Dallas police chief issues new rules on speeding in patrol cars

By TANYA EISERER
The Dallas Morning News

Dallas Police Chief David Kunkle put the word out to his officers Thursday: Do not drive above the speed limit unless lights and sirens are activated.

The new rules come on the heels of recent controversial driving incidents, including the death last Friday of 10-year-old Cole Berardi, who was struck by an officer driving at least 29 mph over the speed limit on a darkened road. His sirens and emergency lights were not on.

"This has affected me more than any other situation," Chief Kunkle said during a news conference at police headquarters Thursday.

"If I could do anything to bring Cole Berardi back, I would. I know the officer involved; his life has been forever changed by this incident."

Last month, after a chase that ended with an officer seriously injured in a pursuit, Chief Kunkle appointed a panel to review the department's policy on driving in pursuits and in emergency situations.

He said Cole's death gave him the final impetus to go ahead and issue some changes before the panel completes its work.

Stan Broome, a lawyer representing a family who sued in a case in which a pedestrian was struck and killed by an officer in 2005, said he was pleased by the changes but that it shouldn't have taken so long.

"Had someone taken the steps like Chief Kunkle did today following the death of L.V. Daniels Jr., then Cole Berardi would be alive today," Mr. Broome said.

Video of accident

Police released a video of the accident Thursday. It shows Senior Cpl. Michael Vaughn driving down a darkened Belt Line Road as he heads to a disturbance where a man was reported to be banging on a door with a gun. In a flash, Cole appears on the screen, and he's almost instantly hit by the squad car.

The video then shows the officer turning his car around and returning to the scene to search for what he had hit. Cole's bicycle is visible in the foreground.

The police accident report released Thursday lists speed as a contributing factor in the accident. It states that the speed of Cpl. Vaughn's vehicle ranged from 69 mph to 72 mph at the time of impact. The speed limit on that stretch of road is 40 mph.

Cpl. Vaughn is on restricted duty. It is not clear what, if any, discipline he will receive. The matter will be referred to a grand jury to determine whether he should face criminal charges.

Under the new policy, officers will generally be prohibited from traveling faster than 20 mph over the speed limit on major roads and freeways when their lights and sirens are activated, which is called a "Code 3" response.

Previously, there were no limitations on speed when officers were responding Code 3.

Officers also will be required to observe the posted speed limit in residential neighborhoods and school zones even when their lights and sirens are activated under a Code 3. They have also been ordered to slow down at intersections to make sure they are clear before running a stop sign or light.

When responding to nonemergency calls, police will be required to travel the posted speed limit and obey traffic laws.

Previously, the policy was less explicit. It stated that officers should "proceed with the normal traffic flow and obey all traffic control devices and signals" when driving without lights and sirens. Limitations on speed could be interpreted several ways, and some officers have said that department has always urged officers to get to a call as quickly as possible.

"We do not want our officers speeding, violating any traffic laws, unless they are doing it with their lights and sirens on," Chief Kunkle said.

Change in mind-set

The department will also attempt to get officers to change the way they think about going to Code 3 – commanders want officers to be more willing to act under Code 3, and, once at Code 3, have a more tempered response to how they go about their business.

"We're saying that it's OK to go Code 3 if you have to," said Assistant Chief Floyd Simpson, who oversees the city's seven patrol stations.

Officers also will be allowed to exceed the 20-mph limit in limited circumstances: when another officer is in immediate danger or when they are authorized to be involved in a pursuit. The policy also states that there may be other times when it is necessary to go faster than that, but that "officers are not relieved of their responsibility to exercise due regard for the safety of all persons."

Representatives of the department's police associations, who flanked the chief as he made the announcement, said they support the latest changes.

"I think it can save lives and keep officers, as well as the citizens of the Dallas, safe," said Sgt. Sheldon Smith, executive vice president of the Black Police Association.

The Dallas Morning News. "Dallas police chief issues new rules on speeding in patrol cars" dallasnews.com [updated October 24, 2008; cited Oct 26, 2008]. Available from
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