THE FAST AND THE CURIOUS

Photo by Jon Levine

The case of Dennis Howard illustrates the dual tragedies of fatal police chases.
By Elizabeth Weill-Greenberg

Dana Golson’s story could have been two sentences in a police blotter. Last September, when she was stopped at a red light three blocks away from her home, her car was struck.

But the Newark resident’s ordeal is more complicated –she was struck by a car being chased by a police officer. The police officer allegedly fled the scene, said Ron Goldfaden, her attorney.

She had been working with her church to collect donations for Katrina refugees staying at the Robert Street Hotel. That day she was on her way to visit them. But instead, “I awoke in the intensive care unit,” she told City Belt.

Her left scapula was fractured, as well as several ribs. She suffered contusions on her liver and one of her kidneys and spleen had to be removed.

The officer who was chasing the car was indicted. Throughout the process, Golson said, the Essex County Prosecutor’s office kept her updated on the case.

But not all victims are so lucky. Goldfaden, who represents several people who have been injured in high-speed police car chases, said that, often, the ensuing investigation is not as transparent and accessible as Golson’s was. He pointed to the experience of Dennis Howard’s family as something more typical.

On Nov. 5, 2005, Howard, a 13-year-old boy, was walking to a friend’s house in East Orange when a car allegedly driven by Patrick Sterling went on the sidewalk and killed him, according to news reports. Sterling was being chased by Orange Police Capt. John Young, according to reports.

Some witnesses have accused Young of purposefully ramming into Sterling’s car, forcing it onto the sidewalk. Sterling, who was driving his mother’s car, has been charged with second-degree vehicular manslaughter and eluding police.

Young has not yet been charged. The Essex County Prosecutor told the Star-Ledger, in a story three days after the accident, "I intend to ensure that the facts and circumstances surrounding the tragic death of this child on Saturday, including any police pursuit, are fully investigated.”

But Howard’s family and the public are still waiting.

“They’ve been totally in the dark,” Goldfaden said. “Nine months have gone by and even though there is a victims’ liaison, I have spoken to that woman a number of times, and I can’t get any information out of either the prosecutor’s office or this victim’s liaison. It shouldn’t take nine months to get the story out to the family, as to what the situation is.”

He continued: “The family is not an adversary. The prosecutor doesn’t represent the police officer. The prosecutor represents the public [and] the victim.”

The police officer could be considered at fault in Howard’s case, Goldfaden explained. “Under most circumstances, the police have a right to chase cars, so long as they follow the state’s guidelines and so long as they follow the orders of their individual police departments. If they do that, then they are immune if anything happens during the course of that chase. Where they get into trouble is if they don’t follow their department’s or the Attorney General’s guidelines.”

The New Jersey Attorney General’s office issues state guidelines on high-speed chases. Under the guidelines, an officer can pursue a car if:

“The officer reasonably believes that the violator has committed an offense of the first or second degree…[or if] the violator poses an immediate threat to the safety of the public or other police officers…[or if] the violator's vehicle is being operated so as to pose an immediate threat to the safety of another person.”

Police are also permitted to initiate a chase for several other crimes, including aggravated assault, arson, burglary, car theft and “manufacturing, distributing or dispensing of controlled dangerous substances.”

But even if the above criteria are satisfied, the guidelines order an officer to consider, among other factors:

“Whether the identity of the violator is known to the point where later apprehension is possible….
Degree of risk created by pursuit…
Nature of the area: residential, commercial, school zone, open highway….
Population density and volume of pedestrian traffic.”
   
The police officer must stop the chase if “the danger to the pursuing officers or the public outweighs the necessity for immediate apprehension of the violator.” The officer also must get permission from a supervisor to continue the chase.

The Howard family is looking into whether or not there is any civil claim that can be pursued against the police officer that was chasing him, said Goldfaden. But the case appears to be at a standstill.

“I could file a lawsuit against the police officers,” he said. “I don’t have to wait. I do, because I don’t want to file a frivolous lawsuit. But I’m going to be forced to do so, because I can’t get any information from the prosecutor or the police.”

When contacted by City Belt, the Essex County Prosecutor’s office declined to provide any details of the investigation, which, the spokesman said, had concluded. The case has not yet been brought before a grand jury, he said.

The Newark-based People’s Organization for Progress (POP) has organized several marches since Howard’s death to keep pressure and attention on the case -- a case that seems to be stuck in the same opaque place it was last November. Lawrence Hamm, the group’s chair, arrived at the accident when Howard was still pinned under the car.

