On Oct. 26, Palm Coast resident Kendall Clark and her husband were driving in a residential Seminole Woods neighborhood to visit family when they were almost in a severe crash with a Florida Highway Patrol trooper chasing an alleged suspect, on the wrong side of the road.
The chase was one of several last week, including one that ended with the shooting of a woman in a Hammock Beach Resort parking lot, all part of a drug-interdiction operation FHP carried out, using Flagler County locations. (The woman survived.)
Deque McCall, the 26-year-old man FHP was chasing in Seminole Woods, was not wanted for a violent crime, was driving his own car, and lives on Felter Lane in Palm Coast. It is not clear why FHP sought to execute a traffic stop on him. Once FHP did so, McCall allegedly fled, abandoned his car on Slow Drift Turn, and led law enforcement on a foot chase in the nearby woods before he was apprehended.
The FHP trooper almost collided with Clark and her husband during that stretch of time. FHP charged McCall with reckless driving causing damage to property (his vehicle smashed down a mailbox and tore up a swale) and fleeing and eluding police, a second-degree felony. There were no drugs on him or in his car, and there was no charge related to what would have prompted a traffic stop. He was booked at the county jail and released within hours, in $3,000 bond. (See: “Another FHP Chase Ends in Arrest After Manhunt Off Slow Drift Turn in Seminole Woods.”)
Clark that day wrote the letter below to Flagler County Sheriff Rick Staly, whose department has not been involved in FHP operations except in after-the-fact supporting roles, when needed. It was not involved in the McCall chase. Clark’s letter, sent to the sheriff’s email address on the agency’s website, apparently did not reach the sheriff. Staly provided a response after FlaglerLive shared Clark’s letter with him on Nov. 2. That response is below Clark’s letter.
Good Evening Sheriff Staly,
I wanted to share with you what occurred today related to the incident with the Florida Highway Patrol pursuing a suspect that culminated on Slow Drift Turn.
My husband and I were on our way to our son and daughter in law’s home to visit our newborn granddaughter just before 12:30 this afternoon. We turned from Seminole Woods Parkway onto the south entrance of Sloganeer (closer to US 1). We live nearby and visit often so I know there are always people walking and bicycling, children playing, construction vehicles, landscape trucks and other work occurring, so I drive cautiously and slowly.
Immediately after the Slocum intersection the road curves to the left and shortly after curves sharply to the right before the west entrance to Slow Drift turn.
As I was approaching that sharp right curve, an FHP sport utility vehicle came speeding around that curve from the opposite direction on the wrong side of the road. Had I not been driving carefully and defensively, I would have been in a head-on collision with that vehicle–not because of my actions, but because that trooper was speeding and driving on the wrong side of the road.
We then turned onto Slowdrift and found the abandoned Dodge Charger in front of number 26. As we exited our vehicle we heard gunshots nearby. I entered the house and my husband called 911 to report the vehicle and gunshots. You are well aware of what ensued and why, so I don’t need to explain that. I am thankful for the response and quick apprehension of the subject and that my son, daughter in law, and five day old granddaughter remained safe.
However, as the chaos of the incident abates, I feel increasingly upset about the incident that occurred on Sloganeer. It has not been reported that the subject of the chase committed any violent act, yet the pursuit put every person that lives and drives in the Sloganeer neighborhood at grave risk. The trooper showed absolutely no regard for the safety of innocent bystanders.
What if my son and/or daughter in law were walking the baby in the stroller? What if someone else was walking their dog? What if I were less aware of my surroundings? My husband was in the car. He has had two cervical fusion surgeries. That degree of impact would have either killed or paralyzed him.
I know you hold your deputies to high public safety standards and I appreciate that so much, and I also understand that you have no oversight with regard to FHP. However, I do hope that you have the ability to share with FHP how close their employee came to causing a catastrophic accident–not to catch a person that committed a violent crime, but instead in pursuit of someone that may have had drugs in their car.
