of Brownsville and into the outskirts of Bowling Green,” Belzley said.

The brief says the chase went past or through 219 driveways and intersections.

According to the National Highway Traffic Safety Administration, from 1996 to 2015, more than 7,000 people died in police pursuits, and nearly two-thirds of them were occupants of the pursued vehicle.

“To be sure, the driver should not have fled,” Belzley said, “but we pay our police to be the adult in the room.”

He said the minors in Embry’s car were “unwitting, innocent and terrified” during the chase and begged him to stop.

How the Taser was used

Following the crash, the court said, Jones punched Embry in the forehead, apparently to stop him from fleeing. The blow knocked him unconscious.

Jones then turned his attention to the boy in the backseat, ordering him to show his hands multiple times without receiving a response.

Jones testified he’d heard a report the occupants may have thrown ammunition from the car and was worried they might be armed.

A girl in the car testified Embry had thrown a gun out during the pursuit, according to Smith's brief, and Jones thought the boy might be hiding a weapon.

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But affirming Judge Greg Stiver’s refusal to throw out that portion of the suit, the appeals court noted the “uncontested fact that C.S. (the boy) was found slumped over in the backseat” and showed no signs of resisting.

“The only crime that C.S. committed was failing to wear his seatbelt,” wrote Judge John Rogers of Kentucky for the panel. "That by itself is a minor traffic violation that does not warrant the use of a taser."

In a dissent, Judge Eric Murphy of Ohio said the deputy should not be second-guessed.

“If you were a police officer, what risk of getting shot would you be willing to face before using your taser to incapacitate a suspect who may (or may not) be armed after he appeared to ignore your commands to show his hands?” he asked.

What happened during the chase

Jones testified he believed Embry would have continued his "reckless and wanton conduct if not stopped," Smith said in his brief.

The deputy also said traffic was extremely light during the pursuit, the area was very rural, the weather was clear and the roads were dry and clean.

Stivers denied Edmonson County’s motion to dismiss Jones and Doyle from the lawsuit, but the appeals court panel reversed him.

It said the sheriff’s policy makes the decision to initiate or continue a pursuit "discretionary with each individual officer."

The panel noted the only requirement in deciding to discontinue the pursuit is the officer use his "discretion to see if the danger to human life is greater than the need to continue the pursuit."

Defiant suspended lawyer to Kentucky Bar:'I will always work in law. Nobody can stop me.'

The policy says it is “impossible to develop guidelines to cover every conceivable situation that may occur” and deputies must use their “training, experience and common sense.”

In contrast, the court said, LMPD policy says the decision to initiate a pursuit must be based on the pursuing officer’s reasonable belief the suspect is a felon or suspected felon.

It also says pursuits must be terminated immediately if the officer:

Loses visual contact with the pursued vehicle;
Doesn’t believe it to be safe to continue the pursuit;
Is unfamiliar with the area;
Or is out of radio range with supervisors.

visit this link https://www.courier-journ .. se/8685454002/


Last edited by Sin; 11-23-2021 at 02:52 PM..
+6   



best
worst
58 comments
 

 6 days ago '20        #2
Xiox  topics gone triple plat - Number 1 spot x1
Props total: 41739 41 K  Slaps total: 7765 7 K
Overzealous cop
+18   

 6 days ago '09        #3
messy marv stan  topics gone triple plat - Number 1 spot x72
Props total: 244374 244 K  Slaps total: 27084 27 K
maniacal white cops bad @


the cop ruined a bunch of lives over a umlit plate
+20   

 6 days ago '20        #4
confidential1  topics gone triple plat - Number 1 spot x4
Props total: 64084 64 K  Slaps total: 3349 3 K
Killer cops
+5   

 6 days ago '05        #5
projectd06 
Props total: 32715 32 K  Slaps total: 7806 7 K
Only thing I'm blaming the cop for is the tasing, you gotta be borderline retarded to not realise someone is unconcious after that kinda car accident.

This driver is the one in the wrong though, he caused all of this, but folks gonna act like the dude didnt do anything wrong and didnt almost k*ll them 2 kids and other people.
+51   

 6 days ago '11        #6
shellz386  topics gone triple plat - Number 1 spot x1
Props total: 15444 15 K  Slaps total: 2309 2 K
130MPH my a*s
+3   

 6 days ago '17        #7
Wavie Crockett 
Props total: 7756 7 K  Slaps total: 12410 12 K
So no one is going to address the fact that this kid fled a police officer?
-21   

 6 days ago '11        #8
Tony Franks  topics gone triple plat - Number 1 spot x2
Props total: 29016 29 K  Slaps total: 4054 4 K
 projectd06 said
Only thing I'm blaming the cop for is the tasing, you gotta be borderline retarded to not realise someone is unconcious after that kinda car accident.

