Motorcyclist dead after eluding police, community questions pursuit policy
John Karl Garner, Jr., 36, died in Rutherfordton on Wednesday. The Rutherford County Sheriff's Office was in pursuit of him on a motorcycle, the NC Highway Patrol said.
Rutherford County Sheriff’s Office deputies chased a motorcyclist from at least U.S. 64/74A (Chimney Rock Road) through Green Hill into downtown Rutherfordton, then further south on U.S. 221 on Wednesday, according to multiple witnesses. It is unclear at this time where exactly and why the pursuit was initiated. The motorcyclist, John Karl Garner, Jr., 36, died. Sheriff James Aaron Ellenburg told me more information is expected to be released this afternoon.
On Wednesday, December 20, at approximately 4 p.m., the North Carolina State Highway Patrol (NCSHP) responded to a collision involving a fatality on US 221 South, just south of Rutherfordton. The initial investigation revealed that “a motorcycle traveled through a steady red light at a high rate of speed at the intersection of US 221 and Poors Ford Rd. and collided with a Nissan Murano passenger vehicle,” Chris Knox, First Sergeant of the NCSHP Public Information Office, said in an email to Cops & Congress.
“The motorcycle came to rest in the intersection and the passenger vehicle came to rest on the shoulder of Poors Ford Road, just outside of the intersection. The driver of the motorcycle was ejected and came to rest in the intersection near the motorcycle. The driver of the motorcycle, John Garner Jr. of Chesnee, South Carolina, was pronounced deceased at the scene. At the time of the collision, the Rutherford County Sheriff’s Office was engaged in a pursuit of the motorcycle. The State Highway Patrol did not have any involvement in the pursuit,” he said.
“Biker down. Doin cpr. Check on your people,” a witness, Micah Mills, said in a local Meta (Facebook) group.
“That bike passed me going close to 100 mph on 64/74 past Green Hill toward Rutherfordton. Came within a foot of my car when passing with one cop behind him and another then joined the chase. Biker knew exactly what he was doing and I just hope nobody else was hurt. Cops risk their lives every day to stop these, yes, criminals. If they let them go it would just happen more often. Condolences to his family. He should have just pulled over and respect authority and he would still be alive,” Jen Dittmer Vivolvo said.
“I was run off the road in Edwards street (sic) with this chase. I cannot foresee there being anything at all to put that many citizens at risk, especially with the 10-15 officers it seemed were chasing him,” said Michelle Heather Antonie.
Community questions high-speed police pursuits
In North Carolina, there are no statewide laws that set pursuit policies, it is left up to each individual law enforcement agency. The state's top traffic agency, the North Carolina State Highway Patrol, has seen a dramatic increase in chases. Last year, they engaged in more than 1,000 pursuits, a 132% increase from 2019, ABC11 reported in June.
The popular television show On Patrol: Live regularly features the Brookford Police Department, with several motorcycle pursuits in Catawba County, near Hickory. A Hickory PD officer was fired after a woman and her son died as he pursued a motorcycle earlier this year.
“Cops shouldn’t chase bikes for this exact reason. There should be a no pursuit law. Get the tag info and go from there,” Brandon Beane said.
“RCSO would chase a plane lmao, they go through more cars than any other LEO (law enforcement organization),” Noah Herring said.
“I mean this in the most respectful way but just because it’s a bike doesn’t mean they shouldn’t be obeying the law. You would be amazed at how many drugs come through our county due to bikes. They need to obey the law just like someone driving a car and just because they are on a bike doesn’t mean they should be let go. They shouldn’t be running from our officers in the first place,” Meredith Odell said. Her boyfriend is RCSO Sgt. Joseph McComas.
“This is a horrible tragedy. My heart goes out to the family of the man killed. I also feel horrible for the officer that was pursuing him. He or she was doing their job. No officer wants to chase anyone,” Bruce Molloy said.
Cops & Congress does not see a pursuit policy available publicly on the Rutherford County Sheriff’s Office website (unlike other western NC law enforcement agencies, such as Charlotte, Hickory and Asheville.) A public records request is pending.
A Department of Justice report published by the Police Executive Research Forum recommends that "pursuits should take place only when two very specific standards are met: 1) A violent crime has been committed and 2) the suspect poses an imminent threat to commit another violent crime." The report recommends policies that discourage or prohibit pursuits if the suspect is riding a motorcycle.
North Carolina’s Run and You’re Done Law
“You’re required, by law, to safely come to a complete stop when police sirens appear behind you, signaling you to pull over. If you fail to stop as required by traffic police performing their duties, you can face serious charges in North Carolina,” according to King Law Firm. Passed in 2011, the “run and you’re done” law was intended to outlaw fleeing from the police to stop them from carrying out their duties. Law enforcement can seize vehicles under the statute. In certain parts of the state, they’re seizing vehicles by utilizing drones and other technology, such as in Fayetteville.
Why did John Garner do what he did?
Garner had a lengthy criminal history, dating back to 2004, per state records. He was released from prison in 2022 following a plea deal in Raleigh. He was facing numerous charges in Polk County at the time of his death, according to court records, including multiple felonies of “flee/evade arrest,” “possess stolen vehicle,” “PWISD (Possession with Intent to Sell or Deliver) marijuana,” “cruelty to animal(s),” and “possession of firearm by felon” with “alter/remove gun serial number.”
Cops & Congress commentary
I work to shine a light on police and policy issues. People may choose to run from the police for various reasons, and it's important to note that individuals' motivations can differ widely. Some common reasons include:
Fear of Consequences: Individuals may run because they are afraid of facing legal consequences for their actions. This could involve pending arrest warrants, outstanding fines, or other legal issues.
Panic: In some situations, people may act impulsively out of panic or anxiety when confronted by law enforcement. Fear and stress can lead to irrational decisions.
Guilt or Shame: Individuals who have committed a crime or are engaging in illegal activities may run to avoid being caught and facing the consequences of their actions.
Misunderstanding: In certain cases, people may run from the police due to a misunderstanding or a belief that they are being pursued for something they did not do.
Prior Negative Experiences: Some individuals may have had negative experiences with law enforcement in the past, leading to a lack of trust. This mistrust can contribute to a decision to flee from the police.
Desperation: Individuals facing desperate situations, such as financial struggles or personal crises, may run as a last resort to avoid perceived negative outcomes.
It's important to emphasize that running from the police is illegal and can lead to more serious charges. Law enforcement is trained to handle various situations, and fleeing can escalate the level of response and risk involved. Individuals should cooperate with law enforcement and address legal issues through proper channels, but it is your right to question everything and record everything under the U.S. Constitution.
North Carolina is a one-party consent state. State Sen. Tim Moffitt tried to change that with SB 367. I told lawmakers why they shouldn’t change it, and they didn’t. NC journalists agree.
Citizens have the right to record interactions with police. Further protections were granted this year in NC, SC, MD, and VA: Livestreaming police during a traffic stop is protected speech, according to the Fourth Circuit.
Cops & Congress by Annie Dance is a service journalism newsletter, focusing on police, policy, and public records in the Lake Lure, NC area. It is free to read, but it is not free to produce. Please click on the button below to support my work.
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