Written by Cheryl Smith    Monday, 20 December 2010 09:26    PDF Print E-mail
Pursuit on 1488 raises questions about procedure

mpd pursuit A vehicle pursuit that resulted in a fatality in Magnolia has lead residents to wonder whether better steps could have been taken to handle the situation. Magnolia Police Department (MPD) made attempts to answer these questions through media and at the Magnolia City Council meeting Dec. 14.

 

The incident occurred Dec. 12 when the MPD received information from Montgomery County Sheriff’s Office (MCSO) regarding a robbery that allegedly had taken place in the Decker Prairie subdivision around 11:30 a.m. The suspects were said to be driving a white Chevrolet Impala.

Pictured, Montgomery County DPS officers inspect the Chevrolet Impala after it was removed from the accident scene near the Lake Windcrest subdivision.

 

According to Det. Brian Clack, after MCSO’s notification, he noticed a white Impala that did not have license plates driving in the 400 block of Magnolia Boulevard.

 

Clack stopped the car as a routine traffic stop and neither the passenger nor driver had a driver’s license. At that point it was also noted that a baby girl in a car seat was in the back seat. Clack said that both males were abnormally nervous.

 

The driver, who officers did not name because he was not charged, was removed from the vehicle to be questioned. While speaking with the driver, the passenger, later identified as Chad Derek McMichael, 33, began reaching under the seats of the car and moving around. The driver was detained while Clack approached the passenger side door of the Impala when McMichael locked the doors.

 

McMichael moved from the passenger seat to the driver seat. Clack then walked behind the car and approached the driver’s side door in an attempt to get McMichael out of the car. Clack said that McMichael looked as if he was trying to retrieve something from under the seat as he fled from officers in the Impala.

 

Officers learned that the baby belonged to the original driver of the Impala, who told officers there may be a gun in the car.

 

Clack said approximately 20 cars were on FM 1774 where the stop had taken place and the Impala drove along the right side of those vehicles to flee the scene.

 

“He could have hurt anyone,” Clack said. “Once he left the scene, he was kidnapping and we had to stop the driver from leaving with the baby.”

 

Police Chief Domingo Ibarra said that once it was learned that a gun was in the car, officers were justified in using deadly force, even with the child passenger.

 

“They are justified in using deadly force, but in this case thought of the baby and the surrounding citizens,” Ibarra said.

 

Clack notified Texas DPS that a white Impala had left a traffic stop and warned officers that weapons were suspected, but to proceed with caution because a child was in the car.

 

DPS was able to pursue the vehicle and place road spikes on FM 1488. The car attempted to avoid the spikes, but continued through the strip and rolled several times before crashing through a fence in the Lake Windcrest subdivision.

 

McMichael was pronounced dead at the scene. Clack said once the body was removed from the car, McMichael was holding a gun in his right hand.

 

According to Clack, the 3-month-old baby is well, but may have suffered from internal injuries.

 

Clack said that the spikes were the safest approach because they are designed to slowly deflate the tires. In situations where drivers such as McMichael reach speeds of more than 100 miles per hour, spikes are able slowly bring them to a safer speed.

 

“It becomes harder and harder for the individual to drive,” Ibarra said.

 

Clack said McMichael’s evasive actions to miss the spikes caused him to roll and created a larger impact.

 

The original driver was released with no charges, but the suspected robbery is still under investigation.

 

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