The State: Always The Accuser

Jessica Nelson and Philemon Ellis were killed instantly when a car driven by Eddy Bustos blind-sided them at an intersection in Ogden, Utah. Bustos, who was trying to elude a police officer, plowed his vehicle into Nelson’s car at nearly 80 miles per hour.

Bustos would be sent to prison for manslaughter. Ogden City officials would quite thoughtfully find a way to cut the victims in for a share of the blame for the incident as a way of insulating themselves from liability for the actions of Officer Matt Jones, whose unnecessary pursuit led to the crash.

Jones, who has involved in police surveillance of a “known gang member” at what was called a “known gang/drugs/weapons hangout,” gave pursuit when Bustos left the area – apparently on the assumption that his presence in the area created reasonable suspicion of criminal activity. A federal court ruling notes that Jones “was aware of the residential address of Mr. Bustos and could have waited at that address to arrest Mr. Bustos for any crimes he may have committed.” Thus no exigent circumstances existed to justify pursuing Bustos, which is why “the officers were advised and ordered by dispatch to disengage from the pursuit.”

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