CLEVELAND — Cuyahoga County District 11 Councilwoman Sunny M. Simon wants to change the chase policy for the sheriff's department, submitting a proposal that will restrict when and why a deputy can start a pursuit.
This comes after months of reporting by the News 5 Investigators on the chases, crashes and controversial shootings involving the Downtown Safety Patrol. This week, Black Lives Matter Cleveland sent an open letter to both the Cuyahoga County Executive and the Mayor of Cleveland, demanding that sheriff’s deputies stop chasing in Cleveland unless responding to a violent felony or imminent threat.
The most significant change to the pursuit policy, according to the proposed changes, would prohibit a deputy from pursuing a vehicle for a minor misdemeanor "absent additional aggravating factors."
The changes would raise the bar for when a deputy can chase a vehicle. The changes mean that a deputy would not be able to initiate a chase for someone just speeding off after a traffic stop. Now, deputies would have to see a real threat like a shooter or a carjacker, but must weigh the risk to innocent bystanders—with a supervisor having to sign off with a go-ahead to chase.
Specifically, the amendment seeks to change the pursuit policy to the following:
High speed pursuits shall be conducted only where deputies observe or perceive a threat of physical harm to the public or law enforcement, and when approved by a supervisor. The observed or perceived threat may be specific to an individual, group of individuals, or the public in general. Only deputies who have been trained in pursuit driving are authorized to request or participate as a driver in a high-speed vehicle pursuit.
When determining whether to initiate a vehicle pursuit deputies shall consider the importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to deputies, innocent motorists and others. In doing so, deputies shall consider the observed behavior of the suspect, reports, or deputy perception that the fleeing suspect:
(a) has attempted or committed life-threatening motor vehicle violations, such as reckless driving, failure to heed traffic control device, failure to stop when signaled to do so by an officer, etc.;
(b) is operating a vehicle under the influence of drugs or alcohol;
(c) has attempted or committed homicide, serious injury, or aggravated assault, including acts with a motor vehicle;
(d) has attempted or committed kidnapping another or has a hostage;
(e) has attempted or committed violent sexual assault or rape;
(f) has attempted or committed a terroristic or active shooter incident;
(g) has attempted or committed armed or aggravated robbery or other imminent life-threatening activity;
(h) has attempted or committed felony theft, including theft of a motor vehicle;
(i) is a reported or suspected violent felon; and/or
(j) poses a serious threat to the public if he/she remains at large.
Under no circumstances shall a suspect’s commission of one or more minor misdemeanors, absent additional aggravating factors, justify the initiation of a vehicle pursuit.:
Deputies initiating a pursuit shall request permission from a supervisor to continue the pursuit. If permission is not given, or if there no immediate response, deputies shall terminate the pursuit and notify dispatch and/or the supervisor of the action being taken.
Where aircraft or unmanned aerial vehicle (UAV) assistance is available and appropriate for the pursuit, deputies and supervisors shall request the assistance of an air unit to minimize the continuing risk to public safety of a ground pursuit.
“After meeting with the Sheriff and Executive team multiple times to understand the ins and outs of the current Sherrif’s vehicle pursuit policy, I am proposing changes that I believe will both strengthen our operations and allow for safer pursuits, when necessary, moving forward,” said Simon. “I urge the Administration to implement these changes swiftly and without delay.”
Cuyahoga County Spokesperson Jennifer Ciaccia acknowledged that the county has received the proposal.
"We are in receipt of proposed amendments to the Cuyahoga County sheriff’s department pursuit policy submitted by councilwoman Sunny Simon. The Sheriff’s Department is continuing its review of the policy and will make any revisions to the policy available to the public," Ciaccia said.
Cuyahoga County Council Communications and Outreach Specialist Devyn Giannetti said that council is considering alternatives for law enforcement to use instead of pursuing vehicles.
"Conversations are still taking place on what different technologies could be utilized, but one of the items that came up was grappler devices," Giannetti said.
On Tuesday, Simon brought up concerns and her proposal during the Cuyahoga County Council Public Safety Committee in the wake of two women, Tamya Westmoreland and Sharday Elder, dying in connection with pursuits. Both women were innocent bystanders in chases.
Watch more about the issue from News 5 Investigator Tara Morgan:
RELATED: Cuyahoga County sheriff dodges questions about Downtown Safety Patrol and 2 deadly chases
In August, Cuyahoga County Sheriff Harold Pretel refused to answer our questions about the chase and crash that killed Elder, a mother of two. Instead, in a statement, he blamed the suspect who sped away from deputies and crashed into Elder.
We later learned that the same deputy, Kasey Loudermilk, was involved in both chases in which Westmoreland and Elder died.
Watch more on the two chases:
RELATED: Cuyahoga County Council President raises concern over deputy chase policy and practice
County Council has been considering pausing funding for the Downtown Safety Patrol, which started in 2023, since Westmoreland's death. Watch more:
RELATED: Cuyahoga County Council moves to suspend the sheriff's Downtown Safety Patrol