FHP demonstrated a gross disregard for our community today, and that is unacceptable.
If there is an avenue you recommend that I pursue to escalate this, I will do so. I understand FHP vehicles have dash cams so this incident should be easy to document if anyone there is interested in doing so.
Thank you for listening and for leading an agency that operates cautiously and with regard for life and safety. I appreciate that more today than I ever have before.
Sheriff Staly’s response:
As of today [Nov. 2], I have not received the letter from Mrs. Clark. It may have been delayed depending on what address was used as old addresses are still found on various websites. However, since FlaglerLive provided me a copy of the letter I would first like to thank her for taking the time to bring the concerns to my attention regarding a vehicle apprehension involving the Florida Highway Patrol.
In Florida, there is no standard policy on vehicle pursuit or apprehension involving fleeing vehicles, although Florida Accreditation standards and state law do provide guidance. Each law enforcement agency creates their own policy and is responsible for training their officers and deputies. Since I do not personally know FHP’s policy, I have forwarded the concern to FHP.
Of course, this entire incident which endangered many people, including law enforcement officers, could have been avoided if the driver had just stopped as required under Florida law. The failure to do so is a felony crime in Florida.
Cid says
Why would she not have written the letter to FHP herself??? Doesn’t make sense.
Florida Girl says
I “think” just to inform Sheriff Staley on what FHP is doing – running a muck right under his nose. I appreciate Staley as a person, but I gotta say, what his response was, was not flavorful to me. I mean its straight and to the point but lacks that whole human part of us, and how do we stop this from happening again. Because if that would have been Staleys grandchild’s neighborhood, they would have heard about that sh*t all the way in Texas. They would be re-evaluating policy and procedure and blahhh blahhh blahhh. Staley hit a forward icon on his devices screen. I would think law-enforcement could quickly map the area that McCall was running in and chose a more appropriate time to actively have a go at him – but they “might” lose evidence, ya know?
BLINDSPOTTING says
I call this BS! Correct me if I’m wrong, I was under the impression that
they were not to pursue high speed chases that endanger the lives
of pedestrians, especially in our DENSELY populated areas. It appears
that from the county on down to the sheriff it’s the SOS gobblygook
response that is given when citizens report a grievance I find it strange
as to why our sheriff did not receive this letter and that Flagler Live had to
send it to him, the post office forwards letters from old addresses to new ones,
why not the new sheriff address??? Is it that they feel that because
a tragedy did not happen that they will let this slide while they sit back and
wait for something actually to happen! This needs to be addressed by
county officials and the sheriff , thank goodness people and lives were
spared this time.
Land of no turn signals says says
Got a word for you “COMPLY” if your shit is tight You will be on your way in no time.Don’t blame the police blame Deque.
melly says
It’s a given that many will not comply. The point is the response of law enforcement in the face of non-compliance, when nobody was in any kind of grave danger. LE was aware of this, from all indications, yet they persisted in a dangerous pursuit.
Sorry, but “he should have obeyed” doesn’t excuse anyone from the discussion, unless you were simply excusing yourself from it…
Beth says
The sheriff is absolutely correct. Had the person just stopped when FHP attempted their stop, no one would have been put in danger.
Mark says
So if FHP had plowed into this couple in a residential street and killed someone, you would tell the family that the guy should have stopped?
Of course everyone should comply with police offers, but when they don’t, the police shouldn’t lower themselves to the level of a criminal. They should always be the adults in the room. Or on the street.
Pc says
Are you even reading???? Duh he should have stopped but he DIDNT. Does this mean disregard everybody else around just to catch the suspect who btw, had no violent charges against him???? Stop the chase and pursue it someway else. FHP needs to get it together. Please use your brain.
