3rd person dies from chase

A woman died Monday from injuries suffered the day before when the car she was in was hit by a stolen, speeding sport utility vehicle whose driver was trying to elude sheriff's deputies, according to the Stanislaus County Sheriff's Department.

Two other people died in the crash, which happened about 2:30 p.m. on Claribel Road between Coffee and Oakdale roads north of Modesto.

The only survivor is Francisco Martinez, the driver of the stolen SUV, authorities said. He faces three counts of murder along with other charges.

Heather Miller, 40, of San Leandro, died Monday. She was riding in a Ford Taurus with Steven Jackson, 53, of Modesto. He died at Doctors Medical Center a few hours after the crash. Bran- don Ellis, 20, of Riverbank died at the scene. He had been in the SUV with Martinez, 26, of Modesto, said deputy Royjindar Singh, a sheriff's spokesman.

Miller and Jackson were wearing seat belts, a California Highway Patrol report said. Ellis and Martinez were not.

Neither Miller's nor Jackson's family could be reached Monday.

Ellis' family gathered at his grandmother's house to mourn his death and plan his funeral. Family members said they feel terrible about the crash and stressed that Ellis was not at fault.

"He was a passenger, not behind the wheel, and not responsible for the pursuit. We are all victims of this accident," said Ellis' cousin Kirsten Strand, 42, of Modesto.

Ellis and Martinez were cousins, Strand said. Strand, who is not related to Martinez, said Ellis was influenced easily and likely didn't know what he was getting himself into.

"He was a good kid with a big heart. He wasn't a criminal. He wasn't the type of person to run from cops," she said.

After the crash Sunday, Singh said Martinez and Ellis were considered auto theft suspects.

The chase began in Modesto, where Martinez and Ellis allegedly stole a white 2002 Mitsubishi Montero about 12 minutes before the crash and headed north on McHenry Avenue toward Riverbank. Sheriff's deputies followed the vehicle at speeds as high as 90 mph as it barreled toward Claribel Road, said California Highway Patrol Officer Mike Blum.

After turning east onto Clari- bel, Martinez ran a stop sign at Coffee Road. The sheriff's deputies broke off their pursuit because there was other traffic and the SUV was being driven erratically, Singh said. Shortly afterward, Martinez pulled into the opposite lane and hit the Taurus.

The SUV flew into a utility pole, and Martinez was ejected. He landed near the pole and was treated for minor cuts to his legs, back and face. The Bee initially reported that the Taurus hit the pole.

Martinez is in the Stanislaus County Jail being held without bail on suspicion of murder, vehicle theft, possession of a stolen vehicle, evading police resulting in fatality, driving while intoxicated and driving on a suspended license, Blum said. Because the crash occurred be- tween Modesto and Riverbank, the CHP is leading the investi- gation.

Sheriff's officials are investigating whether deputies followed protocol when pursuing Martinez. Deputies chased the SUV for less than a minute before calling off the pursuit because Martinez was driving erratically in heavy traffic.

"We have to look at all the facts. It doesn't look like any rules were broken," Singh said.

Deputies involved in the pursuit were shaken by what happened in front of them, Singh said.

"They were the first on the scene to see two injured, innocent people. When you are the first on the scene and you're trying to save lives, it seems like backup takes forever," he said.

Bee staff writer Eve Hightower can be reached at 578-2382 or ehightower@modbee.com.

This story was originally published December 11, 2007 at 3:33 AM with the headline "3rd person dies from chase."