Deadly Texas Chase Highlights Risks of Pursuits

Pursuing fleeing suspects is often "a darned if you do, darned if you don't" decision that balances public safety with the need to catch a suspect, said Sgt. Ryan Poe of the Madison County Sheriff's Office.

On New Year's Eve, one of his department's deputies chased a helmet-less motorcyclist who Poe said was clocked at 90 mph in a 70 mph zone.

What followed was a 20-mile chase at speeds topping 125 mph that ended when the driver of the Suzuki bike, 26-year-old Kent Cox of Sugar Land, slammed head-on into a Toyota at a sharp curve on Texas 90 in Grimes County. He died from his injuries.

An internal review will be conducted, which is standard when there's a pursuit, Poe said.

"At this time, we can't find anything inappropriate about the pursuit," said Poe, who, along with Sheriff Travis Neeley and the chief deputy, will conduct the review.

Law enforcement officers mull several factors when deciding to chase fleeing suspects in vehicles, including speed, the offense involved, the risk of letting the suspect go and the public danger of the chase.

And sometimes, it just depends on which agency is involved and what location.

The Bryan Police Department, for instance, only pursues when the suspect is driving under the influence or is wanted for a violent felony, said Bryan police spokesman Jon Agnew.

"We're not going to chase for running a stop sign," Agnew said. "We live in a densely packed city ... It's not worth it."

College Station police spokeswoman Rhonda Seaton said officers who pursue in a vehicle have to articulate why they put the public at risk. She said College Station police also would not chase a vehicle for a traffic violation.

"Municipal agencies and rural agencies are a little different," she said. "We have a lot more vehicles and pedestrians to deal with inside the city."

The Brazos County Sheriff's Office, which typically operates in a more rural area than Bryan and College Station's departments, has "a lot of discretion" in its policy, said Sheriff Chris Kirk.

He said deputies have to consider the nature of the offense, the risk to the deputy, public safety and the necessity of the arrest. He said he didn't want to second-guess the deputy in the Madison County incident.

"It's difficult for me to comment without appearing judgmental," Kirk said. "There are circumstances when they could exceed the speed limit."

Department of Public Safety Senior Cpl. Jimmy Morgan said his agency has a similar policy in which officers enjoy a large degree of discretion.

Poe said Saturday's wreck -- in which a Houston family with a small child were in the Toyota but didn't suffer injuries -- was in a rural area and the deputy never lost sight of the motorcycle while following around 200 yards behind.

"It didn't pose an excessive danger," he said.

The deputy, Troy Coleman, could not comment for this story per department policy, Poe said.

The Madison County Sheriff's Office policy regarding pursuits states that "officers shall balance the need for pursuit and apprehension, against the probability and severity of damage or injury. It will be necessary to terminate those pursuits where the risk to the public outweighs the necessity for immediate apprehension."

The policy also states that the nature of the offense and whether the suspect could be arrested later should be considered.

Poe said Cox had a lengthy rap sheet, with 15 arrests and nine convictions, including for burglarizing a vehicle, theft, forgery and unlawful possession of a firearm by a felon.

But at the time of the pursuit, he had no active warrants, the motorcycle wasn't stolen and he was being chased only for speeding.

McClatchy-Tribune News Service