Article clipped from Orland Park Star

‘Did my job,’ officer answers charges in police chase hearingAn emotional description of a highspeed chase ended testimony Saturday in an Orland Park police and fire commission hearing on charges filed by Police Chief Melbourne “Duke” Gorris against three village police officers.Commissioners will announce their verdict by December 19, according to Roy Benson, the commission’s chairman.Officer Tim McCarthy told commissioners “it was easier to justify the apprehension” of a 13-year-old juvenile than to allow the youth to continue driving dangerously on Interstate 80.I’M FULLY AWARE of the danger of high speed pursuits,” McCarthy said. “But he (the 13-year-old boy) was driving with reckless abandon. He had no concern for anybody.“I feel good about it, and I feel I did my job,” McCarthy said.Gorris charged McCarthy, Michael Muller and Sgt. Donald Smith with allegedly violating a departmental policy. The rule prohibits officers from engaging in high speed pursuits unless they have prior knowledge the suspect has committed a forcible felony offense.The police chief is requesting a three-day suspension for Muller, two days for McCarthy and one day for Smith.COMMISSIONERS, however, are not required to follow Gorris’ recommendations. They could levy more severe penalties. Or they could find the officers not guilty.After the hearing, Benson indicated the commission might reach a decision Saturday evening. Written notification would be given to attorneys within 15days, he said.The charges stem from a June 3 automobile chase.Tinley Park police clocked the youth driving his father’s Oldsmobile 72 miles an hour in a 45-mile-an-hour zone. Muller and McCarthy joined in pursuit at 159th street and 94th avenue.THE CHASE ENDED approximately 18 miles later, culminating in a traffic accident in downtown Joliet.In addition to the rule violation, Smith, a 16-year veteran and patrol sergeant that evening, was charged with not properly supervising the two officers.Gorris also filed two additional charges against Muller. One stated the officer endangered his and the juvenile’s life by steering his squad car alongside the youth’s vehicle. The other cited the officer for damaging the police car.In his final arguments, the officers’ attorney, Alan Masters, argued the departmental policy was vaguely written.ONE SECTION states an officer should stop pursuit if the public is endangered. “That order is almost tantamount to obstructing a ‘peace officer,’-” Masters said. “The chief has no authority to issue that portion of that order.”Gorris had testified that he explainedthe term “pursuit” and the policy’s intent at a July 2, 1981, departmental meeting.Masters said officers often have to drive at high speeds in order to apprehend motorists violating the speed limit. He questioned the difference between high speed pursuits and stoppingspeeders.“The difference has to do with persons trying to evade the officer — by speeding up to elude an officer, hard cornering, turning off lights,” Gorris said.THE OFFICERS testified they never learned of these nuances.Due to a temporary suspension, Smith claimed he had not been able to attend that meeting. Muller, who was hired later that year, never received an explanation of the rule, he said.Robert Gildo, the police chiefs attorney, closed his arguments by stating the departmental rule eliminated guesswork. “The decisions (of whether to pursue) were already made for him,” Gildo said.Calling McCarthy’s “assumptions absolutely wrong,” Gildo said, “I think it’s a sad commentary that after listening to all of this testimony, he can sit here and say, ‘I’d do it again.’-”McCarthy said his participation in the pursuit “was far better than pulling off.” He said the youth might have caused other traffic accidents if police discontinued the chase.“He was an animal running loose,” McCarthy said of the juvenile.
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Orland Park Star

Orland Park, Illinois, US

Thu, Dec 08, 1983

Page 2

Full Page
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Boyd C.

KY, USA 29 Jul 2019

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