Innocent driver's family sues Dallas after deadly police chase crash

The family of a man who died when a police chase suspect crashed is suing the city of Dallas over that chase.

Dallas police chase ends in deadly crash

The backstory:

Anthony Welch was killed in a car crash on Interstate 35E near Red Oak on Jan. 16.

He and his wife, Dee, were in a vehicle that was struck by a wanted murder suspect fleeing Dallas police at a high rate of speed.

Anthony died at the scene. Dee was critically injured.

The suspect, 29-year-old Gabriel Cerna, was shot by Dallas police officers after he pointed a gun at them and tried to run away from the scene of the crash.

Cerna also remains in the hospital. 

Once he is released, he will be booked into the Dallas County jail on charges of evading arrest, capital murder, and aggravated robbery.   

Victim’s family files wrongful death lawsuit

What they're saying:

Attorney Quentin Brogdon is representing the Welch family.

"Their children are just devastated. The family’s devastated about what has happened here," Brogdon said. "As we are talking here today, Ms. Welch is fighting for her life in a hospital where she’s lost her husband."

The attorney filed a negligence and wrongful death lawsuit on behalf of the family against Cerna and the city of Dallas.

It alleges the officers’ decision to pursue Cerna on the interstate put bystanders, including the Welches, at risk.

"The circumstances of the police chase here should have dictated that the police save the apprehension for another day. They were chasing at high speed this criminal suspect for over 2.5 miles on a busy highway – I-35E – at 10:30 a.m. with lots of other cars and traffic around. It was unsafe," Brogdon said.

The family is seeking a minimum of $1 million in damages.

Related

Innocent person killed after Dallas police chase ends in crash, shooting in Red Oak

An innocent person was killed and another was seriously hurt after a Dallas police chase of a murder suspect ended in a crash and shooting in Red Oak.

The other side:

The Welch family could have difficulty seeking legal action against the city of Dallas due to the law of qualified immunity.

According to the National Conference of State Legislatures, qualified immunity "protects state and local officials, including law enforcement officers, from individual liability unless the official violated a clearly established constitutional right."

Brogdon remains hopeful that his clients will prevail.

"The difference that the law gives police officers is not unlimited. Officers have to use reasonable care, and they cannot act in a reckless manner that needlessly endangers the public," he said.

Dallas police chase policy

What we know:

The Dallas Police Department’s officers are allowed to chase suspects involved in violent felonies or when the officer perceives the suspect to be an immediate threat to public safety.

Affidavits for Cerna’s arrest state that he is the suspect in an armed robbery that happened at a shoe store in Dallas in December, as well as a murder that happened in Mesquite in December.

Undercover DEA agents spotted him in the passenger seat of an SUV at a gas station on the day of the chase and notified Dallas police because he had outstanding warrants.

Undercover Dallas officers began covertly following him at that point and called for a police helicopter and uniformed officers to conduct a felony traffic stop.

Once the clearly marked Dallas police squad cars arrived, the affidavit states the driver of the SUV pulled over on the side of I-35E.

Cerna allegedly ignored commands to exit the SUV, pushed the female driver out, "causing her to fall out in the middle of the highway," and then took off.

A Dallas police sergeant authorized the chase "due to the severity of the violent offense," the affidavit states.

What we don't know:

Dallas police haven’t commented on the chase.

They also haven’t yet released body camera or dash camera video of the officer-involved shooting.

In a statement on Tuesday, both the city of Dallas and the Dallas Police Department said they do not comment on pending litigation.

The Source: The information in this story comes from a wrongful death lawsuit filed by the Welch family, interviews with the Welch family's attorney, arrest warrant affidavits, jail records, and past news coverage.

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