Family sues over fatal car chase crash

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Family sues over fatal car chase crash

BY ANDREW STRICKLER
Newsday Staff Writer

January 11, 2007, 8:57 PM EST

Accusing police of "cowboy" tactics in a high-speed chase that ended with the death of a father of two in his living room, William Calhoun's family filed notice Thursday that they plan to sue Suffolk and Nassau counties for $20 million.

"It's still mind-blowing to me," Brian Calhoun, 25, said of the Dec. 28 crash that killed his father in the Farmingdale home they shared. "He was so healthy. We really expected him to get to be a grandfather."

Calhoun, who was home at the time of the accident but was not injured, said police should have let the fleeing suspect go rather than risk lives in a dangerous pursuit.

"We're not arguing that shouldn't get the guy, but there are other ways," he said. "This didn't have to happen."

Suffolk police, who initiated the four-minute chase, referred questions to the county attorney's office. County attorney Christine Malafi declined to discuss the pending lawsuit.

"Our sympathies go out to the family ... but we've not had the opportunity to investigate as we were just served on this," Malafi said last night.

In a statement issued after the accident, Police Commissioner Richard Dormer said the pursuit was justified and that officers followed department guidelines.

The notice of claim filed on behalf of the Calhoun family charges police with "failing to terminate the chase after it became obvious that the perpetrator would flee, the risk too great and the reason for chasing not justified."

The document, the precursor to a lawsuit, also says police violated their own pursuit policy when they chased suspect Richard Mair, 28, of Ridge, at speeds witnesses said appeared to reach 90 mph.

"No sane person can take the position that this chase should have gone on for more than 30 seconds," said Mineola attorney Bob Sullivan, who represents the Calhouns.

Calhoun, 59, died when Mair lost control of his car while fleeing police and crashed through Calhoun's garage and living room on Fulton Road, crushing the homeowner on his couch.

Police said Mair fought with police before being arrested in the destroyed room. He was arraigned on felony fleeing from police and driving while intoxicated. Officials have said that Mair, who was on parole for a drug conviction, could face additional charges. Mair remains in jail on bail of $2 million.

Both Suffolk and Nassau police declined to discuss their pursuit policies, citing concerns that the information could be used to elude police.

Sitting in her North Babylon apartment, Linda Calhoun, 58, said the death of her estranged husband has most affected their youngest son Christopher, 19, who is severely autistic.

Christopher spent weekends with his father, often going to movies and playing video games with him. Calhoun said the pair spoke by phone daily.

"He doesn't grieve like you or me, but he's lost a part of himself," she said.

Like Brian, Linda Calhoun questioned the police officers' choice to pursue Mair, who took off after officers approached his car and asked for identification. Police have said an officer smelled alcohol on Mair's breath.

Sullivan said that while Mair was chased by Suffolk police largely within that county, he also filed the notice in Nassau while the facts of the case are still being learned.

"As regrettable as this incident was, there is no possible liability here for Nassau County," said Nassau County attorney Lorna Goodman.
Copyright 2007 Newsday Inc.

Posted 1/12/07 11:19 AM