This driver is the one in the wrong though, he caused all of this, but folks gonna act like the dude didnt do anything wrong and didnt almost k*ll them 2 kids and other people.
yeah, i expect a 20 yr old to make a bad decision, not this old a*s cop making bad decision after bad decision.

You are correct though.
+6   

 6 days ago '17        #9
Naga Sadow  topics gone triple plat - Number 1 spot x20
Props total: 188909 188 K  Slaps total: 13892 13 K

+2   

Top 10 most propped recently  6 days ago '21        #10
TreueBlutEhre 
Props total: 7673 7 K  Slaps total: 715 715
Don't run from the feds if it's just a unlit license plate, what the cop supposed to do let him speed away and not do his job? Yall sound dumb as fu*k sometimes
+13   

 6 days ago '20        #11
Die in Houston  topics gone triple plat - Number 1 spot x1
Props total: 18344 18 K  Slaps total: 1697 1 K
Why even try to pull them over some bullsh*t like that?

Sounds like fishing for excuses to cover his DS lookin a*s.
+3   

 6 days ago '13        #12
vml3615 
Props total: 210 210  Slaps total: 14 14
Bob and Pat would not approve of this.
+1   

 6 days ago '04        #13
7twelve 
Props total: 40338 40 K  Slaps total: 8772 8 K
discretion huh


Last edited by 7twelve; 11-23-2021 at 05:39 PM..
+1   

 6 days ago '12        #14
halochicken  topics gone triple plat - Number 1 spot x1
Props total: 6134 6 K  Slaps total: 1020 1 K
son nikkas running from the police over unlit license plates and seat belts. lmfao

here let me let you in on a secret. you go to court and you walk up to dude he says you got this and that.
All they want is some cash
so he tells you imma knock it down to this n that maybe a point
He then ask if you can pay today or you need a payment plan on your 200 buck bill. after you tell him you paying today or doing plan you walk out with no chance of death lol.
+19   

 6 days ago '17        #15
Willy Boban  topics gone triple plat - Number 1 spot x9
Props total: 61171 61 K  Slaps total: 14604 14 K
 projectd06 said
Only thing I'm blaming the cop for is the tasing, you gotta be borderline retarded to not realise someone is unconcious after that kinda car accident.

This driver is the one in the wrong though, he caused all of this, but folks gonna act like the dude didnt do anything wrong and didnt almost k*ll them 2 kids and other people.
I agree. Who the phuck tases someone thats slumped over after an accident like that. That's the real issue.
+2   

 6 days ago '21        #16
Myron Diamond 
Props total: 1580 1 K  Slaps total: 391 391
As a n*gga who lives here in Louisville let me tell u sh*t has changed... U gotta be doing sum sh*t to get pulled over now.. n*ggaz be riding around with plates that expired 2 years ago n sh*t!! The popo don't give af about what's going on in these streets now mane!!
+6   

 6 days ago '19        #17
48laws  topics gone triple plat - Number 1 spot x10
Props total: 20568 20 K  Slaps total: 2051 2 K
Why do incidents that Happened years ago come to light so much later?
+2   

 6 days ago '17        #18
DavidTheMan 
Props total: 24730 24 K  Slaps total: 13462 13 K
Dumb a*s cop.
Terrible law that gives no accountability to law enforcement.
Dumb a*s kids who simply had to pull over.

 6 days ago '16        #19
TrillSp 
Props total: 25611 25 K  Slaps total: 2376 2 K
Gotdamn. Insurance still gone say it ain’t totaled. All I need is a good alternator ������*♂️
+3   

 5 days ago '16        #20
kuul  topics gone triple plat - Number 1 spot x11
Props total: 102043 102 K  Slaps total: 11326 11 K
Seems dumb for both sides. They was flyin thru that little country a*s sh*t.
+1   

 5 days ago '16        #21
foshoVoodoo  topics gone triple plat - Number 1 spot x53
Props total: 116904 116 K  Slaps total: 22943 22 K
I can even see the chase but tazing the unconscious 14 year old after the wreck gtfoh this nucca need to go straight to jail
+4   

 5 days ago '21        #22
chengywsc 
Props total: 97 97  Slaps total: 15 15
Should of just pulled over,, DAFUQ
+1   

Top 10 most propped recently  5 days ago '15        #23
TalibanDread 
Props total: 47695 47 K  Slaps total: 4934 4 K
Plot twist: He had a spare bulb
+1   

 5 days ago '11        #24
SainT sig  topics gone triple plat - Number 1 spot x8
Props total: 11105 11 K  Slaps total: 1990 1 K
Lol this fat f*g**t tased a damn near corpse after a 130mph chase

Little bro probably back there like getting lit like a Christmas tree


Last edited by SainT sig; 11-23-2021 at 09:57 PM..
+7   

 5 days ago '21        #25
BigChiefLA 
Props total: 4640 4 K  Slaps total: 1114 1 K
Cops be so happy to get action. It’s pathetic. Looking for a reason to up it and speed after people
+4   



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