Inferno Affairs says
P.S. In other words Law enforcement routinely breaks the law, puts civilians lives in danger and chases without technically chasing, all so they can ENFORCE the law. Not proactive but highly reactive. These guys can think up a million statutes, laws and infractions to throw at you when hey want to case a person up. Call them out publicly with facts and suddenly they’re tongue tied and don’t know polices and what’s right and wrong. Staley is a company man. You know the old saying “Back the Blue, Till It Happens To You!”
Marek says
Those FHP troopers watch to many movies. The lady was absolutely right in her letter and Sheriff Staly should be ashamed of his excuses . Is FHP investigating?
What’s their position? Are we going to be informed or is it already swept under the rug . Those cowboys need to be put on a shorter leash.
FlaglerBear says
Let me just say at the outset that I’m glad the trooper in this scenario was a better driver than he or she was given credit for and no crash occurred. I’m also glad these nice folks are ok. That being said, merely fleeing a law enforcement officer in the State of Florida is a felony; and FHP theoretically considers it a ‘violent felony’ for which they will most certainly always give chase. People don’t usually run from the police for no reason. Even if they have no drugs on them or warrants, they may think they have warrants or were successful in throwing the drugs out the window before being apprehended. They may have committed a crime that the police don’t yet know about but think they do and are fleeing the undetected crime. There are a myriad of possibilities. Do ya get my drift? Bottom line, if you’re not happy with the way FHP does business, contact Tallahassee and take your best shot. The Sheriff can’t help you. Sorry.
Palm Coast Citizen says
You changed my perspective a little on this one. Thanks for that.
JimboXYZ says
The individual has an extensive history of arrests, considered a fleeing felon on that date. 1st arrest was age 18, now 26, 8 years of progressively poor choices, drugs & intent to sell/distribute. Seems like they’ve given him several opportunities to find a different path in life. There were gun shots ? When criminals don’t stop when they are caught doing something, he caused the chaos of a chase.
http://inmatesearch.flaglersheriff.com/NewWorld.InmateInquiry/FL0180000/Inmate/Detail/-359774
https://florida.arrests.org/Arrests/Deque_McCall_57561385/
Dennis C Rathsam says
Nothin for Nothing, if a trooper, or a deputy, or the police put their flashing lights on, behind you, just pull over. Its real simple, avoid the drama, theses folks are here to protect and serve, not to race after a butthole.
Shelly says
If the subject that led FHP on a chase was innocent, then he should have stopped and pulled over. It’s obvious he was guilty of something if he fled.
melly says
What I will never understand is the mindset of “Well? He should have just obeyed…”
Thank you, Captains Obvious, but that’s a given. The specific problem we still face has to do with the auto-jockeys calling themselves the Florida Highway Patrol, chasing a guy at high speed through a populous suburban neighborhood with sidewalks and pedestrians. Florida doesn’t have a clear policy on this? Time for Governor Gung-Ho Law and Order to get with the program. MAKE ONE.
Wendy Bentzley says
There is a policy. You can go on some agencies and read them. I know for a fact FHP is accredited and has to meet the standard with policy and procedures. Obviously, they didn’t follow it.
Pierre Tristam says
The logic of the majority of comments is of a piece with a mentality that assumes cops can do no wrong and everyone else, bystanders included, either must submit or are guilty until proven innocent. That’s fine in police states. It’s not fine where cops are supposed to protect and serve. The logic also suggests that whether you have a broken taillight or are a serial murderer, it’s equally OK to chase. It isn’t. We live in a county where the Sheriff’s office has a strict no-chase policy in non-violent situations for a reason: the risk of harm to bystanders is too great to go after minor infractions. That policy is implemented every day here, thankfully.
FHP has no such policy, evidently, and has no issue flouting Flagler’s norms. It’s a felony to ignore a cop pursuing you, as it ought to be. Equally, it ought to be illegal, and punishable, if cops pursue for unjustifiable reasons—as was clearly the case here. The court record proves that there was not even a cause for the chase, other than what we can speculate: a likely case of profiling, which unfortunately is still not a crime in our cops-can-do-no-wrong state. So we had two citizens almost wiped out, could’ve had children wiped out, because these cops feel they can act with impunity, and because state police trumps local police. There’s no logic, no sense here. There’s criminal recklessness, and sheer luck that it did not end in tragedy.
