Police pursuit policy not released

HARLINGEN — Police have refused to provide details about the March 24 police pursuit that ended with the arrest of a drug suspect whose truck, police said, crashed into a car, killing a woman.
On Tuesday, police refused to release the department’s pursuit policy or to even say whether the department has one and if the officers involved followed it.
Acting Police Chief Michael Kester referred all questions to Roxann Cotroneo, the city attorney.
Cotroneo said she is the “go-to person” for questions regarding the fatal crash because the city is anticipating a lawsuit.
She said the police department does have a pursuit policy in place, but is waiting for advice from the District Attorney’s Office on whether the policy would be released to the public.
She said she was busy Tuesday evening with an Economic Development Corporation meeting and could not comment on any further questions, but added she would be available to discuss the case at a later time.
However,  Cotroneo said that as of Tuesday evening, no lawsuits had been brought to her attention.
Among the unanswered questions is whether the Harlingen Police Department is conducting an internal investigation or if it will ask another agency, such as the Texas Rangers, to investigate whether the pursuit followed accepted procedures.
Police officials will not say if the officers involved in the pursuit remain on the job pending the outcome of any investigation.
Other agencies were more forthcoming about information regarding pursuit policies, such as the Texas Department of Public Safety and the Cameron County Sherriff’s Department.
A DPS spokeswoman released the agencies’ emergency and pursuit operations as outlined in the Texas Highway Patrol Enforcement Manual.
The DPS policy states that a trooper should give consideration to traffic conditions, the terrain and the condition of the roadways in the area.
It also states that there are many instances when it is not practical to continue a chase, due to the safety of the public and the officer involved, and the decision to end a pursuit lies upon the officer involved in the chase.
Sheriff Omar Lucio said the information regarding his department’s pursuit policy was not exactly public information.
He said that if he released the full details of the pursuit policy, criminals might use the information to evade arrest.
However, Lucio did say that all of his patrol officers know about the policy, and that public safety is the main concern.
A DPS spokeswoman said that it was up to the agencies involved to come up with and follow their own policies, and that DPS policies do not reflect on other agencies.
Police said Eric Christopher Gonzalez, 31, of Rio Hondo, the driver of the pickup that was pursued by police, has been charged with murder in connection with the death of 44-year-old Maria Delaluz of Harlingen.
He also faces charges of aggravated assault, felon in possession of a weapon, evading arrest and possession of marijuana.
Police said Delaluz was a passenger in a Nissan Altima that was being driven by her husband, Javier Osorino Ibarra, 50.
According to a police statement, Gonzalez refused to stop for police who had him under surveillance and observed him commit a traffic violation.
Police pursued Gonzalez until his pickup struck the Altima at the intersection of Ed Carey Drive and the Expressway 77/83 frontage road, police said.