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Report Faults National City Officer in Crash

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Times Staff Writer

A weekend accident that injured a police officer and an innocent driver was caused by a National City police officer driving the wrong way on a freeway ramp while chasing a stolen truck, according to a California Highway Patrol report of the incident released Thursday.

However, CHP spokesman Officer Lloyd Needham said that the officer who caused the accident and two other National City officers who drove their cruisers the wrong way on the freeway ramp did not violate any laws.

“The vehicle code does not apply to emergency vehicles displaying red lights and sounding sirens,” said Needham. “However, the accident was caused by a National City officer who was driving against traffic while in pursuit of a felon.”

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CHP Finding

A CHP investigation of the Sunday morning crash found that Officer Coley Davis led two other National City cruisers the wrong way on a ramp leading from California 94 to Interstate 5 in Southeast San Diego. Two Chula Vista police cars that were also involved in the chase of a suspected car thief remained at the bottom of the ramp, said Needham.

Needham declined to comment when asked if National City police acted properly in the incident.

National City Police Chief Terry Hart did not return phone calls Thursday.

The chase began in Chula Vista, where two Chula Vista police cars attempted to stop a pickup truck that had been reported stolen. The truck was driven by David Andre Mitchell, 20, who eluded police and fled north on Interstate 5.

Entered National City

When the speeding truck crossed into National City, three National City police cars maneuvered between the truck and the pursuing Chula Vista police cruisers, said Chula Vista Police Chief William Winters.

“Early on in the chase a Chula Vista officer realized that a tire had blown out on the truck. That was one of the reasons why our officer was hanging back, because he realized that sooner or later the truck was going to be forced to slow down or it would flip over. I can’t say for sure, but I guess the National City officers thought we were too far behind and that’s why they passed us,” said Winters.

According to a Chula Vista police report of the incident, Mitchell pulled the truck over to the right side of the freeway. The Chula Vista officers thought the truck was going to hit a wall, but moments later it was surrounded by the three National City cars.

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“He (Mitchell) then made a U-turn on southbound Interstate 5 and then went the wrong way up the ramp to Highway 94, and the National City officers followed him,” said Winters. “Our officers stayed where they were.”

Collided With Police Car

Davis led two other National City officers--Alan Bailey and Sgt. Don Bersgler--up the ramp, against oncoming traffic. Michael G. Powell, 43, was driving a pick up truck on the ramp to Interstate 5 at the same time and swerved to evade the truck driven by Mitchell. However, Powell’s truck collided with one of the National City cars and rolled on top of Bersgler’s cruiser.

Mitchell got away and abandoned the truck in Golden Hill. He was later arrested by San Diego police on suspicion of robbery, vehicle theft and evading police. Powell and Bersgler suffered minor injuries in the crash.

National City police were involved in another controversial chase in February, 1980, when they chased a suspected stolen car into Mexico. In that incident, two unmarked and one marked National City police cruisers joined a CHP patrol unit and a San Diego police car in a chase southbound on Interstate 5.

When the car theft suspect crossed the border, the San Diego and CHP units gave up the chase but the three National City cars continued the pursuit into Tijuana. Mexican police stopped the three cars, seizing one for a few hours and returning the others. The suspect escaped.

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