As for Kendall not writing FHP: those critics also miss the point. If anyone is going to have sway with FHP, it sure as hell isn’t a no-name citizen from the town FHP is using as a staging ground. It’s going to be the duly elected, and very powerful—and usually responsive (and judging by his chase policy, responsible) sheriff, who FHP cannot ignore. My guess is that Staly is pissed as hell that FHP is mucking up his county with cowboy acts that would get his own deputies reprimanded or demoted, but he can’t say so publicly, what with consecrated blue lines and such. But I doubt he’s sitting there privately applauding FHP, just because it’s FHP. Kendall went the right route. And let’s be glad she can still take those routes, she and her husband, figuratively and literally. What FHP owes her is an apology. What it owed us all is an explanation, and assurances that its interdictions won’t again devolve into reckless endangerment at everyone else’s expense. Pellicer Creek isn’t the Rio Grande.
I am grateful to Kendall Clark for bringing this to light, and for having the courage, in a county where speaking in any critical way about cops is considered lynch-worthy heresy, to have agreed to have her letter published.
The Geode says
And just what is the “justifiable reason”? Drugs? Murder? A drive-by? Most drugs and guns are found with “routine traffic stops”. You all talk out of both sides of your mouths when you want criminals off the streets UNLESS they decide to drive through neighborhoods recklessly then all bets are off. Seems like you people will use ANY excuse to castigate cops and ANY excuse to coddle criminals. What are they supposed to do? just let them flee? Hopefully, when they ditch their cars, they will choose your door to kick in. Then you’d be complaining that the police aren’t doing enough to keep citizens safe. Why would anybody apply for a thankless job being a cop is beyond me. The criminals don’t respect them if any. little. thing. goes wrong it will be 100% THEIR FAULT because this society will back the criminal ESPECIALLY if they meet the required parameters
FlaglerLive says
You must mistake “your papers please” with a lullaby and stop-and-frisk with some kind of autoerotic game. I prefer my police states a bit more self-controlled.
Beth says
A very quick Google search found the FHP pursuit policy: https://www.flhsmv.gov/pdf/fhp/policies/1705.pdf
Pierre Tristam says
Thank you. The policy is ridiculously, recklessly, unsurprisingly broad.
Skibum says
Pierre, all written law enforcement policies are broad, as they are intended to be precisely because there is no way to account for every circumstance an officer may encounter while dealing with people and incidents that are completely out of the control of law enforcement officers. If agencies pigeon hole their policies down to very, vey specific does and don’ts then many things officers will eventually encounter will then be outside of policy and could result in idiotic and unnecessary lawsuits by the ambulance chasing lawyer types who love bringing civil actions by looking at policies and saying oh yes, that cop violated such and such policy and we are filing a multi-million dollar lawsuit against his or her agency citing that policy violation. That would be an even bigger mess in today’s litigious world.
Upon my review of FHP’s pursuit policy, as expected, one of the very first things it says is that troopers “are not relieved from the duty to drive with due regard for the safety of all persons, nor shall the provisions of Section 316.072, Florida Statutes, protect the member from the consequences of their reckless disregard for the safety of others.” The policy repeats that statement a couple of pages in to reiterate its importance I suspect. Their policy also talks about ensuring that their “recording devices” in the car are on, so I assume that most, if not all their patrol cars have dashcams that can be reviewed by supervisors and administrators, if necessary. The policy additionally addresses specific things that troopers are required to consider when either initiating or deciding to continue a pursuit. They are required to discontinue a pursuit if it is deemed dangerous, and another piece of their policy outlines supervisory responsibilities for monitoring and/or ordering that a trooper discontinue a pursuit for the same reason.
