City of Metter Pays $500K to Settle Fatal Police Chase Lawsuit
The city in southeast Georgia's Candler County paid $500,000 and revamped its policy regarding when to initiate and continue pursuits against fleeing vehicles.
January 29, 2019 at 04:47 PM
4 minute read
In the wake of a high-speed police chase that left a young woman dead and the driver of the car she was riding in seriously injured, the southeast Georgia city of Metter has paid $500,000 to the young daughter of the deceased.
The city also agreed to change its policy regarding when police can conduct a chase. The fatal pursuit that killed Fenecia Holloway began when a Metter police officer following the minivan she was in ran a stop sign. The officer hit his blue lights, but the driver sped away.
The injured driver's insurance paid its $25,000 limit, bringing the total settlement to $525,000, said Justin Jones of Savannah's Justin T. Jones P.C. and Jeb Butler of Butler Tobin.
“It's nice to see your efforts end up having a real effect on how a defendant looks at their responsibilities,” said Jones. “In my experience, it's rare for a defendant to do anything like that publicly, and we appreciate that the city was ready to acknowledge that responsibility.”
“The Metter Police Department changed their pursuit policy in a way that we think is safer and smarter,” said Butler. “To us, that's a big deal—we feel like our case made a real difference.”
Metter was represented by Patrick O'Connor, Paul Threlkeld and David “Bobo” Mullins of Savannah's Oliver Maner.
“Given that there was evidence that Metter's pursuit policy was appropriate under the law, we were able to reach a compromise settlement that we believe was a fair resolution of the case,” Threlkeld said in an email.
The driver of the wrecked vehicle was represented by Karsten Bicknese of Seacrest Karesh Tate & Bicknese, who did not respond to a request for comment.
According to the lawyers and court filings, the accident occurred the morning of Dec. 5, 2015, when a woman jogging through a downtown park in the Candler County town noticed a Pontiac Aztek parked with the engine running. She called 911 and reported the tag number and continued on her way.
A Metter police officer in the area responded and saw the vehicle leaving the park and followed it, watching as driver Charlie Mincey “winds through a neighborhood and runs one or two stop signs,” Butler said.
Officer Adrian Montealvo turned on his lights and Mincey took off.
Montealvo radioed that Mincey was “passing cars left and right” and hit speeds as high as 110 mph before rolling the car. The crash killed Holloway and seriously injured Mincey, who said he remembered nothing.
Mincey was sentenced to serve fours years in prison and another 11 years on probation after pleading guilty to charges including vehicular homicide, driving under the influence, attempting to elude an officer and reckless driving.
Lionel Seabrooks, the father and guardian of Holloway's young daughter, sued Metter and Mincey in Candler County Superior Court in 2016.
The case went to mediation late last year, and the trial court approved the structured settlement under which the funds will be disbursed to Holloway's daughter on Jan. 18.
“To us, this was not a good chase,” said Butler. “There are times when you should chase if you have a violent offender. When you have a guy who's only crime is running a stop sign, that doesn't justify passing cars through town at 110 mph.”
According to a local news account, the Metter City Council voted Jan. 14 to adopt new policies regarding when to initiate or continue a police pursuit and the use of “stop spikes” to disable a fleeing car.
In comments to Savannah's WTOC, Metter Police Chief Robert Shore said the policy “boils down to whether the need to capture somebody is greater than the risk they pose to the general public.”
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'A 58-Year-Old Engine That Needs an Overhaul': Judge Wants Traffic Law Amended
3 minute readAppeals Court Removes Fulton DA From Georgia Election Case Against Trump, Others
6 minute readFamily of 'Cop City' Activist Killed by Ga. Troopers Files Federal Lawsuit
5 minute readFulton Judge Rejects Attempt by Trump Campaign Lawyer to Invalidate Guilty Plea in Georgia Election Case
3 minute readTrending Stories
- 1Holland & Knight Launches Export Control Disputes and Advocacy Team
- 2Blake Lively's claims that movie co-star launched smear campaign gets support in publicist's suit
- 3Middle District of Pennsylvania's U.S. Attorney Announces Resignation
- 4Vinson & Elkins: Traditional Energy Practice Meets Energy Transition
- 5After 2024's Regulatory Tsunami, Financial Services Firms Hope Storm Clouds Break
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250