Columbia Falls businessman critical of high speed chase

A Columbia Falls businessman says that police in pursuits on Highway 2 should drive more slowly than they do now, particularly in the wake of a high speed chase a few weeks ago where a man stole a pickup and led Flathead County Sheriff’s Deputies through town.

Vernon Kiser, a real estate agent with Remax Mountain View in Columbia Falls said he watched the chase from his business as deputies went through town at a high rate of speed down Highway 2.

He estimated they were going 80 to 90 mph as they chased after the man.

Kiser said he is not “anti-cop” but the speeds were simply reckless, in his view.

Sheriff Brian Heino did not respond to a request for comment, but in an email to Kiser, patrol commander Nic Salois explained the department’s view on the incident.

“The three patrol vehicles you observed were en route to back up another deputy involved in a vehicle pursuit in Hungry Horse,” Salois said.  “The deputy involved in the vehicle pursuit was alone and needed assistance to respond quickly as these type of incidents can be dangerous for many reasons, not only to the public but to law enforcement.  Our agency’s policy for emergency driving basically copies what is defined in the Montana Code Annotated 61-8-107 defining what police vehicles and other emergency vehicles can do while operating with emergency lights and sirens.  In your complaint you state the police vehicle were driving in a reckless and negligent manner through Columbia Falls, specifically on Ninth Street by your office on Sixth Avenue, weaving in and out of traffic and high rates of speed. After reviewing the video, although speeds were elevated for what the actual speed limit is, we feel our deputies were in control of their vehicle and aware of the conditions at the time. 

“All of our cars had emergency lights and sirens activated, which still caused a lot of the traffic to fail to yield and or, not pull to the right and stop like they should.  Because of this we have to drive in opposite lanes of traffic and often pass on the left side of stopped cars.  This activity may look out of control, but it is common and trained.  All of the deputies slowed down even more in the block east of your office, as the traffic congestion became worse,” Salois said.

Deputies did break off the chase later, citing safety concerns.

The alleged thief, Theo Old Chief, 31, of Browning was tracked by the Two Bear Air helicopter over Marias Pass Glacier County Sheriff Deputies deployed spike strips and were able to get Old Chief into custody near Browning.

Kiser claims police should have a speed limit through town, say 45 mph, even on chases.

But the law doesn’t actually allow for that.

It says the the driver may “exceed the speed limits as long as the driver does not endanger life or property.”

However, If something does go wrong on a chase, law enforcement don’t have blanket immunity, either.

“The provisions of this section do not relieve the driver of a police vehicle or authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, and the provisions do not protect the driver from the consequences of the driver’s reckless disregard for the safety of others,” the law notes.

From Salois’ standpoint, deputies acted accordingly.

“All of our patrol deputies have dozens of hours training in emergency vehicle driving and that experience grows the more years they work the job.  I am confident that our deputies can operate a police vehicle with great skill, skill more advanced than the rest of the motoring public.  Skill more advanced and in control than hundreds of people who choose to drive impaired on our roads in this county, daily.  Although I understand your concerns, I also hope you can trust us and our abilities to do our job safely.  In my 18-plus years at this agency, we have never caused injury to innocent person’s or their property while operating our vehicles in an emergent way.  Nevertheless, the deputies involved in this incident have been made aware of your complaint and your perception of their driving.  They will continue to do their best to maintain safe operation of their vehicles,” Salois wrote to Kiser.