Having said all of this, I have also looked at quite a few FHP pursuits over the years that are easily found on YouTube, and I think FHP is unfortunately in the same category as Arkansas State Police when it comes to aggressive and dangerous pursuit techniques. If not much more careful, some troopers are eventually going to cost state taxpayers a lot of money if their aggressive driving and ill-advised maneuvers during pursuits results in the unnecessary injury or death of uninvolved drivers or pedestrians. I hope the writer who was upset at the way the trooper was driving in this incident follows up with a supervisor at the local FHP office or an administrator at FHP headquarters to voice her concerns and request that they review the dashcam of that trooper.
Trooper says
You guys are stupid. Flager County calls us all the time to pursue for them. Read our policy, If you run, we are chasing you down. Even on a motorcycle.
Joey G says
Why are all you people saying the guy should have stopped? Of coarse he should have but that’s not the issue here is it. Why in the first place was FHP driving in the wrong lane and driving like a manic. Going around a blind turn like that is a 50/50 shot at causing a severe Collision and possible catastrophic injuries. He could have easlly slowed down used caution (what lost 3 seconds maybe 4) and than proceeded. It’s easy to be on the outside looking in and passing a judgement. But I am not trained for that they are. Very bad judgement and the officer at the least should be suspended for 30 days and every day have to do some type of refresher training . We are only lucky that an accident didn’t occur. Anyone think about that poor guy walking his dog and gets hit and killed by a trooper. What the hell is going on here lately.
Skibum says
When a law enforcement officer turns on their emergency lights, and siren as needed, just as was done in this FHP pursuit of a reckless driver, that officer is immune to the normal traffic laws that citizens are supposed to follow. However, there is a required emergency vehicle operations training that is called EVOC and that all law enforcement agencies put their officers through. I’m quite sure that FHP has written policies pertaining to emergency vehicle operations, and I would be shocked if their agency’s policies didn’t also require troopers to still drive with due caution and care because of other non-involved vehicles on the road as well as pedestrians who could be placed in danger by a trooper’s aggressive driving to catch an offender, regardless of having the emergency lights and siren on. Even if the agency’s policy gives a lot of discretion to the officer, common sense would dictate that any trooper chasing a vehicle through a residential neighborhood should be exceptionally careful. It sounds like that may not have happened in this case. I think it was appropriate for the letter to be written, and I hope FHP gives it the attention it deserves. FHP patrol vehicles should have dashcams, and if the involved trooper’s dashcam is reviewed by supervisors and they can see he was driving too aggressively in the Seminole Woods neighborhood during the chase, they need to address that trooper’s actions to make sure he understands his responsibility when operating his vehicle “code 3” in a residential neighborhood before a tragic incident occurs where an innocent person is injured or worse. As I was trained (and believe), it is common for someone you are chasing to drive even faster and/or more recklessly if you as an officer speed up or chase that driver more aggressively. Many law enforcement agencies have very strict policies and guidelines about vehicle pursuits, and those agencies require a supervisor to terminate an officer’s pursuit if it becomes too dangerous or jeopardizes innocent people’s lives. There is a growing thought process nationwide in law enforcement that it is usually better to let a reckless driver get away rather than endanger other drivers and pedestrians. If FHP has not yet come onboard with this latest thinking that many agencies have already adopted, it may be time for them to consider reviewing and updating their policies, and the letter that this frightened woman wrote may just be the impetus of such a change in how they allow their troopers to pursue vehicles.
Resident says
If you don’t like cops, don’t call them for help……..ever. We, the citizens of the state of Florida, approve of the guidelines set forth for FHP and the entire DHSMV. Maybe there’s a country in the world where all of you could live and not complain about law enforcement continually. Why these men and women would put their lives on the line for you is beyond me. And one more time…….FHP does not answer to a sheriff anywhere.
