A Tucson woman has filed a wrongful death lawsuit against the city, saying her son died in a car crash that followed a high-speed police chase.
In the suit, filed on Sept. 21, Rebekah Butz alleges her son died as a result of negligence by the Tucson Police Department for failing to adequately train Officer Christopher Crowder.
The lawsuit says that shortly before midnight on Sept. 21, 2015, Crowder saw Michael Schomisch’s car fail to completely stop while pulling out of a parking lot near South Elson Avenue onto East Stella Road. Instead of pulling him over, Crowder followed the car.
“According to his (investigative) report, Officer Crowder ‘thought it was probable that the vehicle would commit further traffic offenses,” Butz, who is representing herself, wrote in the lawsuit.
Crowder turned on his dashboard camera to record any additional violations, and continued to follow Schomisch, who eventually made a left turn onto East Escalante Road.
“As Michael’s car accelerated, Crowder sped up as well, but still he did not activate his emergency lights or siren,” Butz wrote in the suit, adding that Crowder’s vehicle reached 105 mph.
As Schomisch approached the intersection at Queen Palm Drive, an oncoming driver turned in front of his car, causing him to swerve, the lawsuit said.
His car flipped and hit a light pole, ejecting him from the car.
“Without emergency lights or a siren to alert her, the westbound driver was unable to see the pursuit or to assess the speed of the oncoming vehicles,” Butz wrote in the suit.
The lawsuit stated that because of Crowder’s lack of training, he engaged in an unnecessary high-speed pursuit, and compounded the danger by failing to use his lights and sirens.
According to TPD policy, vehicle pursuits are only allowed if the officer has reason to believe occupants of the vehicle have been involved in a felony offense against another person, such as robbery, sexual assault or homicide.
In addition, the policy goes on to say that when officers are engaged in a pursuit, the emergency lights and sirens “shall both be in constant operation.”
The lawsuit says that by Crowder’s own admission in the police report, he violated both policies.
No dollar amount is specified in the suit, which instead asks for reasonable compensation for her damages and for further relief.
City Attorney Mike Rankin has previously told the Star that he’s unable to comment on pending court cases.
The news release issued by Tucson police at the time of Schomisch’s death did not mention any pursuit or TPD involvement prior to the crash.
Crowder currently works with TPD as a lead police officer, said TPD human resource supervisor, Jennifer Urbina.
