Stanislaus Sheriff’s Department should have used better discretion in fatal chase

The tragic shooting death of a fleeing teen driver by a Stanislaus County sheriff’s deputy raises several profoundly serious questions of authorities’ judgment in initiating and continuing the May 18 vehicle pursuit.

Killed was 16-year-old Xander Mann, who lived in Riverbank. He was behind the wheel when Deputy Gerardo Zazueta, having just stepped outside his patrol car, shot Mann as he drove a carload of four other teens toward the officer.

A car is a deadly weapon, no matter who drives it. Although investigations are ongoing, and Mann’s passengers dispute the official version of events, it appears from video footage that Zazueta had reason to defend himself.

But he would not have had to resort to lethal force if authorities had used better discretion with the chase.

Because about one person is killed each day in police pursuits across the United States, law enforcement agencies adopt policies providing guidelines for when pursuits are needed and when they’re not. Stanislaus Sheriff Jeff Dirkse’s own policy casts all kinds of doubt on the reasons for the chase that preceded Mann’s death.

“Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious injury or death,” reads the opening sentence to Dirkse’s policy. Another part reads, “Deputies must not forget that the immediate apprehension of a suspect is generally not more important than the safety of the public and pursuing deputies.”

So why was it so important to apprehend Mann?

In an interview, Dirkse said he doesn’t know the specific violation for which Mann was stopped, but he assumes it was a minor offense. Because the sheriff will be the final judge if any discipline of his staff is warranted, he avoids such internal investigations until they’re complete, he said.

Of the specific reason Mann was stopped, Dirkse said: “Does it matter?”

Yes — because department policy says it does.

Stanislaus sheriff pursuit guidelines

Officers consider an array of factors when initiating a pursuit, the policy says. Top on the list: Seriousness of the known or reasonably suspected crime and its relationship to community safety.

Others include:

• Balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to deputies, innocent motorists and others.
• Whether the suspects represent a serious threat to public safety.
• Other persons in or on the pursued vehicle.

If Dirkse’s hunch is right — that Mann’s offense was minor — someone in the Sheriff’s Department has some explaining to do. Officers must make perfectly clear why they discounted the above guidelines, and others — including the obvious remedy of waiting for a better time to pick up a known suspect, when a violent outcome is less likely.

They must explain why the lives of the four other teens were put at risk. Did deputies have some knowledge of their complicity in a crime? Did the sergeant coordinating the chase consider whether these kids might have been begging Mann to stop, to let them out, to not make them party to his problem?

An attorney for Mann’s survivors says he recently had been released from juvenile hall and used poor judgment in speeding away.

As tragic as the death was, things easily could have turned out so much worse. A third of those killed in police pursuits are bystanders or other innocent parties, according to the nonprofit Pursuit Safety. As sad as the four in Mann’s car must be, one can imagine their relief — and that of their parents and families — that they were not hurt.

Most police pursuits end within one minute and one mile, according to a November 2019 report to the California Senate. Dirkse’s policy says, “Extended pursuits for misdemeanors not involving violence or risk of serious harm, independent of the pursuit, are discouraged.” Yet deputies — joined by Modesto police — kept after Mann for 20 minutes over 15 miles. The sheriff must explain why continuing the pursuit was justified.

Dirkse noted other factors weighing in favor of the pursuit, including the fact that traffic was light at 2 a.m., weather conditions were good, and although he blew through stop signs and signals, Mann’s car apparently never topped 60 mph.

Fair enough. But do those factors justify an activity — a vehicle pursuit — that so often ends in violence and heartbreak?

High risk inherent in police chases

Here’s another line from Dirkse’s own policy: In recognizing the potential risk to public safety created by vehicular pursuits, no deputy or supervisor shall be criticized or disciplined for deciding not to engage in a vehicular pursuit because of the risk involved.

The Bee commended Dirkse when, soon after he was elected, the department introduced body cameras worn by officers. It’s a problem when they capture only part of critical incidents, like this one.

First, Zazueta failed to turn on his body cam. Footage released 11 days after the chase came from other deputies, providing an incomplete picture of what happened.

By contrast, the Modesto Police Department’s recording system automatically turns on cameras as incidents escalate to Code 3, when police lights and sirens go on. It’s a shame that our Sheriff’s Department more than two years ago bought equipment on the cheap.

Second, because deputies’ body cams are positioned on their chests, much of the pursuit footage shows an unhelpful view of an officer’s steering wheel.

This editorial board in March 2019 urged Dirkse to augment transparency with dashboard cams mounted on patrol vehicles, which viewers recognize for delivering a much better understanding of such chases. The sheriff said he is considering an upgrade. The Stanislaus County Board of Supervisors should allocate the money, if Dirkse pulls together a decent funding request.

Dirkse told The Bee, “If (Mann) would have pulled over, if he had simply complied, he would have gotten a ticket. He was not shot because of a traffic violation; he was shot because he drove a car directly at a deputy.”

Agreed. But none of that would have happened if authorities had given more weight to the ample caution against vehicle pursuits outlined in their own policy.

Because they did not, a family now grieves the death of a 16-year-old and a deputy will forever live with the memory of ending a life. Neither deserves this.

This story was originally published June 4, 2021 at 4:00 AM.