Concerned Citizen says
Pierre,
I stand with you on this one. We don’t often agree but the law applies to all. Even though I retired with an honorable career in the public safety field I expect them to conduct themselves better. There is one thing that separates us from the daily 9 to 5 worker. We took an Oath. As cliche as it sounds we were sworn in to do a job not others do. And because of that we get special authority. Because of that reason alone we should always do the right thing.
With the last several incidents I have deduced that FHP is an angry organization. As much as I disagree with Staly he has done well teaching his force to deescalate. FHP shows no inclination to do that. Instead they appear to be quite opposite. It seems they look for the slightest provocation to go “full bore” and it is not a flattering image.
We live in an age where policing should be community oriented. And acts like these are no longer tolerated. Hopefully FHP takes a step back and a deep breath. And reflects on changes before they get someone needlessly killed.
Skibum says
One additional tidbit of information that citizens should be aware of is the legal concept of vicarious liability. Every law enforcement supervisor, administrator and agency alike is, or should be, fully aware of the liability they could face if an officer causes someone’s injury or death due to the officer’s negligence, poor supervision, inadequate training, wrongful retention, etc. Way back in the late 70s when I was a recruit going through the Los Angeles County Sheriff’s Academy, we learned about vicarious liability even as police recruits, so I am sure that in today’s world, supervisors and administrators are knowledgeable about their responsibilities. When I supervised officers assigned to me, from time to time I had to make hard decisions and initiate corrective or disciplinary action on individuals who repeatedly ignored policy, proper procedures… or just plain common sense, because I knew if I failed to address the issue and someone was injured because of my failure to supervise or train, I could be held personally liable for an officer’s conduct. There is more information about vicarious liability pertaining to law enforcement at this link:
https://www.ojp.gov/ncjrs/virtual-library/abstracts/civil-liabilities-police-supervisors
TR says
I’m having a major problem at my house and LE doesn’t want to do anything about it. I have contacted the SE and they aren’t going to do anything (was told point blank). My point is that some LE officers think that the laws don’t apply to them and they can do whatever they want.
I’m glad that the Clark’s are ok and anyone else who was out on that street that day. But the idiot driver they were chasing caused all this by no stopping in the first place and taking off. Maybe he had something to hide.
Denali says
One thing that is missing here is that the FHP officer has what is called “enforcement discretion”. Just because he can give chase does not mean he is required to do so. An officer must take note of his surroundings and understand that there is a difference between a rural county road and a city street in a densely populated area. As stated earlier, there was no legal justification to initiate the traffic stop. Why the individual made the decision not to stop is only known to him; why the FHP officer decided to give chase in a populated area for no reason other than ‘he disobeyed me’ is just wrong. He had the plate number and as I learned all too many years ago, you cannot outrun Motorola. They would have eventually caught the guy. I am not trying to defend the ‘suspect’ but to have given chase with no justification other than the cop letting his emotions get the better of him, in this location was unconscionable.
Roscoe P Coletrain says
Make no doubt about it the FHP just gone pure tee nuts lately with their reckless abandon. The chase that ended in Hammock and shooting a woman, over next to nothin’. The chase that ended on 95 that killed a man, over next to nothin’. Turned out the fella just simply drove off with the lady’s car, unarmed. But, holy shitballs of fire how fortunate numerous innocent bystandards weren’t killed in that high speed chase. Then this chase. My God if this is how the FHP defines “Protect and Serve”, well, then, thanks but no thanks. Stick to writing traffic citations.
Bill C says
The FHP had his license plate, had his car, which they could have impounded, could have went to his residence and arrested him afterwards. Their actions sound like a script from “Dirty Harry”. Callahan!
Derrick says
Ah Pierre,
1. “Almost” Only counts in horse shoes and hand greands.
2. Justices Have Already Ruled The Police Do Not Have a Constitutional Duty to Protect Someone
Check you facts.