“What was so important [that the officer] had to engage in a chase?” Hamm asked in an interview with City Belt. “The car wasn’t even stolen. What was so important? That’s the question we have to ask over and over.”

And the prosecutor’s office continual refusal to answer that question compounds an already tragic situation.

“What justice would look like depends on getting a full and accurate picture of what happened,” said Hamm. “That’s really the first thing we’re calling for. The circumstances surrounding this case are so vague.”

POP is also urging police to look at alternative ways of catching suspects and to stop police chases in residential neighborhoods, he said.

“We’re not trying to keep police from doing their jobs,” said Hamm. “We want to keep innocent people from being injured and killed. This particular technique seems to do more harm than good.”

In 2004 there were 1,897 police chases, resulting in 220 accidents and three deaths, according to the Star-Ledger. Most pursuits began because of motor vehicle violations or a stolen car, the Ledger reported. And although the problem is statewide, many of these chases occur in urban areas like Jersey City, Newark, Orange and East Orange, said Goldfaden.

While police have a right to pursue suspects, the severity of the crime must be weighed against the danger of a chase. It seems tragically illogical to create a violent crime while pursuing a non-violent suspect.

“Most police officers are great people and do a very difficult job under very difficult circumstances,” said Goldfaden. “But there are a few bad apples who want to be cowboys.”

On the Web:
The NJ Attorney General's Guidelines
POP

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Comments

[wendy brown-howard]

The State Attorney General doesnt state;that there needs to be changes in there policy.We deal with the lost of my son Dennis everyday.Still looking for answers.Knowing something has to give,not wanting another parent to have to grieve everyday as if it was November 5,2005.Thank you for the support,we will have JUSTICE for DENNIS HOWARD.

[Elizabeth Weill-Greenberg]

Dear Wendy,

Thank you so much for posting a comment. We here at City Belt are so incredibly sorry for your tragic loss and want to do whatever we can to prevent these deaths in the future. Unfortunately, police are bound to repeat the deadly mistakes of the past as long as victims are kept in the dark and investigations are kept secret. We must know the results of the investigation and answers to so many unanswered questions -- why was Capt. Young chasing the car?

Peace, Elizabeth

[Candy Priano]

My innocent daughter, Kristie, was killed in a non-policy police chase in California in 2002. As with all the stories I read about police chases that end in the death of the innocent, my heart broke when I read this story. I have posted Dennis' name and a link to this story on the kristieslaw Web site. My condolences to all those who love Dennis.

I also posted the story about innocent victims, Christina and Jacqueline Becker, also from New Jersey.

Candy

[KAYLA BROWN]

DENNIS WAYNE HOWARD 3RD IS MY FIRST COUSIN. LIKE MY AUNT WENDY HAS ALREADY STATED WE MISS HIM EVERYDAY. IT DOSEN'T GET ANY BETTER AS THE DAYS, WEEKS, MONTHS AND YEARS GO BY. I HAVE YET TO SEE ANY JUSTICE! WE ALL KNOW THE SYSTEM IS FLAWED BUT HOW MUCH DO YOU THINK THIS FAMILY CAN TAKE?!! NOTHING THAT CAN BE DONE CAN EASE THE PAIN OR MAKE IT GO AWAY. WAITING IS THE WORSE PART; YOU LITERALLY GO INSANE. AND MANY WONDER WHY WE TAKE THE LAW INTO OUR OWN HANDS. WELL YOU CAN STOP WONDERING BECAUSE THIS IS ONE OF MANY REASONS WHY!!!! THAT IS A GREAT SHAME TO FEEL YOU CAN NOT FIND JUSTICE THROUGH THE SYSTEM BUT HAVE TO TAKE IT UPON YOURSELF AND STILL SUFFER FOR IT. WHATS THE JUSTICE IN THAT?! REALITY IS, THERE REALLY IS NONE.

[Keyonna Brown]

