Texas Pursuit Policy Kept Confidential After Fatal Wreck

(TNS) — The Montgomery County Attorney’s Office is supporting law enforcement agencies’ efforts to keep vehicle chase policies confidential after Precinct 4 Constable Rowdy Hayden refused to release his department’s policy after a deputy pursued a driver on U.S. 59 that ended in a head-on collision and killed a Houston mother.

County Attorney B.D. Griffin has requested an opinion from the Texas Attorney General’s Office on whether Hayden’s policy can remain confidential after the Oct. 9 pursuit.

“Montgomery County law enforcement has consistently urged that pursuit policy is exempt from disclosure under Section 552.108(b)(1) and the attorney general has permitted the withholding from public disclosure,” Griffin said Friday.

Hayden did not respond to requests for comment.

CHASE ENDED IN FATAL HEAD-ON WRECK

According to a KTRK ABC-13 report, a deputy with Hayden’s department joined a pursuit with Humble and Houston police officers after a driver fled from officers and drove north on U.S. 59. Officers said they abandoned the chase once the driver began driving the wrong way on the highway. The Precinct 4 deputy continued the chase, which ended in a fatal head-on collision.Sebastian Sanchez has been charged with felony murder for the death of Esoterica Spivey and remains in the Harris County Jail on a $450,000 bond, according to court records.

POLICY CHANGES LIMIT PURSUITS

In 2023, the Houston Police Department made sweeping changes to its vehicle chase policy, reducing chases. In the 11 months since the new policy was introduced, police engaged in 1,060 pursuits, a steep decrease from about 1,650 over the same time period the previous year. Houston Police Executive Chief Thomas Hardin praised the decrease, saying it is helping keep the community safer.

Montgomery County Sheriff’s Office Lt. Scott Spencer said his department has received similar requests for their policy.

“We have gotten requests for it and sent it to the County Attorney’s Office and Attorney General’s Office,” Spencer said of the department’s policy that does prohibit continuing a vehicle pursuit against traffic flow.

In 2018, the Harris County Attorney’s Office also sought an opinion from the Attorney General’s Office regarding the release of the Harris County Sheriff’s Office vehicle pursuit policy.

According to the opinion, the sheriff’s office maintained the release of the policy “would allow an individual to anticipate police strategy during a pursuit and thwart police efforts” and “negatively affect the (sheriff’s office’s) ability to investigate, interdict, and prosecute crimes” and “endanger the safety of officers.”

The Attorney General opinion stated while the policy should be released to a requestor, parts of the policy could be kept confidential.

“Upon review, we find the release of some of the submitted information would interfere with law enforcement. Therefore, the sheriff’s office may withhold this information,” the opinion stated.

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