As Nye County investigates a vehicle chase in Las Vegas last month that ended after the deputy’s patrol car appeared to ram the suspect’s motorcycle, questions remain as to whether the deputy exercised best practices not only in initiating the chase but also in how he ended the pursuit.
Traffic deputy Spencer Hagan, while taking part in a distracted driver campaign funded by the state, initiated a pursuit of Johnathan Rios on Aug. 28 after seeing him drive a motorcycle without a license plate on Interstate 11 near Charleston Boulevard, according to an arrest report.
Hagan wrote that he reached speeds of around 90 mph as Rios weaved in and out of traffic before exiting I-11 at the Tropicana Avenue off-ramp. Shortly thereafter, Hagan crossed a median with his vehicle just before the intersection of Mountain Vista Street and Tropicana Avenue and made contact with Rios, knocking over the motorcycle and causing the suspect to tumble into the roadway, a citizen-filmed video showed.
Despite the incident’s optics, a law enforcement expert said it’s too early to determine whether Hagan’s tactics to pursue and apprehend Rios violated any policies. The unreleased dash-camera and body-worn camera footage, along with other digital evidence, could provide more context or shed light on Hagan’s decision-making and the necessity of taking Rios into custody, he said.
“If I had taken the role of an investigator in this particular case, I would not be able to make an opinion as to whether or not it was justified or unjustified based on what we know right now,” said Ray Johnson, a UNLV adjunct professor and former assistant special agent in charge of the FBI Las Vegas field office. “I want to know the universe of video evidence that exists. I’d also want to know what was the initiation of this particular incident.”
The Nye County Sheriff’s Office and the Metropolitan Police Department are both investigating the incident. Outside of a short statement released to the Las Vegas Review-Journal and a social media post acknowledging the incident, Nye County has not provided an update or responded to an additional request for comment.
Rios faces charges of possession of a stolen vehicle, reckless driving, operating an unregistered vehicle, driving without a license and disobeying a peace officer.
What is known, according to the arrest report, is that Hagan initiated the pursuit after attempting to pull Rios over for the traffic violation and did not know the motorcycle was stolen until the chase concluded.
Was the pursuit reasonable?
Police pursuit policies have generally shifted toward a more cautious approach in recent years, as data shows chases continue to pose a danger, experts say.
“In order to justify the continued use of a pursuit, you want to make sure that the risk you’re trying to mitigate justifies that management of that risk against the public,” Johnson said.
A Department of Justice report from 2023 issued a recommendation that law enforcement agencies should “discourage or prohibit” pursuits involving motorcycles. While common sense would suggest that pursuing and striking a motorcycle is more dangerous, Johnson said the type of vehicle involved is irrelevant because officers’ decisions must be objectively reasonable.
Some states — such as Michigan — have codified regulations to restrict the circumstances of initiating a pursuit. Many law enforcement agencies have enacted policies to limit when pursuits can occur, though some departments have recently given officers or deputies more leeway and discretion to chase suspects.
Although some agencies have introduced policies limiting speed, Johnson said it is more important to look at the objective facts and consider the totality of the circumstances when determining what’s reasonable, drawing an analogy to how people drive under different weather or traffic conditions.
“If you go on a part of the highway that’s straight and has no construction, other barriers, or obstructions in the road, reasonable under the circumstances could be designated at 65 or 55 or whatever the legislature has determined for ideal conditions,” Johnson said. “If that same pursuit happened in the middle of a construction zone during rush hour where there’s a lot of traffic, it could arguably be unreasonable to go 50 mph, let alone 90 mph.”
Local agencies differ on rules
Metro amended its vehicle pursuit policy earlier this year to allow chases for DUI, stolen-vehicle investigations and vehicles related to major cases. The policy adds to existing rules that allowed pursuits for violent felonies and when there is a clear and immediate danger to the public.
In an article in the Las Vegas Police Protective Association’s internal magazine, executive board director Gregory Stinnett said the revised policy was the “least restrictive” in his 22-year career at Metro and resulted in several successful pursuits within days of going into effect.
“How long we get to keep this new policy, how long we get to go out there and ‘get after it,’ solely rests on the shoulders of the men and women pushing black and white, and that responsibility is tremendous,” Stinnett wrote. “Simply put, if those initiating and participating in vehicle pursuits consistently make bad decisions, exercise poor judgment while participating in vehicle pursuits, expect to go right back to where we started.”
The Henderson Police Department’s policy manual allows vehicle pursuits if there is suspicion a felony has occurred or is about to be committed. It also permits pursuits if a suspect represents a danger to human life or could cause serious bodily harm.
HPD prohibits vehicle pursuits of misdemeanor traffic violations that become felony evading charges, the manual states. Officers may not intentionally ram a vehicle unless deadly force is authorized and all other alternatives have been exhausted. HPD also prohibits using a precision immobilization technique, or PIT, to end a pursuit.
The Nye County Sheriff’s Office did not respond to questions about its pursuit policy.
While Hagan’s pursuit took place outside his normal jurisdiction, Johnson said the incident would be scrutinized based on Nye County training and policies.
“I can’t hold you accountable for policies you may never have had to deal with,” Johnson said.
Contact Devan Patel at dpatel@reviewjournal.com.
