Action of cop in unmarked vehicle deemed hazardous

Superior Court Associate Judge Juan T. Lizama has dismissed a traffic case against a motorist who was pursued by a police officer who was driving an unmarked vehicle.

Lizama found that the officer, Detective Chris Guerrero, created a hazardous situation that was “not in the interest of public safety, and cannot be condoned.”

“The court agrees that Officer Guerrero takes his job very seriously, and that the defendant, and not Officer Guerrero, is on trial in this case. However, the court is inclined to believe that Officer Guerrero created a hazard rather than mitigating one,” said the judge in dismissing the case against Jun Miao Yuan.

Guerrero arrested Yuan following a high-speed chase along Middle Road on April 8, 2005. The defendant was given citation for exceeding the speed limit, exceeding the posted limit, failure to use a turn signal, and reckless driving.

Yuan, through counsel assistant public defender Douglas Hartig, fought the case in court. He moved to dismiss the case.

During Wednesday’s hearing, Guerrero testified that he began “monitoring” the defendant while the latter was driving at 45 miles per hour, the speed limit on Middle Road.

Guerrero said he “followed” Yuan, closing the gap between the two vehicles, until both vehicles were moving side-by-side at 60 miles an hour.

The officer stated that the standard operating procedure, requiring emergency lights to be activated during pursuit, did not apply to his activity because he was not “pursuing” Yuan.

Yuan, apparently unaware that he was not being “pursued” by an unmarked vehicle, continued to increase his speed.

The vehicles were moving at 70 or 75 miles an hour, side-by-side on a wet road, before Yuan exited the road at the San Marianas garment factory. Only then did Guerrero take out his police badge and identify himself as a police officer.

In his order issued on Thursday, Lizama said that Guerrero had admitted at the hearing that he does not work in the traffic division, and that no other officer has been brought into court for arrests incidental to high-speed “monitoring.”

Lizama said Guerrero also admitted that, had he encountered two vehicles moving at 70 or 75 miles an hour, side-by-side on a wet road, he would have arrested both for reckless driving.

The judge said Guerrero asserted that he was acting in the interest of public safety, and that his own action was not reckless.

Lizama said there is no evidence that Yuan increased his speed until after he was “followed” by the unmarked vehicle.

“On the contrary, there is evidence that Officer Guerrero acted in violation of the standard operating procedures for emergency vehicle operation,” said Lizama in dismissing all citations against Yuan.

A few months ago, Lizama also dismissed a traffic case against a student who was also given citations by a pursuing police officer in an unmarked vehicle.