DENNIS WAYNE HOWARD IS ALSO MY FIRST COUSIN, I FIND IT VERY HARD KNOWING THAT THESE PEOPLE AREN'T DOING ANYTHING ABOUT MY LITTLE COUSIN'S CASE, YOU PEOPLE ACT AS IF IT WAS AN ANIMAL THAT WAS HIT AND KILLED, NO, IT WAS AN INNOCENT LITTLE BOY NOT KNOWING WHAT WAS GOING ON. MAYBE IF THE POLICE THAT ONLY CARES ABOUT HIMSELF WOULD HAVE HAD HIS SIRENS ON MAYBE MY COUSIN DENNIS HOWARD WOULD STILL BE LIVING. ITS HARD GOING THROUGH ANOTHER YEAR WITH OUT HIM NOT BEING HERE. WHEN HIS BIRTHDAY COMES AROUND I GET UP EARLY TO CALL HIM TO WISH HIM A HAPPY BIRTHDAY BUT I FORGET THAT HE ISN'T HERE AND IT HURTS VERY BADLY.I GREW UP WITH HIM, HE WAS LIKE MY BESTFREIND. WHAT ARE WE TO DO? HOW DO YOU THINK THAT FEEL TO HIS BROTHERS AND SISTERS? IT HURTS, IT REALLY DOES. AND FOR YOU PEOPLE TO NOT DO ANYTHING ABOUT IT THATS BULLSHIT IT REALLY IS, BUT WE WILL NOT GIVE UP UNTIL WE GET JUSTICE!!

[ROBBIN SLAUGHTER]

I AM NOT RELATED TO THIS FAMILY BY BLOOD, I AM RELATED TO THEM IN SPIRIT, AMOUNGT KNOWING THIS FAMILY PERSONALLY. IT IS A SHAME THAT THIS CASE IS STILL BEING INVESTIGATED. THE AGONY AND PAIN THAT THE FAMILY HAS ALREADY SUFFERED STILL LINGERS BECAUSE OF THE LACK OF COMMITMENT FROM THE JUSTICE SYSTEM. MY HEART GOES OUT TO THE FAMILY AND I HOPE JUSTICE IS DONE SOON SO THAT THIS FAMILY CAN TRY TO MOVE ON WITH THEIR LIVES. IT WILL NEVER BRING LIL' DENNIS BACK, BUT HOPEFULLY IT WILL HELP GIVE SOME KIND OF ASSURANCE THAT THE CRIMINAL JUSTICE SYSTEM DOES REALLY WORK. LOVE, PEACE AND BLESSINGS ALWAYS

[Linda Hamilton]

DENNIS WAS LIKE A BROTHER TO ME. WE GROWN UP TOGETHER. ON NOVEMBER 5 FINDIN OUT HE WAS GONE WAS THE WORST DAY OF MA LIFE. I HAD JUST SEEN HIM THAT FRIDAY AND WE SAID GOOD BYE NOT KNOWIN THAT WOULD BE THE LAST TIME I SEEN HIM ALIVE. LET THIS HAD BEEN A POLICE OFFICER KILLED THERE WOULD HAVE BEEN JUSTICE DONE A LONG TIME AGO. BUT OH THIS IS A BOY WHO DID NITHING WRONG BUT JUST WALKIIN TO A FRIENDS HOUSE AND GET KILLED AND U MEAN TO TELL ME JUSTICE SHOULD'NT BE TAKEN PLACE THESE PEOPLE SHOULD BE ASHAMED OF THERE SELF. ITS LIKE YOUR TELLIN PEOPLE ITS OK TO KILL EACH OTHER AND GET AWAY. WE NEED JUSTICE NOW FOR DENNIS SO HE CAN REALLY REST IN PEACE. I LOVE U DENNIS...

[Linda Hamilton]

DENNIS WAS LIKE A BROTHER TO ME. WE GROWN UP TOGETHER. ON NOVEMBER 5 FINDIN OUT HE WAS GONE WAS THE WORST DAY OF MA LIFE. I HAD JUST SEEN HIM THAT FRIDAY AND WE SAID GOOD BYE NOT KNOWIN THAT WOULD BE THE LAST TIME I SEEN HIM ALIVE. LET THIS HAD BEEN A POLICE OFFICER KILLED THERE WOULD HAVE BEEN JUSTICE DONE A LONG TIME AGO. BUT OH THIS IS A BOY WHO DID NITHING WRONG BUT JUST WALKIIN TO A FRIENDS HOUSE AND GET KILLED AND U MEAN TO TELL ME JUSTICE SHOULD'NT BE TAKEN PLACE THESE PEOPLE SHOULD BE ASHAMED OF THERE SELF. ITS LIKE YOUR TELLIN PEOPLE ITS OK TO KILL EACH OTHER AND GET AWAY. WE NEED JUSTICE NOW FOR DENNIS SO HE CAN REALLY REST IN PEACE. I LOVE U DENNIS...

[brittney woodhouse]

dennis wayne howard 3rd was my favorite cousin, he had my back no matter what happened. we got into trouble with each other and always fought 4 each other. when my aunt wendy called me and told me what happened i couldn't eat,sleep. he was always on my mind. he's gone but not foregotten. i used to call him chocolate thunder.