Celtain Batterson (Photo from Chattanooga Police Department)Two Chattanooga police officers are under internal investigation after a high-speed pursuit of a reportedly intoxicated driver ended with the driver crashing into a home on North Moore Road in late August.
Officers Celtain Batterson and Donnis Boochie chased driver Nicholas Spurgeon after Batterson saw Spurgeon run a red light at the intersection of Brainerd and Moore roads on Aug. 31, records show.
It's not clear when Boochie joined the pursuit, but Spurgeon's arrest report first mentions him after Spurgeon had turned onto North Moore Road.
Batterson was working an extra job as security at the Brainerd Road Waffle House when he saw a black Chevrolet Silverado, driven by Spurgeon, run the red light and then tried to stop him.
But Spurgeon didn't stop. Instead, he drove through Barger Academy's parking lot and back onto Brainerd Road before turning onto North Moore Road. Both Batterson and Spurgeon gave chase, pursuing the vehicle that was traveling at speeds "well over 100 mph in a 35 mph zone," according to the arrest report.
Officers can only initiate or continue a pursuit when there is reasonable suspicion, before starting the pursuit, that the suspect has committed or is committing a violent felony, according to the department's pursuit policy.
Donnis Boochie (Photo from Chattanooga Police Department)It's not clear if Batterson suspected Spurgeon of driving under the influence from the beginning of the pursuit, but nevertheless, DUI is not listed as one of the violent felonies for which officers are allowed to pursue.
The policy defines violent felonies as murder, manslaughter, aggravated assault, armed robbery, rape, aggravated kidnapping, child sexual assaults and aggravated arson.
Running a red light is not listed as one of the charges for which officers should initiate a pursuit. In fact, the policy states officers "shall not initiate or become involved in pursuits for traffic offenses, misdemeanors, non-forcible felonies or when the suspect flees for an unknown reason."
In all cases, officers have to weigh the danger created by the pursuit and the immediate or potential danger if the suspect remains at large, according to the policy. The danger created by the pursuit has to be less than if the suspect remained free.
In this case, the truck left the roadway at 1100 North Moore Road and "went through several yards, a mailbox, a wood privacy fence, a wood storage shed, and finally went through the side of a house into [a] garage ... [and] hit 2 cars that were parked in the garage," the arrest report states.
Nicholas SpurgeonSpurgeon then got out of the truck, ran into the house and "demanded" that the homeowners hide him from police, authorities said. One of the homeowners detained him until Batterson and Boochie arrived.
Another officer then arrived and took Spurgeon to the Hamilton County Jail where he was charged with a number of offenses including reckless endangerment, criminal trespassing, evading arrest and driving under the influence.
While all pursuits are reviewed, not all rise to the level of an internal affairs investigation. In this case, the incident was referred to the internal affairs division by the watch commander who was on duty that night, not from a citizen complaint, police spokeswoman Elisa Myzal said.
An internal affairs investigation was opened the following week. Both officers face allegations of pursuit policy violations and remain on regular duty, as the department relieves officers of duty only "for the most egregious of situations," Myzal said.
Spurgeon is scheduled to appear in court Nov. 13.
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