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Hot Police Pursuit Kills Citizen in Jacksonville

By Eddie Farah

It happened in a split moment. The Florida High Patrol (FHP) says Jacksonville Sheriff's officer, Marcus Kilpatrick, may or may not have had his lights and sirens on when heran his police cruiser into a truck driven by 86-year-old Matthew Brice Ogden Jr.

Ogden turned his truck left into the path of the police cruiser. Ogden was not wearing a seat belt and was thrown from the truck. He died at the scene. The officer suffered minor injuries in the January incident.

There is no word on whether Ogden had the light or not, but if he was turning there must have been a reasonable traffic reason. No one can see someone coming upon them at 98 mph.

Witnesses say the officer did not have his lights on.

It has now been determined that Kilpatrick was traveling in a 40 mph zone at 98 mph. The area was residential and included a school district. He was trying to catch up with someone to check its tinted windows when he rammed into Ogden, taking his life.

'It's appalling,' says Ogden's stepson, Douglas Berreth. He tells Channel 4, Jacksonville that 'I feel that it created a death and it should not have happened in that manner and I do not believe total safety as the concern when the officer was in pursuit.'

The chase policy is left to law enforcement. Orlando officers will not give chase because of a traffic violation, nor will they in St. Johns County. Duval and Nassau County, in north Florida, leave the decision up to the officer. While an investigation is continuing it is possible that the police officer could be charged, as happened last year in Virginia.

The advocacy group and website PursuitWatch.org, is now headed by John Phillips. His sister was killed in 2001 in Orlando by a suspect engaged in a police chase. The group supports a common sense policy of pursuits only in cases where violent criminals are involved, and is responsible in part for changing the high-speed or 'hot' pursuit policy in the Orlando area.

Our condolences go out to the Ogden family with encouragement that law enforcement keep public safety first at all times. #

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on February 27, 2009 (boomark / email).