File photo of a Harris County Sheriff's Office patrol vehicle, not the vehicle involved. Photo: Jason Lawrence via Wikimedia Commons, CC BY 2.0
A man driving a vehicle the Harris County Sheriff’s Office calls stolen opened the driver’s door in the middle of a pursuit in north Harris County, Texas, fell out, and was run over by the unoccupied vehicle at about 11:11 p.m. on Saturday, Oct. 17. He was taken by ambulance to a hospital in critical condition with serious injuries, according to the sheriff’s office traffic release for the 1000 block of Cypress Station Drive.
What the sheriff’s office says happened
The release says a deputy was pursuing the vehicle southbound when the driver failed to stay in one lane and swerved left toward a private driveway for an apartment complex. The vehicle struck a curb on the east side of the road and went into a grass median. The driver kept going southbound, opened the driver’s-side door as the vehicle hit a second curb, and fell out. HCSO says the vehicle ran him over, then continued with no one in it along a grass shoulder, struck a pole, and stopped in the northbound lanes facing south.
The case is open and is being handled by the Vehicular Crimes Division. The release announces no charges, and ABC13 reported that the sheriff’s office has not said what charges may be filed. KHOU gave the same account of the sequence. Backfire News found no video of it from HCSO or anyone else, no bodycam and no dashcam, so there is nothing to embed.
Evading arrest, and who counts as “another”
In Texas, a car is what turns running from a deputy into a felony. Under Penal Code Section 38.04, intentionally fleeing from a peace officer who is lawfully trying to arrest or detain you is a Class A misdemeanor. It becomes a state jail felony when the person uses a vehicle while in flight, and Section 12.35 sets that range at 180 days to two years in a state jail and a fine of up to $10,000. Whether anyone is charged with that here is a decision for prosecutors, and the sheriff’s office has announced nothing.
The statute’s higher tiers turn on injury, but they are worded narrowly. The third-degree felony applies when “another suffers serious bodily injury” as a direct result of the officer’s attempt to apprehend the person in flight, and the second-degree felony applies when another suffers death. In Backfire News’s reading, the word “another” means a man critically hurt by his own vehicle does not raise his own evading count. A bystander or a passenger hurt in the same chase is what those tiers describe.
The vehicle is a separate question. Section 31.07 makes it a state jail felony to operate another person’s motor-propelled vehicle without the owner’s effective consent, which carries the same 180-day-to-two-year range. The release calls the vehicle stolen but does not say who owned it or what, if anything, will be filed over it.
A car with no one in it
The release skips the make and model, the speed, how long the chase ran and why it started. It also skips what gear the vehicle was in, which matters: a passenger car in Drive keeps rolling at idle speed with nobody on the brake. Transportation Code Section 545.404 requires a driver who leaves a vehicle unattended to stop the engine, lock the ignition, remove the key and set the parking brake. A driver who leaves mid-pursuit has done none of those things.
Whether to chase over a stolen vehicle is a judgment call, and agencies draw the line in different places. In Colorado Springs, police backed off a stolen Taurus that was going the wrong way on a boulevard, and it crashed anyway. In West Virginia, the family of a farmer who died after a 120-mph chase is taking police to court over how that pursuit ended. HCSO has not said what its pursuit policy required of the deputy on Cypress Station Drive.
What to watch
The Vehicular Crimes Division’s investigation is open. The release names no charge and still lists the man as critical, and Backfire News found no update after it. Any evading or unauthorized-use counts would show up in Harris County court records. What I would watch is whether HCSO ever releases its pursuit video or policy review.
Featured image: File photo of a Harris County Sheriff’s Office patrol vehicle, not the vehicle involved. Photo by Jason Lawrence via Wikimedia Commons, CC BY 2.0.
Should deputies chase a vehicle reported stolen past apartment complexes late at night, or back off and track it another way?
